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010819 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 8, 2019 – 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 PM - The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential sale of real property consisting of approximately 30 acres northwest of Diaz Road and Dendy Parkway owned by the City (APN: 909-370-050 and 909-370-049). The potential buyer of the property in negotiations with the City is: The Stephen A. Bieri Company, Inc. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, Luke Watson and Peter Thorson. Under negotiation are price and terms of the potential sale of the property. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential acquisition of real property located at 29119 Margarita Rd. owned by the Orchard Church (APN: 921-300-006). The potential seller of the property in negotiations with the City is: Orchard Church. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, Luke Watson and Peter Thorson. Under negotiation are price and terms of the potential sale of the property. 3. CONFERENCE WITH LEGAL COUNSEL—PENDING LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to two matters of pending litigation: (1) City of Temecula v. JA Plaza, LLC, et al., Riverside County Superior Court Case No. MCC 1800578; and (2) City of Temecula v. Alicia Rigas, et al., Riverside County Superior Court Case No. MCC 1801082. Next in Order: Ordinance: 19-01 Resolution: 19-01 CALL TO ORDER: Mayor Mike Naggar Prelude Music: Susan Miyamoto Invocation: To Be Announced Flag Salute: Council Member Maryann Edwards 1 ROLL CALL: Edwards, Rahn, Schwank, Stewart, Naggar PRESENTATIONS/PROCLAMATIONS Presentation to Incoming/Outgoing Mayor and Incoming TCSD President Presentation of Certificate of Appreciation to Susan Miyamoto Presentation of Certificates of Achievement to Temecula Valley High School 2018 (CIF) California State Division 1 — Girls Volleyball Champions Presentation of Service Awards to Mike Naggar (20 Years), Gary Watts (10 Years), JR Richardson (5 Years), and Zak Schwank (5 Years) PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 2 Approve the Action Minutes of December 11, 2018 RECOMMENDATION: 2.1 That the City Council approve the Action Minutes and Joint Meeting Action Minutes of December 11, 2018. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of October 31, 2018 RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of October 31, 2018. 5 Approve the Second Amendment to the Agreement for Law Enforcement Services with the County of Riverside to Increase Patrol Coverage for the City RECOMMENDATION: 5.1 That the City Council approve the Second Amendment to the Agreement for Law Enforcement Services with the County of Riverside, adjusting the patrol coverage from 200 hours per day to 205 hours per day. 6 Approve Annual Legislative Platform for Calendar Year 2019 RECOMMENDATION: 6.1 That the City Council approve the annual Legislative Platform for calendar year 2019. 7 Receive Report Regarding Status of Existing Vacancies on the Community Services Commission RECOMMENDATION: 7.1 That the City Council receive the report regarding the status of the existing vacancies on the Community Services Commission. 3 8 Approve Annual Boards and Commissions Handbook for Calendar Year 2019 RECOMMENDATION: 8.1 That the City Council approve the annual Boards and Commissions Handbook for calendar year 2019. 9 Approve Annual Citywide Records Retention Schedule and Records Destruction for Calendar Year 2019 RECOMMENDATION: 9.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 19- 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 10 Authorize the Mayor to Execute the Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments (WRCOG) RECOMMENDATION: 10.1 That the City Council authorize the Mayor to execute the amendment to the Joint Powers Agreement of the Western Riverside Council of Governments (WRCOG). 11 Approve U.S. House of Representatives District Office Lease at the Temecula Civic Center RECOMMENDATION: 11.1 That the City Council approve U.S. House of Representatives District Office Lease until January 2, 2021 at the Temecula Civic Center, in substantially the form attached. 12 Approve the Amended Salary Schedule to Include the Classification of Water Safety Instructor RECOMMENDATION: 12.1 That the City Council approve the Amended Salary Schedule to be effective January 8, 2019. 13 Approve the First Amendment to the Agreement with Esgil for Plan Check Services for Fiscal Year 2018-19 RECOMMENDATION: 4 13.1 Approve the First Amendment to the Agreement with Esgil, in the amount of $150,000, for a total agreement amount of $350,000, for Plan Check Services for Fiscal Year 2018-19; 13.2 That the City Council approve an appropriation in the amount of $150,000. 14 Approve an Agreement with Fairview Ford Sales, Inc. for the Purchase of One (1) Ford F-550 XL Sign Truck RECOMMENDATION: 14.1 That the City Council approve an Agreement with Fairview Ford Sales, Inc., in the amount of $101,793.98, for the purchase of one (1) Ford F-550 XL Super Duty Chassis Cab and Utility Bed with Equipment. 15 Approve an Agreement for Maintenance Services with U.S. National Corp for Painting Maintenance Services RECOMMENDATION: 15.1 That the City Council approve an Agreement for Maintenance Services with U.S. National Corp, to provide annual Painting Maintenance Services for Fiscal Year 2018-19. 16 Approve an Agreement for Consultant Services with Michael Baker International, Inc., for the Traffic Signal and Park and Ride Access Improvements, PW18-11 RECOMMENDATION: 16.1 Approve an Agreement for Consultant Services with Michael Baker International, Inc. in the amount of $227,244, for the Traffic Signal and Park and Ride Access Improvements, PW18-11; 16.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $22,724.40, which is equal to 10% of the Agreement amount. 17 Award a Construction Contract to California Waters Development Inc., dba California Waters for Community Recreation Center (CRC) Pool Site Enhancements and Renovations, PW 18-02 RECOMMENDATION: 17.1 Award a Construction Contract to California Waters Development Inc., dba California Waters, in the amount of $1,282,400, for the Community Recreation Center (CRC) Pool Site Enhancements and Renovations, PW18-02; 17.2 Authorize the City Manager to approve Contract Change Orders not to exceed the contingency amount of $256,480, which is equal to 20% of the contract amount; 17.3 Make a finding that the Community Recreation Center (CRC) Pool Site Enhancements and Renovations, PW18-02, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 5 18 Approve the First Amendment to the Agreement with Crosstown Electrical & Data, Inc., for On -Call Maintenance and Repair of Closed Circuit Television Cameras and Communication Equipment RECOMMENDATION: 18.1 That the City Council approve the First Amendment to the Agreement with Crosstown Electrical & Data, Inc., in the amount of $30,000, for On -Call Maintenance and Repair of Closed Circuit Television Cameras and Communication Equipment. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 19-01 Resolution: CSD 19-01 CALL TO ORDER: President James "Stew" Stewart ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 19 Approve the Action Minutes of December 11, 2018 RECOMMENDATION: 19.1 That the Board of Directors approve the Action Minutes and Joint Meeting Action Minutes of December 11, 2018. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, January 22, 2019, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 7 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: SARDA 19-01 Resolution: SARDA 19-01 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Edwards, Rahn, Schwank, Stewart, Naggar SARDA PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. SARDA CONSENT CALENDAR NOTICE TO THE PUBLIC 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 Temecula Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 20 Approve the Action Minutes of December 11, 2018 RECOMMENDATION: 20.1 That the Board of Directors approve the action minutes of December 11, 2018. 21 Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2019 through June 30, 2020 (ROPS 19-20) RECOMMENDATION: 21.1 Adopt a resolution entitled: RESOLUTION NO. SARDA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2019 THROUGH JUNE 30, 2020 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 8 21.2 Adopt a resolution entitled: RESOLUTION NO. SARDA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT Next regular meeting: Tuesday, January 22, 2019, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 9 TEMECULA PUBLIC FINANCING AUTHORITY MEETING Next in Order: Ordinance: TPFA 19-01 Resolution: TPFA 19-01 CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: DIRECTORS: Edwards, Rahn, Schwank, Stewart, Naggar TPFA PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Authority Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. TPFA PUBLIC HEARING Any person may submit written comments to the Board of Directors before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 22 Adopt Resolutions Approving the Formation of Community Facilities District No. 19-01 (Municipal Services) for Cypress Ridge Development, Tri Pointe Homes, Inc. RECOMMENDATION: 22.1 That the Board of Directors adopt the following resolutions: RESOLUTION NO. TPFA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT, SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT, AND PROVIDING FOR THE FUTURE ANNEXATION OF TERRITORY TO THE DISTRICT 10 RESOLUTION NO. TPFA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) RESOLUTION NO. TPFA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN — COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) 22.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. TPFA 19 - AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTORS REPORTS TPFA ADJOURNMENT Next regular meeting: Tuesday, January 22, 2019, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 11 TEMECULA HOUSING AUTHORITY — No Meeting RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 23 Amend and Restate the City of Temecula Section 125 Cafeteria Plan RECOMMENDATION: 23.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING AND RESTATING THE CITY OF TEMECULA SECTION 125 CAFETERIA PLAN 24 Selection of 2019 City Council Committees RECOMMENDATION: 24.1 That the City Council consider and appoint members to serve on various City Council Committees for calendar year 2019. DEPARTMENTAL REPORTS 25 City Council Travel/Conference Report COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, January 22, 2019, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports and public Closed Session information) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — TemeculaCA.gov — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — TemeculaCA.qov — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694-6444. 12 CITY COUNCIL CONSENT Item No. 1 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 8, 2019 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 11, 2018 — 7:00 PM No Closed Session At 7:08 PM Mayor Rahn called the City Council meeting to order to consider the matters described on the agenda. CALL TO ORDER: Mayor Matt Rahn Prelude Music: Emily Schwank Invocation: Aaron Adams Flag Salute: Council Member James Stewart ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PUBLIC COMMENTS The following individuals addressed the City Council on non-agendized items: • Randon Lane • Chelsea Hart • Carla Thomas • Rebecca Farnback • Teri Biancardi CITY COUNCIL REPORTS NOTICE TO THE PUBLIC 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of November 27, 2018 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: Action Minutes 121118 1 2.1 That the City Council approve the action minutes of November 27, 2018. 3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve an Agreement with Questica LTD for a New Budgeting Software System - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 4.1 Approve the Software Subscription and Professional Services Agreement with Questica LTD in the amount of $102,571, for a New Budgeting Software System; 4.2 Authorize the City Manager to approve up to $12,000 in additional system/report customization; 4.3 Authorize the City Manager to approve contract change orders not to exceed $10,257, which is equal to 10% of the total contract amount. 5 Adopt the 2019 City of Temecula Emergency Operations Plan - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 5.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2019 CITY OF TEMECULA EMERGENCY OPERATIONS PLAN 6 Approve the Fourth Amendment to the Agreement with Temecula Valley Unified School District for Joint Use of a Portion of Temecula Elementary School - Approved Staff Recommendation (4-0, Edwards abstain); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Naggar, Stewart and Rahn with Edwards abstaining. Action Minutes 121118 2 RECOMMENDATION: 6.1 That the City Council approve the Fourth Amendment to the Agreement with the Temecula Valley Unified School District for Joint Use of a Portion of Temecula Elementary School. 7 Approve the Purchase of 50 Hewlett Packard (HP) Desktop Computers from Newport West Computers, Inc. for Lifecycle Replacement - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 7.1 That the City Council authorize the purchase of 50 HP desktop computers from Newport West Computers, Inc., in the amount of $39,452.33, including sales tax and shipping. 8 Approve the Second Amendment to the Disposition and Development Agreement between the City of Temecula, Successor Agency to the Temecula Redevelopment Agency, and Town Square Marketplace Old Town, LLC - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 8.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET 9 Approve a Modification to the Truax Hotel Project and Adopt Addendum to the Originally Prepared Subsequent Environmental Impact Report (SEIR) (Planning Application No. PA18-1463) - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 9.1 That the City Council adopt a resolution entitled: Action Minutes 121118 3 RESOLUTION NO. 18-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN ADDENDUM TO A PREVIOUSLY CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE PREVIOUSLY APPROVED TRUAX HOTEL PROJECT AND APPROVING A MODIFICATION APPLICATION FOR THE TRUAX HOTEL CONSISTING OF THE ADDITION OF THIRTY-FOUR GUEST ROOMS, VARIOUS EXTERIOR ELEVATION REVISIONS, AND THE ADDITION OF THREE - HUNDRED PARKING SPACES VIA AN AUTOMATED PARKING SYSTEM GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS 922-043- 002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020) 10 Approve Local Government Partnership Program Contract with South Coast Air Quality Management District, Agreement with ChargePoint, Inc., and Amendment to Fiscal Years 2019-23 Capital Improvement Program Budget for the Purchase and Installation of Electric Vehicle Charging Stations - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 10.1 Approve the AB2766/MSRC Local Government Partnership Program Contract with South Coast Air Quality Management District (SCAQMD), and authorize the City Manager to execute the agreement, as previously approved per Resolution No. 18-16, for regional Mobile Source Air Pollution Reduction Review Committee (MSRC) program funds, in the amount of $141,000; 10.2 Approve an Agreement with ChargePoint, Inc., for the Purchase and Installation of Electric Vehicle Charging Stations, in the amount of $120,000; 10.3 Approve an Amendment to Fiscal Years 2019-23 Capital Improvement Program Budget, for the Electric Vehicle Charging Stations project, to increase MSRC program funding to $141,000, and reduce AB2766 funds to $47,000, for a total project cost of $188,000. 11 Award a Construction Contract to L.C. Paving & Sealing, Inc., for the Pechanga Parkway Widening (From Via Gilberto to North Casino Drive), PW15-14 - Approved Staff Recommendation (4-0, Rahn abstain); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, and Stewart with Rahn abstaining. RECOMMENDATION: 11.1 Award a Construction Contract to L.C. Paving & Sealing, Inc., in the amount of $2,931,500.10, for the Pechanga Parkway Widening (From Via Gilberto to North Casino Drive), PW15-14; Action Minutes 121118 4 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $293,150, which is equal to 10% of the Contract amount; 11.3 Authorize payment of up to $146,575, which is equal to 5% of the cost of construction for the Multiple Species Habitat Conservation Plan (MHSCP). 12 Award a Construction Contract to Mamco, Inc. dba Alabbasi for Butterfield Stage Road — Phase III, PW 15-11 - Approved Staff Recommendation (3-0, Comerchero and Naggar abstain); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Edwards, Stewart and Rahn with Comerchero and Naggar abstaining. RECOMMENDATION: 12.1 Award a Construction Contract to Mamco, Inc. dba Alabbasi, in the amount of $6,015,872, for Butterfield Stage Road — Phase III, PW15-11; 12.2 Authorize the City Manager to approve Contract Change Orders not to exceed the contingency amount of $601,587.20, which is equal to 10% of the contract amount; RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 16 Presentations to City Council Member Jeff Comerchero for 25 Years of Service to the City of Temecula — Receive and file only. JOINT MEETING OF THE CITY COUNCIL AND TEMECULA COMMUNITY SERVICES DISTRICT 17 Accept the November 6, 2018 General Municipal Election Declaration of Results and Conduct Swearing -In Ceremony - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Stewart; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 17.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 18 Appoint the Mayor and Mayor Pro Tem for Calendar Year 2019 - Approved Staff Recommendation (5-0); Motion by Rahn, Second by Edwards; and electronic vote reflected approval by Edwards, Naggar, Schwank, Stewart and Rahn. For the 2019 calendar year, Mayor Pro Tempore Mike Naggar was selected as Mayor and Council Member James Stewart was selected as Mayor Pro Tempore. Action Minutes 121118 5 RECOMMENDATION: 18.1 Appoint the Mayor, effective January 1, 2019, to preside until December 31, 2019; 18.2 Appoint the Mayor Pro Tem, effective January 1, 2019, to hold this office until December 31, 2019. 19 Appoint the President and Vice -President of the Temecula Community Services District for Calendar Year 2019 - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Edwards; and electronic vote reflected approval by Edwards, Naggar, Schwank, Stewart and Rahn. For the 2019 calendar year, Council Member James Stewart was selected as TCSD President and Council Member Zak Schwank was selected as Vice -President. RECOMMENDATION: 19.1 Appoint the President, effective January 1, 2019, to preside until December 31, 2019; 19.2 Appoint the Vice -President, effective January 1, 2019, to hold this office until December 31, 2019. JOINT MEETING ADJOURNMENT COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 9:33 PM, the City Council meeting was formally adjourned to Tuesday, January 8, 2019, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 121118 6 Item No. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: January 8, 2019 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Fiscal Services Manager Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 19- 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. 19- 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 $13,005,786.22. 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 8th day of January, 2019. Michael S. Naggar, 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. 19- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of January, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 11/29/2018 TOTAL CHECK RUN: $ 1,378,558.51 12/06/2018 TOTAL CHECK RUN: 5,080,799.15 12/13/2018 TOTAL CHECK RUN: 5,463,176.48 11/29/2018 TOTAL PAYROLL RUN: 447,739.22 12/06/2018 TOTAL PAYROLL RUN: 94,012.74 12/13/2018 TOTAL PAYROLL RUN: 541,500.12 TOTAL LIST OF DEMANDS FOR 01/08/2019 COUNCIL MEETING: $ 13,005,786.22 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND 125 PEG PUBLIC EDUCATION & GOVERNMENT 140 COMMUNITY DEV BLOCK GRANT 165 AFFORDABLE HOUSING 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B STREET LIGHTS 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 195 TCSD SERVICE LEVEL R STREET ROAD MAINTENANCE 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 300 INSURANCE FUND 305 WORKERS' COMPENSATION 310 VEHICLE AND EQUIPMENT FUND 320 INFORMATION TECHNOLOGY 330 CENTRAL SERVICES 340 FACILITIES 380 SARDA DEBT SERVICE FUND 395 2011 FINANCING LEASE CIVIC CENTER & CRC 396 2018 FINANCING LEASE MRC 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 478 CFD 16-01 RORIPAUGH PHASE II 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 700 CERBT CALIFORNIA EE RETIREE-GASB45 701 PENSION RATE STABILIZATION FUND $ 1,157,193.55 72,624.64 2,390.29 16,200.93 999,950.21 442,692.42 74,672.49 2,293.51 2,800.00 13,708.24 10,082.67 2,506,326.56 43,174.15 2,517.79 29,999.78 397,761.78 16,330.82 33,439.03 3,931,823.38 512,421.72 138,951.50 166.71 166.41 166.71 166.71 166.71 166.71 361.04 2,995.99 2,164.38 2,588.82 440.14 2,300.91 1,256.72 950.94 8,256.92 181.35 560.62 215.42 6,265.55 2,785.97 1,162.19 573.71 1,646.29 132.31 7,169.02 2,987.95 9,926.40 15,869.58 248.04 439.28 9,782.20 2,490.19 127.59 661.48 14,770.08 217.64 9,709.00 1,404,941.00 $ 11,922,534.14 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND 140 COMMUNITY DEV BLOCK GRANT 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B STREET LIGHTS 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 300 INSURANCE FUND 305 WORKERS' COMPENSATION 320 INFORMATION TECHNOLOGY 330 CENTRAL SERVICES 340 FACILITIES 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 478 CFD 16-01 RORIPAUGH PHASE II 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTR 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 700 CERBT CALIFORNIA EE RETIREE-GASB45 $ 627,844.76 2,354.31 12,253.15 278,814.39 808.22 3,687.97 491.26 4,219.40 2,004.06 2,004.17 65,344.07 7,124.14 17,161.32 204.48 204.61 204.48 204.48 204.48 204.48 461.20 (9.43) 31.72 19.32 (7.54) 31.96 6.09 6.06 152.07 (9.32) (1.67) (8.79) 112.13 12.54 (2.97) (3.51) 14.83 (12.37) 107.73 49.25 139.52 255.04 (8.29) (3.34) 226.32 44.10 (9.59) (3.25) 325.64 (8.29) 56,006.69 1,083,252.08 TOTAL BY FUND: $ 13,005,786.22 apChkLst 11/29/2018 11:64:31AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor 5239 11/20/2018 006887 UNION BANK OF CALIFORNIA 000867 WESTtN HOTEL, THE 013338 APPLE STORE 000867 WESTIN HOTEL, THE 013338 APPLE STORE 5252 11/21/2018 007282 AMAZON COM INC, SYNCB/AMAZON 5253 11/21/2018 006887 UNION BANK OF CALIFORNIA 006952 PAYPAL 004905 LIEBERT, CASSIDYAND WHITMORE 5254 11/21(2018 006887 UNION BANK OF CALIFORNIA 013338 APPLE STORE 015354 FACEBOOK.COM 015354 FACEBOOK.COM 019070 BECKY'S BAKESHOP 020906 TANYA LOPEZ, DBA CREATIVE CATERING 005690 MICHELLE'S PLACE WOMENS BREAST, CANCER RESOURCE CENTER 016098 CULTIVATING GOOD INC, DBA E A T MARKETPLACE 016098 CULTIVATING GOOD INC, DBA E A T MARKETPLACE 014885 TEMECULA CATERING Description MH '18 MISAC CONFERENCE MH IPAD REPLACEMENT FOR CHILDREN'S MH LODGING: MISAC CONF' HESLIN MH IPAD: THEATER: STRAWN, BILL MH BANK FEE: INFO TECH MISC OFC SUPPLIESCITY MGR MISC OFC SUPPLIES: CITY MGR fitness center bins MISC OFC SUPPLIES: HR JH VERISIGN PAYFLOW PRO TRANSACTION JH ONLINE EDUCATION: HENNESSY. J GB SVC: VIDEO INSTAGRAM STORY. ECO DEV GB FACEBOOK PROMOTING CITY GOVERNMENT GB FACEBOOK PROMOTING CITY GOVERNMENT GB RFRSHMNTS: WOMEN'S YOUTH MENTORSHIP GB RFRSHMNTS: MANUFACTURER'S EVENT GB SUPPLIES' NEW LOCATION OPENING EVENT GB RFRSHMNTS: COLLEGE FAIR GB RFRSHMNTS: COLLEGE FAIR GB RFSHMNTS:BROKERS PGRM Amount Paid Check Total 155.16 431 79 139.30 431 79 20.84 61.72 17.99 216.24 15.74 88.60 70.00 1.99 9.00 3.94 800.00 249.69 50 00 3,570.94 116.50 870.40 1,178.88 311 89 158.60 5,672.46 Page:1 apChkLst 11/29/2018 11:54: 31 A M Final Check List CITY OF TEMECULA Page: 2 Bank union UNION BANK (Continued) Check # Date Vendor 5255 11/21/2018 006887 UNION BANK OF CALIFORNIA 004905 LIEBERT, CASSIDY AND WHITMORE 005244 SOCIETY FOR HUMAN RESOURCE MGM, THE SHR M STORE 008668 WES FLOWERS 021004 VISTA PRINT 001054 CALIF BUILDING OFFICIALS. (CALBO) 000203 JOBS AVAILABLE INC 020497 YOURMEMBERSHIP.COM 004905 LIEBERT CASSIDY AND WHITMORE 017091 1800FLOWERS COM 5256 11/23/2018 006887 UNION BANK OF CALIFORNIA 008668 WES FLOWERS 001264 COSTCO TEMECULA 491 021003 CVS PHARMACY 020790 ZAZZLE COM 007987 WALMART 000305 TARGET BANK BUS CARD SRVCS 015496 SAN DIEGO AIRPORT PARKING 017091 1800FLOWERS COM 000254 PRESS ENTERPRISE COMPANY INC 018925 FIREHOUSE SUBS 5257 11/30/2018 014685 COMPASS BANK 5258 11/23/2018 007282 AMAZON COM INC, SYNCS/AMAZON Description IG LEGISLATIVE UPDATE WEBINAR IG MEMBERSHIP RENEWAL: GARIBAY, IG SUNSHINE FUND IG WORKFORCE PLAN FOLDERS IG ADVERTISING: BUILDING OFFICIAL IG ADVERTISING: BUILDING OFFICIAL IG ADVERTISING; BUILDING OFFICIAL IG WEBINAR: PAYROLL SYSTEM CHANGES IG SUNSHINE FUND 10 BANK FEES: HUMAN RESOURCES IG BANK FEES: HUMAN RESOURCES 10 SUNSHINE FUND IG COSTCO EM SUMMIT SUPPLIES IG SUPPLIES: SEPTEMBER EOQ IG TOTES: TEAM PACE MEMBERS IG SUPPLIES: TEAM PACE MEMBERS IG SUPPLIES. PRINTER ORGANIZER IG PARKING: NEOGOV CONF. CAMERON, G IG SUNSHINE FUND IG SUBSCRIPTION: RISK MANAGEMENT IG RFRSHMNTS YEPP & SUMMIT HELPERS '11 REFUNDING 01/08 CERT PART DEBT SVC misc office supplies: mall pd misc office supplies: mall pd misc office supplies: mall pd MISC SUPPLIES: ECO DEV: WORKFORCI MISC OFFICE SUPPLIES: MALL PD Amount Paid Check Total 70, 00 192 00 61.43 377.88 328.00 479 00 15000 70 00 80 79 22.69 19.44 61 43 111.83 54 95 116.51 260.74 43.49 52.00 69.53 118.97 245.51 512.421.72 13.59 14.32 13 49 31.83 90.25 1,851 23 1.134.96 512,421 72 163 48 Page2 apChkLst Final Check List 11/29/2018 11:54:31AM CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 5259 11/19/2018 018858 FRONTIER CALIFORNIA INC OCT INTERNET SVCS-EOC 5261 11/13/2018 001212 SO CALIF GAS COMPANY OCT 098-255-9828 29119 MARGARITA RD 137,26 13726 56.72 56.72 5262 11/13/2018 001212 SO CALIF GAS COMPANY OCT 101-525-1560-6 27415 76.27 76 27 ENTERPRISE CIR 5263 11/13/2018 001212 SO CALIF GAS COMPANY OCT 117-188-6393-6 32131 S LOOP RD 87.98 87 98 5264 11/08/2018 001212 SO CALIF GAS COMPANY OCT 196-025-0344-3 42081 MAIN ST 8.33 8 33 5265 11/08/2018 001212 SO CALIF GAS COMPANY OCT 060-293-3315-7 28922 PUJOL ST 15.29 15.29 5266 11/08/2018 001212 SO CALIF GAS COMPANY OCT 101-525-0950 28818 PUJOL ST 17.14 17 14 5267 11/08/2018 001212 SO CALIF GAS COMPANY OCT 133-040-7373-0 43210 BUS PARK 19.92 19.92 DR 5268 11/08/2018 001212 SO CALIF GAS COMPANY OCT 028-025-1468-3 41375 MCCABE ST 20.85 20.85 5269 11/08/2018 001212 SO CALIF GAS COMPANY OCT 129-582-9784-3 43230 BUS PARK 30.13 30 13 DR 5270 11/08/2018 001212 SO CALIF GAS COMPANY OCT 026-671-2909-8 42051 MAIN ST 41.25 41.25 5271 11/08/2018 001212 SO CALIF GAS COMPANY OCT 181-383-8881-6 28314 MERCEDES 43.09 43.09 ST 5272 11/08/2018 001212 SO CALIF GAS COMPANY OCT 021-725-0775-4 41845 6TH ST 82.95 82 95 5273 11/08/2018 001212 SO CALIF GAS COMPANY OCT 129-535-4236-7 41000 MAIN ST 640.84 640.84 5274 11/08/2018 001212 SO CALIF GAS COMPANY OCT 091-024-9300-5 30875 RANCHO 1,171.16 1,171.16 VISTA 5275 11/09/2018 000537 SO CALIF EDISON OCT 2-31-936-3511 46488 PECHANGA 48.69 48.69 PKWY 5276 11/09/2018 000537 SO CALIF EDISON OCT 2-40-380-2424 40750 92 50 92 50 BUTTERFIELD STG Page3 apChkLst Final Check List 11/29/2018 11:54:31AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check iF Date Vendor 5277 11/09/2018 000537 SO CALIF EDISON 5278 11/09/2018 000537 SO CALIF EDISON Description Amount Palo Check Total OCT 2-29-657-2563 42902 194 28 194.28 BUTTERFIELD STG OCT 2-27-560-0625 32380 2,913.33 2913 33 DEERHOLLOW WAY 5279 11/13/2018 000537 SO CALIF EDISON OCT 2-41-072-5246 29429 TEM PKWY 118,835.16 118,835.18 5280 11/23/2018 000262 RANCHO CALIF WATER 3000112-REDHAWK PKWY 41,220 10 41,220.10 DISTRICT 5281 11/29/2018 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 899.07 899.07 SUPPORT 5282 11/29/2018 000194 I C MA RETIREMENT -PLAN ICMA-RC LOAN REPAYMENT PAYMENT 829.73 829.73 303355 5283 11/29/2018 000444 INSTATAX (EDD) STATE TAXES PAYMENT 21,478.59 21,478.59 5284 11/29/2018 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 72,49845 72,498.45 5285 11/29/2018 000389 NATION%MDE RETIREMENT OBRA- PROJECT RETIREMENT 2,659 70 2,659 70 SOLUTION PAYMENT 5288 11/29/2018 000246 PERS (EMPLOYEES' PERS RETIREMENT PAYMENT 100,924.04 100,924.04 RETIREMENT) 5287 11/29/2018 006887 UNION BANK OF CALIFORNIA 001282 KNORR SYSTEMS INC PT AQUATICS OPERATOR TRAINING: 790 00 006952 PAYPAL PT SUPPLIES: PLASMA DISPLAYS AT 596.77 1,386 77 IWTCM 5286 11/15/2018 016564 IMPACT TELECOM OCT 800 SERVICES: CIVIC CENTER 57.63 57.63 5289 11/13/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS -THEATRE 148 98 148.98 5290 11/20/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS -LIBRARY 8.49 8.49 5291 11/20/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS -LIBRARY 8.49 8 49 5292 11/20/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS -SKATE PARK 43.94 43.94 Page:4 apChkLst 11/29/2018 11: 54:31 A M Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 5293 11/20/2018 018858 FRONTIER CALIFORNIA INC 5294 11/20/2018 010276 TIME WARNER CABLE 5295 11/20/2018 010276 TIME WARNER CABLE 5296 11/20/2018 010276 TIME WARNER CABLE 5297 11/26/2018 010276 TIME WARNER CABLE 5298 11/26/2018 010276 TIME WARNER CABLE 5299 11/27/2018 010276 TIME WARNER CABLE 5300 11/29/2018 007282 AMAZON COM INC, SYNCB/AMAZON 192576 11/20/2018 020992 SCHARPEN FOUNDATION INC, THE 192577 11/29/2018 001517 AETNA BEHAVIORAL HEALTH LLC, DBAAETNA RESOURCES 192578 11/29/2018 003951 ALLAMERICAN ASPHALT 192579 11/29/2018 009374 ALLEGRO MUSICAL VENTURES, DBAALLEGRO PIANO SERVIC 192580 11/29/2018 006915 ALLIE'S PARTY EQUIPMENT RENTAL INC 192581 11/29/2018 013950 AQUA CHILL OF SAN DIEGO Description NOV INTERNET SVCS -STATION 95 NOV INTERNET SVCS -28922 PUJOL ST NOV INTERNET SVCS- 41845 6T1-1 ST NOV INTERNET SVCS -32380 DEER HOLLOW WAY NOV INTERNET SVCS -32364 OVERLAND TRL NOV INTERNET SVCS -40820 WINCHESTER RD NOV INTERNET SVCS -29119 MARGARITA RD MISC OFC SUPPLIES: TEMECULA PD MISC SUPPLIES:HUMAN SVCS PGRMS BOOKS/COLLECTIONS: U BRARY RELEASE SETTLEMENTAGRMNT PAYMENT DEC EMPLOYEE ASSISTANCE PRGM DEC EMPLOYEE ASSISTANCE PRGM:HR ASPHALT SUPPLIES: STREET MAINT ASPHALT SUPPLIES: PW STREET MAINT ASPHALT SUPPLIES: PW ST MAINT PIANO TUNING LIBRARY TABLE & CHAIR RENTALS-PECHANGA PUESKA NOV DRINKING WTR SYSTEM: CIV CTR NOV DRINKING WATER SVCS: INFO TEC NOV DRINKING WTR SYSTEM: JRC NOV DRINKING WTR SYSTEM: MPSC NOV WATER SVCS' POLICE STOREFROI NOV WATER SVCS POLICE STOREFROI NOV DRINKING WATER SYSTEM: PW Amount Paid Check Total 124 52 124 52 586.77 586 77 586.77 54 99 586.77 348.29 79.99 31.04 17 48 2,557.17 1,302.40 44.00 424.70 209 05 534.58 185.00 1,55028 183.71 28 28 28 28 34 75 28.28 56.57 28.28 586.77 586.77 586.77 54 99 586 77 348 29 128.51 2,557.17 1,346.40 1,16833 185.00 1,550 28 388 15 Page:5 apChkLst 11/29/2018 11:54:31AM Final Check List CITY OF TEMECULA Page: 6 Bank union UNION BANK (Continued) Check # Date Vendor 192582 11/29/2018 0'7149 B G P RECREATION INC 192583 11/29/2018 011954 BAKER AND TAYLOR INC 192584 11/29/2018 018101 BARN STAGE COMPANY INC, THE 92585 1'./29/2018 018408 BOB CALLAHAN'S POOL SERVICE 192586 11/29/2018 011348 BONCOR WATER SYSTEMS LLC, DBA SUNSHINE WATER SOFT 192587 11/29/2018 015834 BOYER WAYNE E, DBA MOTOPORT USA 192588 11/29/2018 003138 CAL MAT, DBA VULCAN MATERIALS CO 192589 11/29/2018 004248 CALIF DEPT OF JUSTICE-ACCTING 192590 11/29/2018 016688 CALIFORNIA WATERSHED ENG CORP, DBA CWE 192591 11/29/2018 004462 CDW LLC, DBA CDW GOVERNMENT LLC 192592 11/29/2018 000137 CHEVRON AND TEXACO, BUSINESS CARD SERVICES 192593 11/29/2018 019468 CHS EDUCATION FOUNDATION 192594 11/29/2018 020201 CIRCLE OF SAFE -T INC 192595 11/29/2018 000442 COMPUTER ALERT SYSTEMS Description TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY STTLMNT. CABARET AT THE MERC 11/25/18 NOV POOUFOUNTAIN MAINT: VARI LOCATIONS NOV POOUFOUNTAIN MAINT: VARI LOC/ NOV WATER TANK FILTER: STA 73 motor uniforms: temecula police ASPHALT SUPPLIES: STREET MAINT OCT FINGERPRINT SVCS: VARI DEPTS 6/1-9/30 DSGN SVCS: FLOOD CNTRL CHANNEL UPS REPLACEMENT:FOC & THEATER SMALL TOOLS & EQUIP:INFO TECH UPS REPLACEMENT:FOC & THEATER OCT 18 CITY VEHICLES FUEL: POLICE DEPT REFUND: SEC DEPOSIT TCC 11(16/18 SART EXAMS: TEMECULA POLICE SART EXAMS: TEMECULA POLICE SART EXAMS: TEMECULA POLICE CRC: SVC CALL :SECURITY EQUIP Amount Pald Check Total 3,465.00 1,386.00 4,709.25 9,560.25 30.39 131.36 49.75 122.13 10.27 993.49 1,337.39 756.00 756.00 950.00 1,100-00 2,05000 267 20 267.20 396.94 396.94 253.16 253.16 3,325.00 3,325.00 2,467.00 2,467.00 829.58 218 32 829.58 1,877 48 1,683.19 1,683.19 200.00 200.00 1,200.00 1,200.00 1,200.00 3,60000 88 05 88.05 Page.6 apChkLst 11129/2018 11: 54:31 A M Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check N Date Vendor 192596 11/29/2018 011922 CORELOGIC INC, DBA CORELOGIC SOLUTIONS 192597 11/29/2018 010747 CORNERSTONE CHRISTIAN, BAPTIST CHURCH 192598 11/29/2018 004329 COSTCO TEMECULA491 192599 11/29/2018 020105 CUMBERBATCH, JAMAL 192600 11/29/2018 003272 DAISY WHEEL RIBBON CO INC DBA, DAISY IT SUPPLIES SALES 192801 11/29/2018 014580 DANCE THEATRE COLLECTIVE, OF SOUTHERN CALIFORNIA 192802 11/29/2018 001393 DATA TICKET INC, DBA REVENUE EXPERTS 192803 11/29/2018 012600 DAVID EVANS & ASSOCIATES INC 192604 11/29/2018 020997 DIAMOND, JILL 192605 11/29/2018 004192 DOWNS ENERGY FUEL 192606 11/29/2018 018098 ELITE CLAIMS MANAGEMENT INC 192607 11/29/2018 011292 ENVIRONMENTAL SCIENCE ASSOC 192608 11/29/2018 015090 EVAPCO PRODUCTS INC, DBA DOLPHIN W4TERCARE 192609 11/29/2018 015330 FAIR HOUSING COUNCIL, OF RIVERSIDE COUNTY INC Description Amount Paid Check Total OCT PROP ID SFTWR: CODE ENFORCEMENT REFUND: SEC DEPOSIT CRC 11/18/18 SUPPLIES:SISTER CITY EVENT SUPPLIES:SISTER CITY EVENT SUPPLIES:CULTURALARTS EVENTS TCSD INSTRUCTOR EARNINGS PRINTER & PLOTTER SUPPLIES:GIS/CIV CTR STTLMNT DANCEXCHANGE 11/20/18 OCT CITATION PROCESSING: POLICE SEP ENG SVCS - CIP REFUND: LIBRARY SMARTPAY FUEL FOR CITY VEHICLES: PUBLIC WORKS FUEL FOR CITY VEHICLES: BLDG & SAFi FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: POLICE DEP DEC 18 3RD PARTY CLAIM ADMIN: WRKRS COM AUG CEQAANALYSIS:AFFORDABLE HOUSING OCT ADDENDUM EIR: UPTOWN JEFFER SEP CEQAANALYSIS:AFFORDABLE HOL NOV CIVIC CTR: CONDENSER H2O SYS MAINT OCT CDBG SUB -RECIPIENT: FAIR HOUSING SVC 32850 200 00 230.04 18 41 55.02 693.00 225.44 154.00 995 01 6,337.14 18.40 21283 228.07 157.62 50.38 1,250 00 8,260 60 270.00 220.16 618.30 328.50 200.00 301.47 693.00 225.44 154.00 995.01 8,337.14 18.40 648 90 1,250.00 8,750.78 618.30 1,137.90 1,137.90 Page:7 apChkLst Final Check List 11/29/2018 11:54:31AM CITY OF TEMECULA Page: 8 Bank union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192610 11/29/2018 009953 FEDERAL CLEANING OCT JANITORIAL SVCS'POLICE MALL 922 50 CONTRACTORS, DBA FEDERAL OFC BLDG SERVICES 192611 11/29/2018 000165 FEDERAL EXPRESS INC 192612 11/29/2018 010804 FEHR & PEERS 192613 11/29/2018 000166 FIRST AMERICAN TITLE COMPANY 192614 11/29/2018 020921 FLETCHER, COURTNEY NOV JANITORIAL SVCS:POLICE MALL OF 922.50 1,845.00 11/02 EXP MAIL SVCS. POLICE & CODE 100.39 ENF 11/13 EXP MAIL SVCS: CITY CLERK 89 01 189.40 OCT OLD TOWN PARKING 21,413.94 STUDY:PLANNING SEP OLD TOWN PARKING STUDY:PLANN 1,958 01 23 369.95 PRELIMINARY TITLE REPORT 750 00 750.00 REIMB:SUPPLIES. DEDICATION 207.02 207.02 CEREMONY 192615 11/29/2018 002982 FRANCHISE TAX BOARD KRACH, GREE - CASE# 603016103 48.43 48.43 192616 11/29/2018 018858 FRONTIER CALIFORNIA INC VOID 0.00 NOV INTERNET SVCS'SKATE PARK & SR 0.00 NOV INTERNET SVCS -41000 MAIN ST 0.00 192617 11/29/2018 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: CITY CLERK 83.50 INC 192618 11/29/2018 009608 GOLDEN VALLEY MUSIC SOCIETY, DBA CA CHAMBER ORCHESTRA MISC OFC SUPPLIES: CITY CLERK 36.02 MISC OFC SUPPLIES:CODE ENFORCEM 120.07 Table for Teen Room crc 439.95 MISC OFC SUPPLIES PW 66.39 OFFICE SUPPLIES: FOC -42.18 STTLMNT: CLASSICS AT THE MERC NOV'18 0.00 703.75 619 50 619 50 Page:8 apChkLst Final Check List 11/29/2018 11:54:31AM CITY OF TEMECULA Page: 8 Bank union UNION BANK (Continued) Check # Date Vendor 192619 11/29/2018 000186 HANKS HARDWARE INC 192620 11/29/2018 013749 HELIXSTORM INC 192621 11/29/2018 010210 HOME DEPOT SUPPLY INC; THE Description Amount Pald Check Total HARDWARE SUPPLIES - PREV & STA 140.22 95 MAINT SUPPLIES: CRC 5.92 MAINT SUPPLIES: AQUATICS 13 04 MAINT SUPPLIES: VARI PARKS 59.79 MAINT SUPPLIES: CRC 469.77 MAINT SUPPLIES: CIVIC CTR 130.28 MAINT SUPPLIES: CIVIC CTR 52.12 MAINT SUPPLIES: STREETS 66 23 Misc. small tools & equip: pw traffic 85.02 MAINT SUPPLIES: CRC 54 06 MAINT SUPPLIES: CRC 14.12 MAINTENANCE SUPPLIES. VARIOUS PAF 429.90 MAINTENANCE SUPPLIES: VARIOUS PAF 33 28 MAINT SUPPLIES: CRC 66.28 MAINT SUPPLIES: CIVIC CTR 65 14 MAINT SUPPLIES: VARI PARKS 167.16 MAINT SUPPLIES: VARI PARKS 92.09 MAINT SUPPLIES: STREET MAINT 318.86 MAINT SUPPLIES: CHILDREN'S MUSEUM 83.44 MAINT SUPPLIES: CMC CTR 34.30 MAINT SUPPLIES: CIVIC CTR 25.51 HARDWARE SUPPLIES - STA 95 14.53 MAINT SUPPLIES: OLD TOWN & GARAGE 15.49 MAINT SUPPLIES: TVM 10 41 HARDWARE SUPPLIES STA 12 34.19 MAINT SUPPLIES: CIVIC CTR 4 99 MAINT SUPPLIES: CIVIC CTR 43.35 MAINT SUPPLIES: CMC CTR 103.30 MAINT SUPPLIES: CRC 107 88 MAINT SUPPLIES: CRC 24.99 MAINT SUPPLIES: CRC 14.83 expansion of storage area network:info IT INFRASTRUCTURE SUPPORT:INFO TE HPE SUPPORT RENEVVAL:LIBRARY SER' HARD DRIVES FOR BLADES:INFO TECH CHILDREN'S MUSEUM' VARIOUS SUPPLIES CHILDREN'S MUSEUM: VARIOUS SUPPL SMALL TOOLS CIVIC CENTER 117,624.64 3,150.00 2,622.00 6,020.64 818 45 488 02 2,780 49 129,417 28 223.89 1,530.36 192622 11/29/2018 017334 HOUSE OF AUTOMATION INC OT GARAGE: PM GARAGE ROLL -UP 298 00 DOORS BAY DOORS REPAIR- STA 73 255.00 553.00 192623 11/29/2018 021002 J5 INFRASTRUCTURE REFUND PA18-0772APN 921-720-001 1,436.50 1,436.50 PARTNERS LLC Page9 apChkLst Final Check List 1112912018 11:54:31AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192624 11/29/2018 000820 K R W & ASSOCIATES OCT ENG PLAN CK & REVIEW PW 192625 11/29/2018 001091 KEYSER MARSTON AUG AFFORDABLE HOUSING ASSOCIATES INC ANALYSIS:COM DEV 192826 11/29/2018 017118 KRACH BREE 8, DBA TEMECULA TROPHY & DES 192627 11/29/2018 004905 LIEBERT, CASSIDYAND WHITMORE 427000 4,27000 2,750.63 2,75053 BROKERS RECOGNITION AWARDS: 193.71 ECO DEV CREDIT. TAX WITHHOLDING CASE 60301 -48.43 145 28 OCT HR LEGAL SVCS FOR 703 00 TE060-0000' OCT HR LEGAL SVCS FOR TE060-00016 2,225.00 OCT HR LEGAL SVCS FOR TE060-00011 3,058.00 5,986 00 192628 11/29/2018 011145 LODATO JILL CHRISTINE, DBA TCSD INSTRUCTOR EARNINGS 1,519.00 THE PARTY MOM TCSD INSTRUCTOR EARNINGS 2,499 00 192629 11/29/2018 015733 LOS ANGELES, COUNTY OF, CALIBRATION SVCS: TEM POLICE 100 00 AGRICULTURAL COMMISSIONER 192630 11/29/2018 013982 M C I COMM SERVICE NOV XXX -0346 GENERAL USAGE 33.99 NOV XXX -0714 GEN USAGE PD MALL AL 192631 11/29/2018 014365 MAILFINANCE INC 12/14-03/13 POSTAGE METER:LEASE 192632 11/29/2018 003782 MAIN STREET SIGNS, DBA ATHACO INC 4,018.00 100.00 35.54 69.53 1,224.94 1,224.94 MISC SIGNAGE: PARK & RIDE FACILITY 1,163.05 VARIOUS PARK SIGNS & SUPPLIES SIGN REPLACEMENT SUPPLIES:PW SIGN REPLACEMENT SUPPLIES:PW STF SIGN REPLACEMENT SUPPLIES:PW VARIOUS PARK SIGNS & SUPPLIES 192633 11/29/2018 013826 MALL MEDIA INC SUPPLIES HOLIDAY EVENTS 310 32 5,831 86 1,619.34 68.82 470.55 9,463.94 273,52 273.52 Page:10 apChkLst 11/29/2018 11:54:31AM Final Check List CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check # Date Vendor 192634 11/29/2018 015955 METRO FIRE & SAFETY INC 192635 11/29/2018 016445 MKB PRINTING & PROMOTIONAL INC, DBA MINUTEMAN PRESS 192636 11/29/2018 010990 MOORE IACOFANO GOLTSMAN INC, DBA M I G 192637 1'(29/2018 004040 MORAMARCO ANTHONY J, DBA BIGFOOT GRAPHICS 192638 V /29/2018 000209 NUTRIEN AG SOLUTIONS INC. DBA CROP PRODUCTION SRVCS 192639 11/29/2018 017148 OAKLEY SALES CORP 192640 11/29/2018 002105 OLD TOWN TIRE AND SERVICE 192641 11/29/2018 002105 OLD TOWN TIRE AND SERVICE 192642 11/29/2018 002105 OLD TOWN TIRE AND SERVICE 192643 11/29/2018 002105 OLD TOWN TIRE AND SERVICE 192644 11/29/2018 002734 PVP COMMUNICATIONS INC Description VAR FACILITIES: LIBRARY FIRE EXT INSPECTION. TCC FIRE EXT INSPECTION: CHILDREN'S MU FIRE EXT INSPECTION: MPSC FIRE EXT INSPECTION: TVM FIRE EXT INSPECTION: CRC FIRE EXT INSPECTION: PARKING GARAC FIRE EXT INSPECTION: TVE2 FIRE EXT INSPECTION: FOC FIRE EXT INSPECTION: WEST WING FIRE EXT INSPECTION: MRC FIRE EXT INSPECTION: THEATER FIRE EXT INSPECTION: CIVIC CTR PBSP:REPLACE HYDROTESTAMEREX( Business cards: Luke Watson OCT CONTRACT PLANNING SVCS: PLANNING TCSD INSTRUCTOR EARNINGS PARK MAINTENANCE: CHAINSAW CHAIN CREDIT: BALANCE ON ACCOUNT MOTOR GEAR AND ACCESSORIES: POLICE MOTOR GEAR AND ACCESSORIES: POLI CITY VEHICLE MAINT SVCS:BLDG & SAFETY CITY VEHICLE MAINT SVCS:PARKS/FACILITIES CITY VEHICLE MAINT SVCS:PARKS/FACI CITY VEHICLE MAINT SVCS:CODE ENF CITY VEHICLE MAINT SVCS POLICE MOTOR HELMET REPAIR:TEMCULA POLICE Amount Paid Check Total 8100 27.65 27.65 2765 35.55 144.20 161.01 92.85 61.25 23.70 61.25 82.95 193 55 395.00 142.40 540 00 56.00 445.86 -338 95 253.21 87.09 446.65 153.26 382.51 346.55 151 59 1,415.26 142.40 540.00 56.00 106.91 340.30 446.65 535.77 346.55 151.59 44.10 44 10 Page:11 apChkLst Final Check List 11129/2018 11:54:31AM CITY OF TEMECULA Page: 12 Bank : union UNION BANK (Continued) Check # Date Vendor 192645 11/29/2018 014379 PROFESSIONAL IMAGE ADVERTISING, DBA EXTREME SIGNSGRAPHICS Description Amount Pald Check Total BANNERS FOR CAREER FAIRS: HR 267.08 267 08 192648 11/29/2018 019308 PUBLIC RETIREMENT OCT 18 TO SEPT 19 SUBSCR:HR 250.00 250.00 JOURNAL, THE 192647 11/29/2018 010652 QUALITY CODE PUBLISHING MUNICIPAL CODE SERVICES: CITY 1,962 30 1,962 30 CLERK 192648 11/29/2018 014494 R & R CONTROLS, INC EPA ID/HAZARDOUS WASTE 612.00 61200 MANIFEST FEES 192649 11/29/2018 004457 R J NOBLE COMPANY RELEASE RETENTION:PAVEMENT 62,560.88 62,560.88 REHAB 1726 192650 11/29/2018 009066 RADAR SHOP INC, THE LIDAR SERVICE REPAIR: TEMECULA 109.00 109.00 PD 192851 11/29/2018 000947 RANCHO REPROGRAPHICS REPROGRAPHIC SRVCS:CRC POOL, 535.29 535 29 PW18-02 192652 11129/2018 020429 REMOTE SATELLITE SYSTEMS DEC '18 SATELLITE PHONE SRVS:EOC 280.00 280 00 INTL 192653 11/29/2018 000418 RIVERSIDE CO CLERK & RECORDER 192654 11/29/2018 012251 ROTH, DONALD J EXEMPTION NTC:CRC POOL ENHANCEMENTS 50.00 50.00 TCSD INSTRUCTOR EARNINGS 378.00 TCSD INSTRUCTOR EARNINGS 126.00 504.00 192655 11(29/2018 000278 SAN DIEGO UNION -TRIBUNE OCT PUBLIC NTCS:CITY 1,183 72 1,183.72 CLERK/PLNG/PW 192658 11/29/2018 009980 SANBORN GWYNETH A, CO COUNTRY LIVEI ® THE MERC 11/15/18 426 00 426.00 TEMECULA MUSIC ACADEMY 192657 11/29/2018 019817 SARKIS CONCEPTS INC, DBA REFRESHMENTS:SANTA ELEC 2,017,11 2,017 11 PAT & OSCARS - TEME PARADE 11/30 192658 11/29/2018 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SRVCS:PUESKA MTN 150.00 150.00 PRESTON DAY'18 192659 11/29/2018 009213 SHERRY BERRY MUSIC JAZZ © THE MERC 11/15/18 507.00 507.00 192660 11/29/2018 009746 SIGNS BY TOMORROW CHRISTMAS DECORATING CONTEST 153.43 153 43 SIGN Page:12 apChkLst 11/29/2018 11:54:31AM Final Check List CITY OF TEMECULA Page: 13 Bank union UNION BANK (Continued) Check # Date Vendor 192661 11/29/2018 019362 SOFTCHOICE CORPORATION 192662 11/29/2018 002503 SOUTH COAST AIR QUALITY, MANAGEMENT DISTRICT 192663 11/29/2018 000519 SOUTH COUNTY PEST CONTROL INC 192664 11/29/2018 000293 STADIUM PIZZA INC 192665 11/29/2018 008337 STAPLES BUSINESS CREDIT 192666 11/29/2018 020999 STAYMATES, ROBERTA 192667 11/29/2018 015648 STEIN ANDREW, DBA PARKINK 192668 11/29/2018 006145 STENO SOLUTIONS TRANSCRIPTION, SRVCS INC 192669 11/29/2018 016262 STEVE ADAMIAK GOLF INSTRUCTION, AKA STEVEN L ADAMIAK 192670 11/29/2018 013387 SWEEPING UNLIMITED INC 192671 11/29/2018 010679 TEMECULAAUTO REPAIR/RADIATOR, DBAAUTO ENTERPRISE INC 192672 11/29/2018 014552 TEMECULA CARRIAGE COMPANY, LLC 192673 11/29/2018 009948 TEMECULA PERFORMING ARTS CO Description Amount Paid Check Total MICROSOFT ENT LICENSE RENEWALINFO TECH MICROSOFT ENT LICENSE RENEWAL:IN FY 18/19 OPERATING FEES: FOC FY 18/19 EMISSIONS FEES. FOC FY 18/19 OPERATING FEES: STN 84 FY 18/19 EMISSIONS FEES STN 84 PEST CONTROL SRVCS:STA 95 PEST CONTROL. SRVCS:PBSP PEST CONTROL SRVCS:DUCK POND REFRESHMENTS:ECON DEV WORKFORCE 11/14 OFFICE SUPPLIES: THEATER OFFICE SUPPLIES: NPDES REFUND: LIBRARY SMARTPAY MISC SUPPLIES VARIOUS TCSD EVENTS OCT TRANSCRIPTION SRVCS:TEMECULA POLICE TCSD INSTRUCTOR EARNINGS NOV SWEEPING SRVCS:PRKG STRUCTURE VEH MAINTENANCE & REPAIR TCSD HORSE & CARRIAGE:O.T WINTER FEST. 11/23 CARRIAGE RIDES:CHRISTMAS EVENT, T "THE ADDAMS FAMILY" TCKT SALES 11/9-18 192674 11/29/2018 000919 TEMECULA VALLEY UNIFIED REFUND: SEC DEPOSIT CONF CTR SCHOOL, DISTRICT 11/14/18 79,978.42 41,184.00 406,79 131 79 120.26 138 38 80.00 70.00 49 00 70 24 88.44 23.20 26 99 1,946.21 487 53 420 00 540.00 468.07 850 00 250.00 16,574.32 121,162.42 797 22 199 00 70 24 111.64 26 99 1.946.21 487.53 420 00 540.00 468.07 1,100.00 16,574.32 200.00 200.00 Page:13 apChkLst Final Check List 11/29/2018 11:54:31AM CITY OF TEMECULA Page: 14 Bank union UNION BANK (Continued) Check # Date Vendor 192675 11/29/2018 003849 TERRYBERRY COMPANY Description SERVICE AWARDS: HR/SR SERVICE AWARDS: HR/IG SERVICE AWARDS: HR/CS SERVICE AWARDS: HR/LW SERVICE AWARDS: HR/JP SERVICE AWARDS: HR/JW SERVICE AWARDS HR/KH SERVICE AWARDS: HR/BR SERVICE AWARDS: HR/RC SERVICE AWARDS HR/TP SERVICE AWARDS HR/CV SERVICE AWARDS HR/AO SERVICE AWARDS HR/SF SERVICE AWARDS HR/MS SERVICE AWARDS HR/JS SERVICE AWARDS. HR/LW SERVICE AWARDS: HR/BO SERVICE AWARDS: HR/MR SERVICE AWARDS: HR/MB SERVICE AWARDS: HR/CC SERVICE PIN AWARDS HR Amount Paid Check Total 85 36 60 17 102.07 111 42 86 04 136.77 65.00 60 17 115.66 111.42 86 04 86.04 86.04 98.85 110.25 120 70 132.81 121.92 60.17 118.99 3,262.81 5,218.70 192676 11/29/2018 019549 THORESON, KATRINA REIMB: SUPPLIES FOR SISTER CITY 55.40 55 40 VISIT 192677 11/29/2018 017579 U S HEALTHWORKS MEDICAL. MEDICAL SCREENINGS: HR 55.00 GROUP PC MEDICAL SCREENINGS HR 31.00 MEDICAL SCREENINGS: HR 86.00 172.00 192678 11/29/2018 019389 US TRANSPORT & LOGISTICS TO/MNG SRVCS TEMECULA POLICE 500 00 INC, DBA DJ'S TOWING TOWING SRVCS: TEMECULA POLICE 500 00 1,000.00 192679 11/29/2018 020998 VEST, TESSA REFUND: LIBRARY SMARTPAY 25.99 25 99 192680 11/29/2018 002658 VOLLMUTH, MARY REIMB:TEAM PACE EVENT SUPPLIES 190.00 190 00 192681 11/29/2018 001890 VORTEX INDUSTRIES INC 192682 11/29/2018 020178 VP IMAGING, INC, DBA. DOCUNAV SOLUTIONS VARIOUS DOOR REPAIRS: CIVIC 761.40 761.40 CENTER PROF SRVCS:INFO TECH 1,200 00 1,200.00 192683 11/29/2018 003730 WEST COAST ARBORISTS INC 9/1-15/18 TREE MAINT:CITYIMDE R -O -W 5,133.40 5,133.40 Page:14 apChkLst Final Check List 11/29/2018 11:54:31AM CITY OF TEMECULA Page: 15 Bank . union UNION BANK (Continued) Check # Date Vendor Description 192684 11/29/2013 013286 WEST SAFETY SERVICES, INC. OCT ENTERPRISE 911 SVC. IT NOV ENTERPRISE 911 SVC: IT 192685 11/29/2018 000341 WLLDAN ASSOCIATES INC OCT TRAFENG SRVCS:REDHAWKNAIL RANCH Amount Pald Check Total 450.00 375.00 825.00 3,120.00 3,120.00 Grand total for UNION BANK: 1,378,558.51 Page:15 apChkLst Final Check List 11/29/2018 11:54:31AM CITY OF TEMECULA Page: 16 159 checks In this report. Grand Total All Checks. 1,378.558 51 Page:16 apChkLst Final Check List 12/06/2018 10:55:OOAM CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor Description Amount Paid Check Total 5301 11/30/2018 014685 COMPASS BANK '18 MARGARITA REC CENTER DEBT 138,951.50 138,951.50 SRVC 5302 12/06/2018 000444 INSTATAX (EDD) STATE TAXES PAYMENT 5,483.08 5,483.08 5303 12/06/2018 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 15,822.07 15,822.07 5304 12/06/2018 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 3,150.00 3,150.00 SOLUTION 5305 12/06/2018 007282 AMAZON COM INC, MISC OFC SUPPLIES: CITY MGR 69.19 SYNCB/AMAZON 5306 11/29/2018 005460 U S BANK 5307 11/16/2018 000537 SO CALIF EDISON 5308 11/19/2018 000537 SO CALIF EDISON 5309 11/19/2018 000537 SO CALIF EDISON 5310 11/19/2018 000537 SO CALIF EDISON 5311 11/19/2018 000537 SO CALIF EDISON 5312 11/19/2018 000537 SO CALIF EDISON BOOKS/COLLECTIONS:LIBRARY 59.26 BOOKS/COLLECTIONS:LIBRARY -13.90 BOOKS/COLLECTIONS:LIBRARY 39.51 BOOKS/COLLECTIONS:LIBRARY 54.01 BOOKS/COLLECTIONS:LIBRARY 13.26 MISC SUPPLIES:HUMAN SVCS PRGM 111.82 SUPPLIES:TVM &ACE 56.54 BOOKS/COLLECTIONS:LIBRARY 114.97 BOOKS/COLLECTIONS:LIBRARY 291.18 BOOKS/COLLECTIONS:LIBRARY 13.40 MISC SUPPLIES:HUMAN SVCS PRGM 77.60 MISC SUPPLIES:HUMAN SVCS PRGM 84.55 MISC SUPPLIES:HUMAN SVCS PRGM 7.22 City fitness center items 86.14 1,064.75 FY18/19 CONTRIBUTION 1,404,941.00 1,404,941.00 PARS/PENSION TRUST NOV 2-30-608-9384 28582 HARVESTON 372.60 372.60 DR NOV 2-29-223-9571 30395 MURRIETA 51.96 51.96 HOT SPG NOV 2-33-237-4818 30499 RANCHO CAL 91.96 91.96 RD NOV 2-31-419-2659 26706 YNEZ RD 124.92 124.92 NOV 2-29-974-7568 26953 YNEZ RD 126.82 126.82 NOV 2-29-974-7899 26953 YNEZ RD 215.33 215.33 Page:1 apChkLst Final Check List 12/06/2018 10:55:OOAM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 5313 11/19/2018 000537 SO CALIF EDISON NOV 2-31-693-9784 26036 YNEZ RD 5314 11/19/2018 000537 SO CALIF EDISON NOV 2-28-171-2620 40820 WINCHESTER RD 5315 11/19/2018 000537 SO CALIF EDISON NOV 2-26-887-0789 40233 VILLAGE RD 5316 11/19/2018 000537 SO CALIF EDISON NOV 2-00-397-5059 33340 CAMINO PIEDRA 5317 12/06/2018 007282 AMAZON COM INC, SPACE HEATER: INFO TECH SYNCB/AMAZON 5318 12/03/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS:SKATE PARK & SR CENTER 5319 12/03/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS:41000 MAIN ST 2,540.06 2,540.06 5320 12/03/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS -41000 MAIN ST 5,083.41 5,083.41 375.17 375.17 420.59 420.59 1,566.12 1,566.12 9,410.37 9,410.37 30.69 30.69 206.75 206.75 5321 11/26/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS -EXTERNAL DMV 109.84 109.84 LINE 5322 11/26/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS- CHILDREN'S 128.98 128.98 MUSEUM 5323 12/03/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS -SENIOR 148.98 148.98 CENTER 5324 12/03/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS -CITY HALL 293.98 293.98 5325 11/28/2018 010276 TIME WARNER CABLE NOV INTERNET SVCS -41000 MAIN ST 3,430.62 3,430.62 5326 11/30/2018 010276 TIME WARNER CABLE NOV INTERNET SVCS -32211 WOLF 186.07 186.07 VALLEY RD 5327 11/29/2018 000262 RANCHO CALIF WATER DISTRICT 5328 11/26/2018 000537 SO CALIF EDISON 5329 11/26/2018 000537 SO CALIF EDISON 3002577-29119 MARGARITA RD 15,821.89 15,821.89 NOV 2-30-099-3847 29721 RYECREST 23.95 23.95 NOV 2-28-331-4847 32805 PAUBA RD 87.52 87.52 Page2 apChkLst Final Check List 12/0612018 10:55:OOAM CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 5330 11/26/2018 000537 SO CALIF EDISON NOV 2-30-296-9522 46679 PRIMROSE AVE 5331 11/27/2018 000537 SO CALIF EDISON NOV 2-40-576-0232 44173 BUTTERFIELD STG 5332 11/27/2018 000537 SO CALIF EDISON NOV 2-41-072-5394 29429 TEMECULA PKWY 5333 11/27/2018 000537 SO CALIF EDISON NOV 2-33-357-5785 44747 REDHAWK PKWY 5334 11/27/2018 001212 SO CALIF GAS COMPANY OCT 091-085-1632-0 41951 MORAGA RD 298.89 298.89 5335 12/06/2018 007282 AMAZON COM INC, MISC OFC SUPPLIES:FINANCE 127.52 127.52 662.99 662.99 19.69 19.69 31.16 31.16 35.92 35.92 SYNCB/AMAZON 192686 11/29/2018 002185 U.S. POSTAL SERVICE 192687 12/06/2018 004973 ABACHERLI, LINDI POSTAGE:TCSD W/S '19 ACTIVITY 8,270.21 8,270.21 GUIDE TCSD INSTRUCTOR EARNINGS 210.00 210.00 192688 12/06/2018 014170 AHERN RENTALS INC DUCK POND: BOOM LIFT RENTAL 192689 12/06/2018 003951 ALL AMERICAN ASPHALT 1,453.41 1,453.41 ASPHALT SUPPLIES: STREET MAINT 465.70 ASPHALT MAINT: STREET MAINT 192690 12/06/2018 006915 ALLIES PARTY EQUIPMENT, RENTAL EQUIP:TEM PKWY RENTAL INC DEDICATION 537.04 1,002.74 1,647.54 1,647.54 192691 12/06/2018 009787 ALTEC INDUSTRIES INC BOOM TRUCK: ANNUAL INSPECTION 503.50 503.50 192692 12/06/2018 013015 ALWAYS RELIABLE backflow testings: var parks & medians 108.00 BACKFLOW, AKA NANETTE SEMAN BACKFLOW REPAIRS: FACILITIES 440.00 548.00 192693 12/06/2018 005037 AMERICAN ASPHALT SOUTH ENG SVCS: SLURRY SEAL: PW17-03 52,904.65 INC CITYWIDE SLURRY PRGRM: PW18-09 999,950.21 1,052,854.86 192694 12/06/2018 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SVCS:TEMECULA 165.00 AFN POLICE PHLEBOTOMY SRVCS:TEMECULA POLIC 470.00 635.00 192695 12/06/2018 000936 AMERICAN RED CROSS, LIFEGUARD TRAINING 72.00 72.00 HEALTH & SAFETY SERVICES ITEMS:AQUATICS Page:3 apChkLst 12/06/2018 10:55:OOAM Final Check List CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor 192696 12/06/2018 018941 AZTEC LANDSCAPING INC 192697 12/06/2018 011954 BAKER AND TAYLOR INC 192698 12/06/2018 006254 BALLET FOLKLORICO, AKA LORENA HANCOCK 192699 12/06/2018 013482 BAS SECURITY 192700 12/06/2018 004262 BIO TOX LABORATORIES 192701 12/06/2018 017145 BOARD, MARGO 192702 12/06/2018 004248 CALIF DEPT OF JUSTICE-ACCTING 192703 12/06/2018 001610 CALTRANS, DEPT OF TRANSPORTATION 192704 12/06/2018 004228 CAMERON WELDING SUPPLY 192705 12/06/2018 021011 CAMERON, EUGENIA 192706 12/06/2018 004462 CDW LLC, DBA CDW GOVERNMENT LLC 192707 12/06/2018 004329 COSTCO TEMECULA 491 192708 12/06/2018 014501 COUNTYWIDE MECHANICAL SYSTEMS Description Amount Paid Check Total SEP POWER WASHING: VAR PARKS OCT POWER WASHING: VAR PARKS AUG POWER WASHING: VAR PARKS JUL POWER WASHING: VAR PARKS BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS SECURITY SVCS:TCSD FACILITIES SECURITY SVCS: CITY FACILITIES TOXICOLOGY & LAB SVCS:TEMECULA PD TOXICOLOGY & LAB SVCS:TEMECULA P TOXICOLOGY & LAB SVCS:TEMECULA P REIMB: PERMIT TECH COURSE 10/23 OCT BLOOD & ALCOHOL ANALYSIS:TEM PD CONSTRUCTION COOP AGREEMENT WELDING SUPPLIES:PARK MAINT WELDING SUPPLIES:PARK MAINT REIMB: RECOGNITION PRGM MISC SMALL TOOLS & EQUIP:INFO TECH MISC SMALL TOOLS & EQUIP:INFO TECF SUPPLIES:VARIOUS SPECIAL EVENTS SUPPLIES:VARIOUS SPECIAL EVENTS SUPPLIES:INCLUSIVE SVCS CIVIC CENTER: MISC REPAIRS CIVIC CENTER: MISC REPAIRS CIVIC CENTER: MISC REPAIRS 1,072.50 1,072.50 1,072.50 1,072.50 28.71 10.72 120.99 37.18 175.50 117.60 249.90 73.50 2,064.00 1,652.40 1,402.00 1,267.00 904.00 288.00 665.00 707.68 25.47 25.47 160.90 184.45 48.43 389.28 282.62 534.04 266.16 1,580.06 4,290.00 373.10 441.00 3,716.40 3,573.00 288.00 665.00 707.68 50.94 160.90 232.88 1,205.94 604.39 2,450.61 Page.4 apChkLst 12/06/2018 10:55:OOAM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 192709 12/06/2018 010650 CRAFTSMEN PLUMBING & HVAC INC 192710 12/06/2018 020436 CRONBERG, RICHARD N 192711 12/06/2018 002990 DAVID TURCH AND ASSOCIATES 192712 12/06/2018 020977 DEBRA GAYLE SUT, DBA DEBRA GAYLE DESIGNS 192713 12/06/2018 008943 DEPT OF GENERAL SERVICES (DGS) 192714 12/06/2018 013812 DFIT SUBS LLC, DBA JERSEY MIKES 192715 12/06/2018 003945 DIAMOND ENVIRONMENTAL SRVCS 192716 12/06/2018 019720 DIVERSIFIED WATERSCAPES INC 192717 12/06/2018 004192 DOWNS ENERGY FUEL 192718 12/06/2018 020613 EAGLE PAVING COMPANY INC, DBA TORO ENGINEERING Description Amount Paid Check Total HARVESTON LAKE PARK: INSTALL FOUNTAIN CRC: CLEAR/REPAIR DRAIN Butterfield Stg Pk: Install light pole TCSD INSTRUCTOR EARNINGS NOV '18 FEDERAL LOBBYING SVCS Recognition:RL Plein Air Competition CASE FILINGS: HARDING, SHAREEN RFRSHMNTS: HIGH HOPES PORTABLE RESTROOM RENTAL: VAIL RANCH PORTABLE RESTROOM RENTAL: RIVERI PORTABLE RESTROOM RENTAL: LONG PORTABLE RESTROOM RENTAL: LA SER NOV VVIR QUALITY MAINT: VARI PARKS FUEL FOR CITY VEHICLES: PARKS MAINT. FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: BLDG INSPEI FUEL FOR CITY VEHICLES: INFO TECH FUEL FOR CITY VEHICLES: STREETS FUEL FOR CITY VEHICLES: LAND DEV/NI FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES. TCSD OLD TOWN SIDEWALKS: PW17-04 2,207.04 214.48 3,500.00 280.00 3,500.00 50.00 100.00 645.98 55.88 55.88 55.88 55.88 6,766.00 695.29 100.24 289.90 48.47 660.77 129.75 281.46 370.12 141,681.22 OLD TOWN SIDEWALKS: PW17-04 37,975.96 OLD TOWN SIDEWALKS: PW17-04 5,921.52 280.00 3,500.00 50.00 100.00 645.98 223.52 6,766.00 2,576.00 65,834.90 245,492.08 Page:5 apChkLst Final Check List 12/06/2018 10:55:OOAM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192719 12/06/2018 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS 52.50 AILEEN TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 192720 12/06/2018 020363 ELKS OF THE USA REFUND: SECURITY DEP CRC 12/1/18 162.75 227.50 299.25 220.50 224.00 63.00 110.25 189.00 220.50 189.00 315.00 2,273.25 150.00 150.00 192721 12/06/2018 011202 EMH SPORTS USA INC TCSD INSTRUCTOR EARNINGS 140.00 TCSD INSTRUCTOR EARNINGS 638.40 778.40 192722 12/06/2018 015966 ERGO SOLUTION INC ERGONOMIC EVAL & REPORT: 250.00 250.00 WOOSLEY, LAUREN 192724 12/06/2018 001056 EXCEL LANDSCAPE INC 192725 12/06/2018 000165 FEDERAL EXPRESS INC 192726 12/06/2018 002982 FRANCHISE TAX BOARD 192727 12/06/2018 016184 FUN EXPRESS LLC, SUBSIDIARY OF ORIENTAL TR NOV LDSCP MAINT: LEVEL C SLOPES NOV LANDSCAPE MAINT SRVC: MEDIAN NOV LDSCP MAINT SVCS: FACILITIES NOV LDSCP MAINT: LEVEL C SLOPES CROWNE HILL SLOPE: IRRIGATION REP/ VAIL RANCH SLOPE: IRRIGATION REPAIF IRRIGATION REPAIR: VAR LDSCP MEDIA PARKING GARAGE: IRRIGATION REPAIR: IRRIGATION REPAIRS: VARI SLOPES YNEZ RD MEDIAN:LDSCP IMPROVEMEN' NOV LDSCP MAINT SVC: PARKS NOV LNDSCP MAINT SVC: VARI PARKS LANDSCAPE MULCH: VAR PARKS/MEDIA HARVESTON COMM PK: FIELD RENOVA1 IRRIGATION REPAIRS: VARI SLOPES IRRIGATION REPAIRS: VARIOUS LOCATI( IRRIGATION REPAIRS: VARI PARKS 11/21 EXP MAIL SVCS: HR DEPT KRACH, BREE - CASE# 603016103 MISC SUPPLIES:MPSC MISC SUPPLIES:MPSC 23,981.43 20,497.82 12,307.63 38,671.35 175.64 1,935.82 433.68 186.46 1,501.24 30,393.00 54,827.34 57,149.37 4,500.00 8,240.00 1,855.89 494.18 1,056.96 258,207.81 18.67 18.67 23.38 23.38 131.14 38.93 170.07 Page6 apChkLst Final Check List 12/06/2018 10:55:OOAM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192728 12/06/2018 003946 G T ENTERTAINMENT, AKA: ANNOUNCER SVCS:11/30-12/8 GEOFFREY GAIER 1,250.00 1,250.00 192729 12/06/2018 000177 GLENNIES OFFICE PRODUCTS MISC OFC SUPPLIES: CITY CLERK 24.16 INC MISC OFC SUPPLIES: WORKFORCE MISC OFC SUPPLIES: BC MISC OFC SUPPLIES: BC MISC OFC SUPPLIES: STA 95 MISC. OFC SUPPLIES: CITY CLERK Office Supplies -Building and Safety Office Supplies -Planning Office Supplies -Planning 192730 12/06/2018 019177 GOSCH FORD TEMECULA VEHICLE PURCHASE: PUBLIC WORKS 22.52 73.64 89.02 34.79 49.37 42.75 305.39 6.88 648.52 29,999.78 29,999.78 192731 12/06/2018 019721 GOVCONNECTION INC REPLACEMENT SCANNER 3,950.33 3,950.33 PRINTER:CASHIER 192732 12/06/2018 000186 HANKS HARDWARE INC 192733 12/06/2018 020628 HASA INC 192734 12/06/2018 015897 HENNESSY, JENNIFER 192735 12/06/2018 019017 HEWLETT PACKARD FINANCIAL, SERVICES COMPANY 192736 12/06/2018 020698 HICKS AND HARTWICK INC 192737 12/06/2018 001013 HINDERLITER DE LLAMAS & MISC SUPPLIES FOR PW STREET 26.09 MAINT MISC SUPPLIES FOR PW STREET MAINT 6.30 MAINT SUPPLIES: VARI PARKS 30.83 HARDWARE SUPPLIES: STA 95 26.90 HARDWARE SUPPLIES: BC 16.29 HARDWARE SUPPLIES: STA84 41.51 MAINT SUPPLIES: VARI PARKS 29.42 MAINT SUPPLIES: VARI PARKS 960.28 MAINT SUPPLIES: VARI PARKS 194.08 HARDWARE SUPPLIES: STA 95 193.92 1,525.62 Pool Sanitizing Chemicals:various pools 522.01 522.01 EE COMPUTER PURCHASE PRGM 2,000.00 2,000.00 LEASE/PURCH TECH 75,151.94 75,151.94 INFRASTRUCTURE:IT ENG PLAN CK SVCS: PW 8,000.00 ENG PLAN CHECK SVCS: PW 2,100.00 10,100.00 SVCS: MEASURE S SALES TAX AUDIT: 793.59 793.59 ASSOC 4TH QTR 192738 12/06/2018 009693 INLAND VALLEY CLASSICAL STTLMNT: THE NUTCRACKER BALLET BALLET 11/23-11/ 14,348.90 14,348.90 Page:7 apChkLst Final Check List 12/06/2018 10:55:OOAM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor 192739 12/06/2018 020673 INTEGRITY SUPPORT SERVICES INC, EMPLOYMENT SCREENING RESO Description Amount Paid Check Total Pre-employment screenings:HR 163.87 163.87 192740 12/06/2018 000501 INTL INSTITUTE OF MUNICIPAL, MEMBERSHIP RENEWAL: JOHL, RANDI 210.00 210.00 CLERKS 192741 12/06/2018 011020 JACK RAGLAND ATELIER Recognition:RL Plein Air Competition 200.00 200.00 192742 12/06/2018 017118 KRACH BREE B, DBA RECOGNITION PLAQUE: OSVOLD, 93.53 TEMECULA TROPHY & DES HEIDA CREDIT: TAX WITHHOLDING CASE 60301 -23.38 70.15 192743 12/06/2018 021009 KREISSIG, MYKAILAH REFUND: LIBRARY SMARTYPAY 19.95 19.95 192744 12/06/2018 014432 LANAIR GROUP LLC SHORETELANNUAL SUPPORT:IT 1,188.00 SHORETEL ANNUAL SUPPORT:IT 600.00 1,788.00 192745 12/06/2018 000482 LEIGHTON CONSULTING INC GEOTECH SVCS - 6TH ST SIDEWALKS: 2,049.40 PW17-05 GEOTECH SVCS & MATERIALS: PW06-09 2,098.10 GEOTECH SVCS: RANCHO CALIF: PW17- 954.00 GEOTECH SVCS: OVERLAND DR PW16-( 5,660.90 10,762.40 192746 12/06/2018 020978 LISAABMA-KAMMERT, DBA RFRSHMNTS:INTERCHANGE 1,050.00 1,050.00 THE BATTER UP BAKERY DEDICATION 192747 12/06/2018 015953 LLOYD'S DESIGNS DESIGN SVCS:TCSD 1,500.00 1,500.00 192748 12/06/2018 003782 MAIN STREET SIGNS, DBA ATHACO INC SIGN REPLACEMENT SUPPLIES:PW STREETS SIGN REPLACEMENT SUPPLIES:PW STF 122.64 107.64 SIGN REPLACEMENT SUPPLIES:PW STF 122.64 352.92 192749 12/06/2018 004141 MAINTEX INC CLEANING SUPPLIES: VARI FACILITIES 2,677.27 2,677.27 192750 12/06/2018 017427 MATCHETT, VIVIAN TCSD INSTRUCTOR EARNINGS 218.40 218.40 192751 12/06/2018 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SIGNAL EQUIPMENT 11,829.68 11,829.68 192752 12/06/2018 015259 MERCURY DISPOSAL RECYCLING FEES:CLASS II 267.52 267.52 SYSTEMS INC BATTERIES 192753 12/06/2018 015955 METRO FIRE AND SAFETY INC HOOD INSPECTIONS: PB SPORTS 205.00 205.00 PARK Page:8 apChkLst 12/0612018 10:55:OOAM Final Check List CITY OF TEMECULA Page: 9 Bank : union UNION BANK Check # Date Vendor 192754 12/06/2018 018314 MICHAEL BAKER INTERNATIONAL 192755 12/06/2018 013443 MIDWEST TAPE LLC 192756 12/06/2018 004951 MIKE'S PRECISION WELDING INC 192757 12/06/2018 012962 MILLER MISTY, DBA BOOT CAMP WITH A KICK 192758 12/06/2018 004043 MISSION ELECTRIC SUPPLY INC 192759 12/06/2018 004040 MORAMARCO, ANTHONY J, DBA BIGFOOT GRAPHICS 192760 12/06/2018 014391 NICHOLS, KELLIE D 192761 12/06/2018 019839 O'CONNOR, DENISE 192762 12/06/2018 003964 OFFICE DEPOT BUSINESS SVS DIV 192763 12/06/2018 002105 OLD TOWN TIRE AND SERVICE 192764 12/06/2018 002105 OLD TOWN TIRE AND SERVICE 192765 12/06/2018 019851 ORTIZ ENTERPRISES INC 192766 12/06/2018 021008 PAIT, GRETA (Continued) Description Amount Paid Check Total CIVIL ENG& DSGN SVCS: PW18-04 ENG SVCS: 6TH ST SIDEWALK: PW17-05 BOOKS/COLLECTIONS:LIBRARY BOOKS/COLLECTIONS:LIBRARY VARIOUS PARKS: ON-CALL WELDING SVCS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS ELECTRICAL SUPPLIES: OLD TOWN Temeku Hills:electrical pedestal parts TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS OFFICE SUPPLIES:HR OFFICE SUPPLIES:PW DEPTS CITY VEHICLE MAINT SVCS:BLDG & SAFETY CITY VEHICLE MAINT SVCS:PW PARKS CITY VEHICLE MAINT SVCS:PW PARKS PRGS PMT 18:ULT INTRCHG, PW04-08 REFUND: LIBRARY COMMUNITY ROOM 12/2/18 192767 12/06/2018 020991 POTTS, DEBORAH RECOGNITION:RL PLEIN AIR COMPETITION 4,212.99 7,146.68 199.28 88.17 325.00 266.00 239.40 90.51 1,253.72 420.00 315.00 70.00 84.00 428.40 453.60 453.60 453.60 384.49 453.60 140.00 26.51 278.80 1,196.86 26.75 37.05 1,421, 378.66 105.00 50.00 11,359 67 287.45 325.00 505.40 1,344.23 889.00 2,627.29 140.00 305.31 1,196.86 63.80 1,421,378.66 105.00 50.00 Page9 apChkLst Final Check List 12/06/2018 10:55:OOAM CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192768 12/06/2018 011549 POWER SPORTS UNLIMITED, VEH MAINT & REPAIR:TEMECULA 512.10 DBA BMW MOTORCYCLES OF POLICE NO 192769 12/06/2018 020127 QUINN COMPANY VEH MAINT & REPAIR:TEMECULA POLIC 241.86 753.96 GENERATOR REPAIR: STA84 115.25 115.25 192770 12/06/2018 019432 RCC CHAMBER SINGERS DICKENS CAROLERS:TEAM PACE 12/6 192771 12/06/2018 003591 RENES COMMERCIAL MANAGEMENT 192772 12/06/2018 005395 SAN BERNARDINOAND RIVERSIDE, COUNTY FIRE EQUIPMENT 200.00 200.00 HOMELESS ENCAMPMENT CLEAN-UP 3,890.00 11/22 APPLY PRE/POST-EMERG: CHANNEL SY 7,975.00 EXTINGUISHER SRVC:STN 12, BATT 15 217.43 EXTINGUISHER SRVC:STNS 84,73,92,95, 11, 865.00 760.82 978.25 192773 12/06/2018 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SRVCS:VETERANS 150.00 150.00 PRESTON PINNING/MPSC 192774 12/06/2018 015364 SEASIDE ICE LLC, DBA ICE DEPOSIT:18-19 SEASON ICE RINK AMERICA 21,538.00 21,538.00 192775 12/06/2018 013376 SECURITY SIGNAL DEVICES REPAIR & MAINT OF SECURITY 278.00 INC, SSD SYSTEMS SYSTEM:I.T. REPROGRAM FIRE PANEL:THEATER 338.00 616.00 192776 12/06/2018 020890 SHANE ADAM ANDERSON, DBA CATERING SRVCS:2018 BREAKFAST 3,718.00 3,718.00 ANDERSON CATERING SVC W/SANTA 192777 12/06/2018 020922 SHARP, ANISSA REIMB:TEAM PACE 12/6/18 472.08 472.08 192778 12/06/2018 013695 SHRED -IT US JV, LLC, DBA: SHRED -IT USA LLC 192779 12/06/2018 000645 SMART AND FINAL INC 192780 12/06/2018 000537 SO CALIF EDISON 10/15-11/12 DOC SHRED 57.45 SRVCS:POLICE 10/24-11/8 DOC SHRED SRVCS:VAR DEP 113.01 170.46 SUPPLIES:MPSC/SKIP/HIGH HOPES 270.34 270.34 PRGM PRGS #2/SCE UTILITY AGRMNT:ULT 66,432.71 66,432.71 INTRCHG 0 192781 12/06/2018 002503 SOUTH COAST AIR QUALITY, GENERATOR OPERATING PERMIT:STN MANAGEMENT DISTRICT 95 192782 12/06/2018 000519 SOUTH COUNTY PEST CONTROL INC PEST CONTROL SRVCS:MARGARITA SPLASH PARK PEST CONTROL SRVCS:TES POOL NOV PEST CONTROL SRVCS:CITY FACIL BEE REMOVAL SRVC:SIGNET SERIES 4,269.21 4,269.21 49.00 59.00 881.00 59.00 1,048.00 Page:10 apChkLst Final Check List 12/06/2018 10:55:OOAM CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192783 12/06/2018 020988 SPRUCE & GANDER SIDEWALKS:O.T.BOARDWALK ENHANCEMENT 192784 12/06/2018 000293 STADIUM PIZZA INC RFRSHMNTS: MPSC HOLIDAY PARTY 11/19 192785 12/06/2018 008337 STAPLES BUSINESS CREDIT 44,849.10 44,849.10 79.59 79.59 OFFICE SUPPLIES:THEATER 0.55 OFFICE SUPPLIES:T. MUSEUM 51.35 OFFICE SUPPLIES:TEMECULA POLICE N 165.48 OFFICE SUPPLIES:TEMECULA POLICE IV 3.80 OFFICE SUPPLIES:TEMECULA POLICE N 14.08 OFFICE SUPPLIES:THEATER 8.53 OFFICE SUPPLIES:PW DEPTS 47.08 192786 12/06/2018 016111 STOGNER, GREGORY L. RECOGNITION:RL PLEIN AIR COMPETITION 192787 12/06/2018 011424 STONE CREEK BIBLE CHURCH REFUND: SECURITY DEP TCC 12/1/18 192788 12/06/2018 000465 STRADLEY, KATHLEEN, KATHY RECOGNITION:RL PLEIN AIR STRADLEY FINE ART COMPETITION 192789 12/06/2018 003840 STRONGS PAINTING REPAINT PATIO/SHADE STRUCTURE:CIVIC CTR 290.87 50.00 50.00 200.00 200.00 500.00 500.00 2,500.00 2,500.00 192790 12/06/2018 012789 STUART, JENNIFER SARAH TCSD INSTRUCTOR EARNINGS 6,814.79 6,814.79 192791 12/06/2018 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT:POLICE 226.82 226.82 LLC 192792 12/06/2018 005970 TEMECULA VALLEY PLAYERS ADVANCE,"A CHRISTMAS CAROL" 15,000.00 15,000.00 11/29-12/9 192793 12/06/2018 020827 TERRA MANOR INC, DBA HUGS REFUND: SECURITY DEP TCC 12/2/18 149.00 149.00 F.F.A. 192794 12/06/2018 000668 TIMMY D PRODUCTIONS INC DJ/ANNOUNCER:ELECTRIC LIGHT PARADE 3,635.00 3,635.00 192795 12/06/2018 013474 TOWN & COUNTRY TOWING TOWING SRVCS: TEMECULA POLICE 75.00 75.00 192796 12/06/2018 000161 TYLER TECHNOLOGIES, INC EDEN RENEWAL:INFO TECH 48,037.31 48,037.31 192797 12/06/2018 010169 UNITED TOWING SERVICE INC TOWING SRVCS: TEMECULA POLICE 249.00 249.00 Page:11 apChkLst Final Check List 12/06/2018 10:55:OOAM CITY OF TEMECULA Page: 12 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192798 12/06/2018 008977 VALLEY EVENTS INC RENTAL:ANN'L TREE LIGHTING 11/26 192799 12/06/2018 007208 VINCES SPAGHETTI EXPRESS REFRESHMENTS:HIGH HOPES PGRM 12/14 192800 12/06/2018 001890 VORTEX INDUSTRIES INC POWER DOOR REPAIR:CIVIC CNTR/MPSC 192801 12/06/2018 013010 WALKER, CHARLES REIMB:PENNYPICKLE'S WRKSHP LIGHTS 192802 12/06/2018 006248 WALKER, JESSICA TCSD INSTRUCTOR EARNINGS 192803 12/06/2018 018871 WONDER SCIENCE TCSD INSTRUCTOR EARNINGS 309.00 309.00 521.79 521.79 7,044.97 7,044.97 100.59 100.59 441.00 441.00 728.00 728.00 Grand total for UNION BANK: 5,080,799.15 Page:12 apChkLst Final Check List 12106/2018 10:55:OOAM CITY OF TEMECULA Page: 13 152 checks in this report. Grand Total All Checks. 5,080,799.15 Pagel 3 apChkLst 12/13/2018 9:14:44AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor 5336 11/30/2018 006887 UNION BANK OF CALIFORNIA 021013 CASA DE LUCY 001264 COSTCO TEMECULA 491 007987 WALMART 009720 STARBUCKS CORPORATION 021014 NETWORK FOR GOOD 5337 11/16/2018 006887 UNION BANK OF CALIFORNIA 020886 NETFLIX.COM 000751 SKILLPATH INC 006952 PAYPAL 020597 LAZY DOG RESTAURANT 010210 HOME DEPOT SUPPLY INC, THE 000152 CALIF PARKS & RECREATION SOC,CPRS 000152 CALIF PARKS & RECREATION SOC,CPRS 000152 CALIF PARKS & RECREATION SOC,CPRS 000152 CALIF PARKS & RECREATION SOC,CPRS 011285 USS MIDWAY MUSEUM 013812 DFIT SUBS LLC, DBA JERSEY MIKES 000152 CALIF PARKS & RECREATION SOC,CPRS 020816 MIDWAY PARTNERS LLC, DBA FANTAIL CAFE 017736 FEAST CALIFORNIA CAFE, LLC, DBA CORNER BAKERY CAFE 020450 CALIFORNIA INLAND EMPIRE, COUNCIL 019825 GETTY IMAGES 021015 CPR TRAINING PROFESSIONALS 021016 LATEST CONCEPTS INC Description Amount Paid Check Total RG RFRSHMNTS: MEETING WITH POLICE DEPT RG RFRSHMNTS: OUTREACH EVENT RG SUPPLIES: OUTREACH EVENT RG RFRSHMNTS: COMMUNITY CLEAN UP EVENT RG TABLE SPONSORSHIP FOR FUNDRAISING KH MONTHLY CHARGE FOR SVC: CRC TEEN ROOM KH TRAINING: VARI TCSD EMPLOYEES KH VERISIGN PAYFLOW PRO TRANSACTION KH HOSPITALITY FOR THEATER PERFORMERS KH POINSETTIAS FOR CIVIC CTR KH AWARD SUBMITTAL: GLOBAL CITIZENS KH AWARD SUBMITTAL:CREATING COMMUNITY KH AWARD SUBMITTAL: MARKETING & KH AWARD SUBMITTAL:ACTIVITY GUIDE KH BUS TOUR:TVM ACTIVITY KH RFRSHMNTS: POOL TOURNAMENT: MPSC KH ENTRY FEE: AWARD OF EXCELLENCE KH RFRSHMNTS: BUS TOUR:TVM ACTIVITY KH RFRSHMNTS: FALLEN HEROES RIBBON KH REGISTRATION: POLARIS AWARDS BANQUET KH IMAGES FOR PROMOTIONAL FLYERS KH INSTRUCTOR COURSE: JUAREZ, L. KH PLAQUE: FALLEN HEROES MEMORIAL 92.65 9.98 70.09 33.90 1,000.00 7.99 356.00 176.70 119.00 556.10 70.00 70.00 70.00 70.00 306.00 132.00 70.00 133.00 135.00 195.00 70.00 250.00 995.43 1,206.62 Page:1 apChkLst Final Check List 12/13/2018 9:14:44AM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor 004432 ALBERTSONS GROCERY STORE 000152 CALIF PARKS & RECREATION Description Amount Paid Check Total KH SUPPLIES: HALLOWEEN CARNIVAL 125.00 KH MEMBERSHIP RENEWAL: 150.00 SOC, C P R S MARTINEZ, Y. 010897 RUBIO'S RESTAURANTS INC KH RFRSHMNTS: HOME DECORATING JUDGING 79.50 4,136.72 5338 11/27/2018 002390 EASTERN MUNICIPAL WATER OCT WATER: 32131 SOUTH LOOP RD 49.91 49.91 DIST 5339 11/27/2018 002390 EASTERN MUNICIPAL WATER OCT WATER: 39656 DIEGO DR 114.60 114.60 DIST 5340 11/27/2018 002390 EASTERN MUNICIPAL WATER OCT WATER: 32131 SOUTH LOOP RD 165.76 165.76 DIST 5341 11/27/2018 002390 EASTERN MUNICIPAL WATER OCT WATER: 32131 SOUTH LOOP RD 213.72 213.72 DIST 5342 11/27/2018 000537 SO CALIF EDISON NOV 2-34-624-4452 32131 S LOOP RD 1,281.36 1,281.36 5343 12/05/2018 010276 TIME WARNER CABLE DEC INTERNET SVCS -40820 1.60 1.60 WINCHESTER RD 5344 12/05/2018 010276 TIME WARNER CABLE DEC INTERNET SVCS -32131 S LOOP 485.02 485.02 RD 5345 12/06/2018 010276 TIME WARNER CABLE DEC INTERNET SVCS -41000 MAIN ST 1,138.58 1,138.58 5346 12/10/2018 010276 TIME WARNER CABLE DEC INTERNET SVCS -28816 PUJOL ST 586.77 586.77 5347 12/06/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS -LIBRARY 188.98 188.98 5348 12/06/2018 018858 FRONTIER CALIFORNIA INC NOV INTERNET SVCS -FIRE STATION 119.84 119.84 73 5349 12/06/2018 014486 VERIZON WIRELESS 10/11-11/10 CELLULAR/BROADBAND:CITYWIDE 5350 12/06/2018 000262 RANCHO CALIF WATER 3000355-30875 RANCHO VISTA RD DISTRICT 443.84 443.84 17, 309.17 17, 309.17 Page2 apChkLst 12/13/2018 9:14:44AM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor 5353 12/13/2018 006887 UNION BANK OF CALIFORNIA 001264 COSTCO TEMECULA 491 021020 CRUZ TACOS 001264 COSTCO TEMECULA 491 000293 STADIUM PIZZA INC 001526 MICHAELS STORES INC 018925 FIREHOUSE SUBS 018925 FIREHOUSE SUBS 5354 12/13/2018 010349 CALIF DEPT OF CHILD SUPPORT 5355 12/13/2018 017429 COBRAADVANTAGE INC, DBA THE ADVANTAGE GROUP 5356 12/13/2018 000194 IC MA RETIREMENT -PLAN 303355 5357 12/13/2018 000444 INSTATAX (EDD) 5358 12/13/2018 000283 INSTATAX (IRS) 5359 12/13/2018 000389 NATIONWIDE RETIREMENT SOLUTION 5360 12/13/2018 001065 NATIONWIDE RETIREMENT SOLUTION 5361 12/13/2018 000245 PERS - HEALTH INSUR PREMIUM 5362 12/13/2018 000246 PERS (EMPLOYEES' RETIREMENT) 5363 11/15/2018 010276 TIME WARNER CABLE 5364 12/13/2018 007282 AMAZON COM INC, SYNCB/AMAZON Description Amount Paid Check Total CD RFRSHMNTS: STA 95 OPEN HOUSE CD RFRSHMNTS: ST JEAN CHURCH EVENT CD RFRSHMNTS: EXPLORERES EVENT AT CD RFRSHMNTS: FIRE EVENT ON 10/26 CD SUPPLIES: FIRE EVENTS CD RFRSHMNTS: ADULT CERT PRGM CD RFRSHMNTS: ADULT CERT PRGM SUPPORT PAYMENT REIMBURSEMENT FSA PAYMENT ICMA-RC RETIREMENT TRUST 457 PAYMENT STATE TAXES PAYMENT FEDERAL TAXES PAYMENT OBRA- PROJECT RETIREMENT PAYMENT NATIONWIDE RETIREMENT PAYMENT PERS HEALTH PAYMENT PERS HEALTH PAYMENT PERS RETIREMENT PAYMENT NOV INTERNET SVCS -28922 PUJOL ST misc office supplies: mall pd SUPPLIES:TVM &ACE SUPPLIES:TVM &ACE misc office supplies: temecula pd SUPPLIES:TVM &ACE 108.21 120.12 178.53 136.03 65.14 434.87 334.52 1,377.42 899.07 899.07 15,647.12 15,647.12 9,770.23 9,770.23 25,388.60 25,388.60 83,620.85 83,620.85 3,319.66 3,319.66 14,300.75 14,300.75 128, 767.60 102,016.19 128,767.60 0.00 102,016.19 214.41 4.55 175.91 165.01 150.24 37.96 214.41 533.67 Page:3 apChkLst Final Check List 12/13/2018 9:14:44AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 5365 12/03/2018 018858 FRONTIER CALIFORNIA INC DEC INTERNET SVCS -SENIOR CENTER 5366 12/03/2018 018858 FRONTIER CALIFORNIA INC DEC INTERNET SVCS -CITY HALL 5367 12/05/2018 002390 EASTERN MUNICIPAL WATER OCT WATER: MURRIETA HOT SPRINGS DIST RD 5368 12/05/2018 002390 EASTERN MUNICIPAL WATER OCT WATER: MURRIETA HOT SPRINGS DIST RD 5369 12/05/2018 002390 EASTERN MUNICIPAL WATER OCT WATER: 39569 SERAPHINA RD DIST 148.98 148.98 293.98 293.98 41.00 41.00 138.00 138.00 320.36 320.36 5370 12/04/2018 001212 SO CALIF GAS COMPANY OCT 015-575-0195-2 32211 WOLF 75.13 75.13 VALLEY RD 5371 12/04/2018 001212 SO CALIF GAS COMPANY OCT 055-475-6169-5 32380 DEER 183.05 183.05 HOLLOW VW 5372 12/13/2018 005460 U S BANK 2017 TAX ALLOCATION BONDS DEBT 3,931,823.38 3,931,823.38 SRVC 5373 12/12/2018 000621 WESTERN RIVERSIDE NOV '18 TUMF PAYMENT 65,991.16 65,991.16 COUNCIL OF, GOVERNMENTS (WRCOG) 5374 11/29/2018 000537 SO CALIF EDISON NOV 2-35-164-3242 44270 MEADOWS PKWY 5375 11/29/2018 000537 SO CALIF EDISON NOV 2-35-164-3515 32932 LEENA WAY 5376 11/29/2018 000537 SO CALIF EDISON NOV 2-35-164-3663 42335 MEADOWS PKWY 5377 11/29/2018 000537 SO CALIF EDISON NOV 2-35-164-3770 43487 BUTTERFIELD STG 5378 11/30/2018 000537 SO CALIF EDISON 5379 11/30/2018 000537 SO CALIF EDISON 5380 11/30/2018 000537 SO CALIF EDISON 24.89 24.89 25.16 25.16 25.17 25.17 26.56 26.56 NOV 2-41-072-5246 29429 TEM. PKWY 15.50 15.50 NOV 2-21-981-4720 30153 TEM. PKWY 21.87 21.87 NOV 2-28-904-7706 32329 OVERLAND 131.59 131.59 TRL Page:4 apChkLst Final Check List 12/13/2018 9:14:44AM CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 5381 12/13/2018 007282 AMAZON COM INC, SYNCB/AMAZON 5382 12/04/2018 000537 SO CALIF EDISON 5383 12/04/2018 000537 SO CALIF EDISON 5384 12/04/2018 000537 SO CALIF EDISON 5385 12/04/2018 000537 SO CALIF EDISON 5386 12/04/2018 000537 SO CALIF EDISON Description Amount Paid Check Total MISC OFC SUPPLIES: MALL PD 7.76 City fitness center items 112.36 120.12 NOV 2-41-048-2012 30498 TEMECULA 87.01 87.01 PKWY NOV 2-25-393-4681 41951 MORAGA RD 517.84 517.84 NOV 2-35-664-9053 29119 MARGARITA 630.29 630.29 RD NOV 2-35-403-6337 41375 MCCABE CT 671.16 671.16 NOV 2-30-520-4414 32781 TEMECULA 998.14 998.14 PKWY 192804 12/13/2018 007186 AB MAILING SOLUTIONS MAILING SVCS:THEATER 1,330.00 1,330.00 192805 12/13/2018 001517 AETNA BEHAVIORAL HEALTH JAN BILLING ADJ: REDUCE 6 -26.40 LLC, DBAAETNA RESOURCES PARTICIPANTS JAN EMPLOYEE ASSISTANCE PRGM 1,302.40 1,276.00 192806 12/13/2018 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY 3,850.98 3,850.98 C/O BNB BANK LOCKBOX PAYMENT 192807 12/13/2018 003951 ALLAMERICAN ASPHALT ASPHALT SUPPLIES: STREET MAINT 349.97 349.97 192808 12/13/2018 010905 ALLIED TRAFFIC & Misc. Supplies- various special events. 380.00 380.00 EQUIPMENT, RENTALS INC 192809 12/13/2018 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SRVCS:TEMECULA 195.00 AFN POLICE PHLEBOTOMY SRVCS:TEMECULA POLIC 110.00 192810 12/13/2018 000101 APPLE ONE INC NOV TEMP STAFFING:CLERK & 4,994.88 PLANNING 192811 12/13/2018 018941 AZTEC LANDSCAPING INC NOV RESTROOM POWER WASHING 192812 12/13/2018 017149 BGP RECREATION INC 192813 12/13/2018 019709 BAGDASARIAN, NADYA TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 305.00 4,994.88 1,072.50 1,072.50 762.30 993.30 885.50 REIMB: TEAM PACE 195.87 REIMB: TEAM PACE SUPPLIES 2,641.10 121.92 317.79 Page:5 apChkLst Final Check List 12/13/2018 9:14:44AM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor 192814 12/13/2018 011954 BAKER AND TAYLOR INC 192815 12/13/2018 005889 BROWN, PASCALE Description Amount Paid Check Total BOOK COLLECTIONS:LIBRARY 808.73 BOOK COLLECTIONS:LIBRARY 170.23 978.96 REIMB: RFRSHMNTS: TYLER MUNIS 92.83 92.83 DEMO 12/4 192816 12/13/2018 003138 CAL MAT, DBA VULCAN ASPHALT SUPPLIES: STREET MAINT. MATERIALS CO 192817 12/13/2018 005321 CALIF ASSOC OF CODE, MEMBERSHIP RENEWAL: ROMINE, ENFORCEMENT OFFICERS MARIA MEMBERSHIP RENEWAL: COLE, TOM MEMBERSHIP RENEWAL: BAGDASARIAI 192818 12/13/2018 004073 CALIF DEPT OF HIGHWAY Construction zone enforce for I -15/79S PATROL 192819 12/13/2018 004462 CDW LLC, DBA CDW GOVERNMENT LLC 174.50 174.50 95.00 95.00 95.00 285.00 7,375.86 7,375.86 ADOBE CREATIVE CLOUD FOR TEAMS 845.55 ADOBE RENEWAL:INFO TECH 2,536.65 ADOBE RENEWAL:INFO TECH 192820 12/13/2018 009640 CERTIFION CORP DBA NOV ONLINE DATABASE ENTERSECT SUBSCR:POLICE 192821 12/13/2018 017429 COBRAADVANTAGE INC, DBA NOV FSA & COBRAADMIN: HR THE ADVANTAGE GROUP 192822 12/13/2018 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS CHARITIES PAYMENT 192823 12/13/2018 000442 COMPUTER ALERT SYSTEMS ALARM SVC CALL: TVM ALARM SVC CALL: MRC 845.55 4,227.75 164.95 164.95 527.50 527.50 4.00 4.00 80.00 80.00 160.00 192824 12/13/2018 002945 CONSOLIDATED ELECTRICAL electrical supplies, various facilities 295.15 DIST ELECTRICAL SUPPLIES, LIBRARY 309.39 192825 12/13/2018 014521 COSTAR GROUP DEC 18 WEB SUBSCRIPTION:ECO DEV 473.58 INFORMATION INC 192826 12/13/2018 010650 CRAFTSMEN PLUMBING & HVAC INC MISC REPAIRS: BIRDSALL CONCESSION MISC REPAIRS: CIVIC CTR MISC REPAIRS: OT 6TH STREET BATHRC 192827 12/13/2018 004194 D L T SOLUTIONS, LLC AUTOCAD RENEWAL:PUBLIC WORKS 450.00 260.00 604.54 473.58 350.00 1,060.00 2,450.52 2,450.52 192828 12/13/2018 001393 DATA TICKET INC, DBA NOV CITATION 200.00 200.00 REVENUE EXPERTS PROCESSING:TEMECULA POLICE Page: apChkLst Final Check List 12/13/2018 9:14:44AM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192829 12/13/2018 004382 DEKRA LITE INC Holiday Lighting- Old Town 2018 Season 8,813.17 8,813.17 192830 12/13/2018 010461 DEMCO INC SUPPLIES:LIBRARY 465.78 465.78 192831 12/13/2018 008943 DEPT OF GENERAL SERVICES CASE FILINGS: HARDING, SHAREEN 2,310.00 2,310.00 (DGS) 192832 12/13/2018 003945 DIAMOND ENVIRONMENTAL SRVCS 192833 12/13/2018 004192 DOWNS ENERGY FUEL PORTABLE RESTROOMS: 30875 RANCHO VISTA PORTABLE RESTROOMS: 43230 BUS PAI PORTABLE RESTROOMS: 30875 RANCH( FUEL FOR CITY VEHICLES: POLICE FUEL FOR CITY VEHICLES: POLICE DEP' FUEL FOR CITY VEHICLES: LAND DEV/NI FUEL FOR CITY VEHICLES: PUBLIC WOR FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES: PARKS MAIN FUEL FOR CITY VEHICLES: STREETS MF FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: TCSD FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: BLDG INSPEI 192834 12/13/2018 020613 EAGLE PAVING COMPANY INC, SIDEWALKS -6TH STREET IMPROV: DBA TORO ENGINEERING PW17-05 SIDEWALKS -6TH STREET IMPROV: PW1 SIDEWALKS -6TH STREET IMPROV: PW1 192835 12/13/2018 004829 ELLISON WILSON ADVOCACY DEC STATE LOBBYING SVCS: CITY LLC MGR 192836 12/13/2018 017558 ENGRAVING & AWARDS OF RECOGNITION:KEY & DISPLAY CASE N.E. INC 192837 12/13/2018 011292 ENVIRONMENTAL SCIENCE ASSOC 192838 12/13/2018 001056 EXCEL LANDSCAPE INC JUL CEQAANALYSIS:PASEO DEL SOL TTM MAY CEQAANALYSIS:PASEO DEL SOL T AUG CEQAANALYSIS:PASEO DEL SOLT SEP CEQAANALYSIS:PASEO DEL SOL Tl IRRIGATION REPAIRS: VARIOUS PARKS RONALD REAGAN MEMORIAL: REPLACE WOLF CREEK TRAIL PK:LNDSCP IMPRO' WOLF CREEK:LANDSCAPE IMPROVEME irrigation repair: var landscape medians IRRIGATION REPAIRS: VARIOUS PARKS 47.88 47.88 -47.89 47.87 58.88 21.70 64.75 180.22 220.83 1,117.26 720.63 312.27 216.17 51.14 160.36 18,814.75 33,772.50 33,527.87 3,124.21 86,115.12 3,500.00 3,500.00 532.00 532.00 25,602.50 6,437.50 6,780.00 1,180.00 191.51 190.00 1,464.00 1,186.00 541.39 3,017.74 40,000.00 6,590.64 Page:7 apChkLst Final Check List 12113/2018 9:14:44AM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192839 12/13/2018 017432 EYEMED VISION CARE VISION PLAN PAYMENT 1,639.46 192840 12/13/2018 019469 FALCON ENGINEERING NOV CNSTRCTN MGMNT SVCS: 149,716.38 SERVICES PW04-08 192841 12/13/2018 009953 FEDERAL CLEANING DEC JANITORIAL SVCS:POLICE MALL 1,088.50 CONTRACTORS, DBA FEDERAL OFC BLDG SERVICES 192842 12/13/2018 000165 FEDERAL EXPRESS INC 192843 12/13/2018 021006 FILEMAKER INC 192844 12/13/2018 003747 FINE ARTS NETWORK AKA THEATRE, CO AND BALLET THEATER OCT PRICE ADJ JANITORIAL SVC: POLIC NOV PRICE ADJ JANITORIAL SVC: POLIC 11/16 EXP MAIL SVCS: POLICE FILEMAKER LICENSING:PW TICKET SALES ADVANCE: NUTCRACKER BALLET 192845 12/13/2018 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 192846 12/13/2018 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 KRACH, BREE - CASE# 603016103 1,639.46 149,716.38 166.00 166.00 1,420.50 14.06 14.06 1,620.00 1,620.00 12,000.00 12,000.00 740.32 740.32 8.16 1.70 192847 12/13/2018 014865 FREIZE UHLER KIMBERLY DBA, POLOS FOR WORKFORCE PLANNING: 349.04 CLEAR BLUE PROMOTIONS HR Formal polo shirts:brokers breakfast 2,389.24 192848 12/13/2018 016436 FRICK, TRACY REIMB: SUPPLIES: TV HISTORICAL 160.00 AUCTION 192849 12/13/2018 009608 GOLDEN VALLEY MUSIC SOCIETY, DBA CA CHAMBER ORCHESTRA STTLMNT: CANDLELIGHT CLASSIC: 805.00 DEC '18 STTLMNT: "GIFTS" 12/01 874.23 192850 12/13/2018 015451 GREATAMERICA FINANCIAL NOV LEASE FOR COPIERS:LIBRARY 793.89 SVCS 9.86 2,738.28 160.00 1,679.23 793.89 Page:8 apChkLst Final Check List 12/1312018 9:14:44AM CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor 192851 12/13/2018 000186 HANKS HARDWARE INC 192852 12/13/2018 019732 HARC, INC. 192853 12/13/2018 001013 HINDERLITER DE LLAMAS & Description Amount Paid Check Total HDWR SUPPLIES: STA. 95 192.76 MAINTENANCE SUPPLIES, VARIOUS FAC 23.96 MAINTENANCE SUPPLIES, VARIOUS FAC 181.91 MAINT SUPPLIES: OLD TOWN 17.91 MAINT SUPPLIES: OLD TOWN 16.07 MAINT SUPPLIES: CRC 1.73 MAINT SUPPLIES: CRC 47.16 MAINT SUPPLIES: AQUATICS 7.60 MAINT SUPPLIES: CRC 81.53 MAINT SUPPLIES: CRC 20.68 MAINT SUPPLIES: CIVIC CTR 9.78 MAINT SUPPLIES: CIVIC CTR 21.50 MAINT SUPPLIES: CIVIC CTR 90.63 MAINT SUPPLIES: CRC 52.26 MAINT SUPPLIES: CHILDREN'S MUSEM 57.97 MAINT SUPPLIES: CHILDREN'S MUSEM 72.80 MAINT SUPPLIES: CIVIC CTR 47.48 MAINT SUPPLIES: CIVIC CTR 23.90 MAINT SUPPLIES: TCC 29.26 HDWR SUPPLIES: BC -6.53 HRDWR SUPPLIES: BC 18.48 HDWR SUPPLIES: STA. 73 45.22 SMALLTOOLS:VAR PARKS 42.59 MAINT SUPPLIES: CIVIC CTR 39.43 MAINT SUPPLIES: MPSC 15.21 MAINT SUPPLIES: CIVIC CTR 16.83 MAINT SUPPLIES: CIVIC CTR 31.52 MAINT SUPPLIES: CIVIC CTR 12.90 MAINT SUPPLIES: CIVIC CTR 39.67 MAINT SUPPLIES: CIVIC CTR 47.83 MAINT SUPPLIES: TCC 52.19 MAINT SUPPLIES: OLD TOWN 9.10 1,361.33 CONSULTING SVCS:PUBLIC 760.00 760.00 OUTREACH SALES TAX & RECOVERY SVCS: 4TH 8,366.42 8,366.42 ASSOC QTR 192854 12/13/2018 010530 I P C INDUSTRIES INC, DBA: PRESTIGE GOLF CARS 192855 12/13/2018 017651 I.E. INC. gold cart rentals:various special events 2,161.88 2,161.88 REFUND: 41959 SHOREWOOD CT 90.48 90.48 921-591-009 192856 12/13/2018 019903 IMS INFRASTRUCTURE PAVEMENT MGMNT PRGRM: PW17-02 MANAGEMENT, SERVICES LLC 3,350.30 3,350.30 Page9 apChkLst Final Check List 12/13/2018 9:14:44AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192857 12/13/2018 006914 INNOVATIVE DOCUMENT OCT COPIER MAINT/USAGE/REPAIR: 881.57 SOLUTIONS CITYWIDE OCT COPIER MAINT/USAGE/REPAIR: CIT 6,267.19 192858 12/13/2018 014386 INTL NAMEPLATE U S INC POLICE CAR DECALS: TEMECULA PD 1,498.65 192859 12/13/2018 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS PAYMENT 7,148.76 1,498.65 40.00 40.00 192860 12/13/2018 020893 JEFF KATZARCHITECTURAL DSGN SVCS: CRC POOL: PW18-02 4,922.04 CORP DSGN SVCS: CRC POOL: PW18-02 33,775.50 192861 12/13/2018 020259 KAVEH ENGINEERING AND, CREDIT MEMO: INTEREST CHARGE -1,637.82 CONSTRUCTION, INC CONST.OF OVERLAND DR: PW16-06 198,176.15 192862 12/13/2018 020396 KINGDOM CAUSES, DBA CITY HOMELESS OUTREACH SVCS 12,540.56 NET HOMELESS OUTREACH SVCS HOMELESS COLLABORATIVE SVCS CIT' HOMELESS COLLABORATIVE SVCS CIT' HOMELESS OUTREACH SVCS 3,776.32 10,000.00 18,525.11 1,461.50 38,697.54 196, 538.33 46,303.49 192863 12/13/2018 017118 KRACH BREE B, DBA CREDIT: TAX WITHHOLDING CASE -1.70 TEMECULA TROPHY & DES 603016103 CREDIT: TAX WITHHOLDING CASE 60301 -8.16 NAME TAGS MEDALS AND AWARD: TVM 6.80 1-15 DEDICATION RECOGNITION PLATE 32.63 29.57 192864 12/13/2018 017946 LANDRUM, KAREN TCSD INSTRUCTOR EARNINGS 665.00 665.00 192865 12/13/2018 003726 LIFE ASSIST INC EMERGENCY MEDICAL: MEDIC 791.16 791.16 192866 12/13/2018 003782 MAIN STREET SIGNS, DBA SIGN REPLACEMENT SUPPLIES:PW 175.02 175.02 ATHACO INC STREETS 192867 12/13/2018 020302 MARIS IMAGING SOLUTIONS DOCUMENT IMAGING SVCS:CITY 12,635.40 12,635.40 LLC CLERK 192868 12/13/2018 014392 MC COLLOUGH JILL DENISE, DEC PLANTSCAPE SVCS: CIVIC CTR 500.00 DBA TEMECULA PLANTSCAPE DEC PLANTSCAPE SVCS: LIBRARY 200.00 700.00 192869 12/13/2018 006435 MCCONNELL, LISA REIMB: RECOGNITION AWARD 88.61 88.61 192871 12/13/2018 003076 MET LIFE INSURANCE DENTAL PAYMENT 11,091.97 11,091.97 COMPANY 192872 12/13/2018 018314 MICHAEL BAKER JUL CONSULTANT SVCS: PW17-17 4,865.99 4,865.99 INTERNATIONAL Page:10 apChkLst 12/1312018 9:14:44AM Final Check List CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check # Date Vendor 192873 12/13/2018 013443 MIDWEST TAPE LLC 192874 12/13/2018 013827 MIKO MOUNTAINLION INC 192875 12/13/2018 004043 MISSION ELECTRIC SUPPLY INC 192876 12/13/2018 016445 MKB PRINTING & PROMOTIONAL INC, DBA MINUTEMAN PRESS 192877 12/13/2018 019019 MUSIC CONNECTION LLC 192878 12/13/2018 002925 NAPA AUTO PARTS 192879 12/13/2018 018099 NATIONAL SAFETY COMPLIANCE, INC 192880 12/13/2018 015164 NATURES IMAGE INC 192881 12/13/2018 001323 NESTLE WATERS NORTH AMERICA, DBA READYREFRESH 192882 12/13/2018 003964 OFFICE DEPOT BUSINESS SVS DIV 192883 12/13/2018 002105 OLD TOWN TIRE AND SERVICE Description Amount Paid Check Total BOOKS/COLLECTIONS:LIBRARY RONALD REAGAN PK: RELOCATE K -RAIL LEIFER ROAD: REGRADING ELECTRICAL SUPPLIES: CIVIC CTR electrical supplie: various facilities generic business cards:front reception STTLMNT: SPEAKEASY AT THE MERC 12/8/18 JUMP BOX & SEAT COVERS: COMMERCIAL VEHIC JUMP BOX & SEAT COVERS: COMMERCI DOT TESTING: HR PECHANGA PKWY ENV MITIGATION:PW11-01 PECHANGA PKWY ENV MITIGATION:PW1 RETENTION RELEASE: FRENCH VALLEY 10/23-11/22 WTR DLVRY SVC: TESC POOL 10/23-11/22 WTR DLVRY SVC: TVM 10/23-11/22 WTR DLVRY SVC: LIBRARY 10/23-11/22 WTR DLVRY SVC: TCC 10/23-11/22 WTR DLVRY SVC: CRC 10/23-11/22 WTR DLVRY SVC: FOC 10/23-11/22 WTR DLVRY SVC: THEATER 10/23-11/22 WTR DLVRY SVC: SKATE PAF 10/23-11/22 WTR DLVRY SVC: PBSP 10/23-11/22 WTR DLVRY SVC: COUNCIL 10/23-11/22 WTR DLVRY SVC: MRC 10/23-11/22 DRINKING WTR: HELP CTR 10/23-11/22 WTR DLVRY SVCS: TVE2 OFFICE SUPPLIES:HR OFFICE SUPPLIES:HR CITY VEHICLE MAINT SVCS:PW STREET MAINT 43.49 4,939.60 2,800.00 90.18 22.84 72.59 226.80 184.86 227.53 240.69 400.26 400.26 920.34 9.78 25.98 120.72 26.47 168.47 172.52 52.21 8.61 47.80 38.11 37.09 4.45 34.86 13.04 14.00 43.49 7,739.60 113.02 72.59 226.80 412.39 240.69 1,720.86 747.07 27.04 446.74 446.74 Page:11 apChkLst Final Check List 12/13/2018 9:14:44AM CITY OF TEMECULA Page: 12 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192884 12/13/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:PARK RANGER 192885 12/13/2018 002734 P V P COMMUNICATIONS INC MOTOR HELMET & REPAIR:TEMCULA POLICE 192886 12/13/2018 018461 PACIFIC PRODUCTS & SIGN POSTS & ANCHORS:PW STREET SERVICE LLC MAINT 192887 12/13/2018 019334 PARK CONSULTING GROUP NOV CONSULTING & ENTERPRISE 10,286.50 10,286.50 INC SVCS: IT 192888 12/13/2018 019093 PEREZ, FRANK REIMB:CDBG WORKSHOP 11/29/18 94.26 94.26 81.75 81.75 1,015.26 1,015.26 3,130.00 3,130.00 192889 12/13/2018 000249 PETTY CASH PETTY CASH REIMBURSEMENT 997.56 997.56 192890 12/13/2018 001999 PITNEY BOWES 12/16/18-3/15/19 POSTAGE MTR:BC 77.48 77.48 192891 12/13/2018 010338 POOL AND ELECTRICAL VARIOUS SUPPLIES: AQUATICS 289.08 PRODUCTS, INC VARIOUS SUPPLIES: AQUATICS 231.82 520.90 192892 12/13/2018 011549 POWER SPORTS UNLIMITED, VEH MAINT & REPAIR: TEMECULA 1,264.75 1,264.75 DBA BMW MOTORCYCLES OF POLICE NO 192893 12/13/2018 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT INC, DBA LEGALSHIELD 192894 12/13/2018 012583 PRICE, BLANCAY OCT LDSCP INSPECTION SVC: PLANNING 192895 12/13/2018 012904 PROACTIVE FIRE DESIGN NOV PLAN REVIEW SRVC: AND, CONSULTING PREVENTION 192896 12/13/2018 008605 PSOMAS 192897 12/13/2018 003591 RENES COMMERCIAL 266.10 266.10 4,860.00 4,860.00 4,932.60 4,932.60 8/24-9/27 CONSULT SRVCS:PECHANGA 390.00 PKWY 9/28-10/25 CONSULT SRVCS:PECHANGA 441.25 CLEAN-UP SRVCS:CHRISTMAS 3,875.00 MANAGEMENT PARADE 11/30 192898 12/13/2018 002412 RICHARDS WATSON AND OCT 2018 LEGAL SERVICES 158,010.74 GERSHON CREDIT/OCT 2018 LEGAL SERVICES -5,431.83 192899 12/13/2018 016869 RIGHTWAY SITE SERVICES INC PORTABLE RESTROOMS:CHRISTMAS 1,655.20 DBA, RIGHTWAY PORTABLE PARADE 11/3 TOILET 831.25 3,875.00 152,578.91 1,655.20 Page:12 apChkLst 12/13/2018 9:14:44AM Final Check List CITY OF TEMECULA Page: 13 Bank : union UNION BANK (Continued) Check */ Date Vendor 192900 12/13/2018 008739 ROSE CITY LABEL, AKA THE BADGER 192901 12/13/2018 021005 SACHA HOPE DBA, SACHA HOPE HEARTSTONE HOU 192902 12/13/2018 004274 SAFE AND SECURE LOCKSMITH SRVC 192903 12/13/2018 009980 SANBORN GWYNETH A, CO TEMECULA MUSIC ACADEMY 192904 12/13/2018 017699 SARNOWSKI SHAWNA M PRESTON 192905 12/13/2018 009213 SHERRY BERRY MUSIC 192906 12/13/2018 015674 SJ LINKING SYSTEMS 192907 12/13/2018 019756 SOCAL WATERSMART 192908 12/13/2018 012652 SOUTHERN CALIFORNIA, TELEPHONE COMPANY 192909 12/13/2018 009379 SOUTHWEST WOMEN'S CHORUS 192913 12/13/2018 007762 STANDARD INSURANCE COMPANY 192914 12/13/2018 012723 STANDARD INSURANCE COMPANY 192915 12/13/2018 002015 STAR WAY SYSTEMS CORPORATION, DBA SO CALIF SOUND 192916 12/13/2018 001547 TEAMSTERS LOCAL 911 192917 12/13/2018 010679 TEMECULA AUTO REPAIR/RADIATOR, DBAAUTO ENTERPRISE INC Description Amount Paid Check Total TEMECULA JUNIOR STAR OFFICER LABELS:PD 2ND PLACE -RL PLEIN AIR COMPETITION 11/3 LOCKSMITH SRVCS:CIVIC CENTER COUNTRY LIVE! @ THE MERC 12/1/18 PHOTOGRAPHY:CHRISTMAS TREE LIGHTING '18 PHOTOGRAPHY:0OUNCIL SISTER CITY I PHOTOGRAPHY:BRKFST SISTER CITY D 1-15 DEDICATION PHOTOGRAPHY SRVCI JAZZ @ THE MERC 12/6 JAZZ @ THE MERC 11/29 RADIO RENTALS:ELECTRIC LIGHT PARADE 11/3 REFUND PAL REBATES FOR SITES NOT UTILIZE DEC GEN USAGE: 0141,0839,2593,9306 "19TH ANN'L CHRISTMAS IN THE AIR" 12/1-2 BASIC LIFE INSURANCE PAYMENT VOLUNTARY SUPP LIFE INSURANCE PAYMENT LIGHT PARADE AUDIO:OLD TOWN 11/30 UNION MEMBERSHIP DUES PAYMENT VEH MAINT & REPAIR:TCSD 972.00 100.00 245.64 506.25 150.00 100.00 150.00 150.00 441.00 451.50 850.00 6,614.88 593.33 1,288.43 8,968.70 1,121.33 1,350 00 5,202.00 1,716.41 972.00 100.00 245.64 506.25 550.00 892.50 850.00 6,614.88 593.33 1,288.43 8,968.70 1,121.33 1,350.00 5,202.00 1,716.41 Page:13 apChkLst 12/13/2018 9:14:44AM Final Check List CITY OF TEMECULA Page: 14 Bank : union UNION BANK (Continued) Check # Date Vendor 192918 12/13/2018 003677 TEMECULA MOTORSPORTS LLC 192919 12/13/2018 000515 TEMECULA VALLEY CHAMBER OF, COMMERCE 192920 12/13/2018 000515 TEMECULA VALLEY CHAMBER OF, COMMERCE 192921 12/13/2018 000306 TEMECULA VALLEY PIPE & SUPPLY 192922 12/13/2018 016311 TIERCE, NICHOLAS 192923 12/13/2018 000161 TYLER TECHNOLOGIES, INC 192924 12/13/2018 002185 U.S. POSTAL SERVICE 192925 12/13/2018 007766 UNDERGROUND SERVICE ALERT, OF SOUTHERN CALIFORNIA 192926 12/13/2018 010169 UNITED TOWING SERVICE INC 192927 12/13/2018 008977 VALLEY EVENTS INC 192928 12/13/2018 020850 VARIABLE SPEED SOLUTIONS INC 192929 12/13/2018 000319 VARSITY BRANDS HOLDING CO INC, DBA BSNSPORTSTOMARKSPORTS 192930 12/13/2018 009101 VISION ONE, INC., DBA: ACCESSO SHOWARE 192931 12/13/2018 007511 VLAHOS, CHRIS 192932 12/13/2018 019371 VOLGISTICS, INC 192933 12/13/2018 018147 WADDLETON, JEFFREY L. Description Amount Paid Check Total VEH REPAIR & MAINT:POLICE FY18-19 SPONSORSHIP FUNDING 3RD QTR HOST FEE:TVCC MIXER 4/17/19 TVE2 IRRIG & PLUMBING SUPPLIES:VARIOUS PARKS GRAPHIC DSGN SRVCS: THEATER ENERGOV ON-SITE SUPPORT:INFO TECH BULK MAILING:THEATER MID-SEASON MAILER NOV UNDERGROUND UTILITY LOCATOR ALERTS:P TOWING SRVCS: TEMECULA POLICE RENTALS:ELECTRIC LIGHT PARADE 11/30 RENTALS:ELECTRIC LIGHT PARADE 11/3 INSTALL FOUNTAINS:HARVESTON LAKE PARK SPORTS EQUIPMENT:PARKS NOV SHOWARE TICKETING SRVCS:THEATER REIMB: FLOODPLAIN MGMT REVIEW COURSE ANN'L SRVC FEE:T.V.MUS. #597-623-992 DJ/ANNOUNCER SRVCS:ELECTRIC LIGHT PARADE TCSD INSTRUCTOR EARNINGS 73.59 43,750.00 600.00 371.10 3,120.00 1,054.08 5,056.59 166.75 249.00 5,061.00 8,750.00 5,600.00 4,143.43 4,207.60 44.36 204.00 995.00 73.59 43,750.00 600.00 371.10 3,120.00 1,054.08 5,056.59 166.75 249.00 13, 811.00 5,600.00 4,143.43 4,207.60 44.36 204.00 315.00 1,310.00 Page:14 apChkLst Final Check List 12/13/2018 9:14:44AM CITY OF TEMECULA Page: 15 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 192934 12/13/2018 020275 WALLACE & ASSOC 10/1-11/4 CONSTR MGMT SRVCS:PARK CONSULTING INC & RIDE 192935 12/13/2018 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:O.T./CIVIC CNTR/PRKS 192936 12/13/2018 003730 WEST COASTARBORISTS INC 11/1-15/18 TREE MAINT:HARVESTON LAKE 11/1-15/18 TREE MAINT:CITY R -O -W 192937 12/13/2018 008402 WESTERN RIVERSIDE CO REG, CONSERVATION AUTHORITY 192938 12/13/2018 004567 WITCHER ELECTRIC, AKA TERRENCE KEVIN WITCHE 11/1-15/18 TREE MAINT:VINATGE HILLS 11/1-15/18 TREE MAINT:PARKS & MEDIAN NOV '18 MSHCP PAYMENT 13, 500.00 13, 500.00 3,119.77 3,119.77 828.00 2,310.90 413.60 3,076.15 6,628.65 10,520.00 10,520.00 ELECTRICAL REPAIRS: PBSP 1,560.00 INSTALL SECURITY LIGHTS: CRC 960.00 ELECTRICAL SRVCS: OLD TOWN ARCHE 1,600.00 4,120.00 Grand total for UNION BANK: 5,463,176.48 Page:15 apChkLst Final Check List 12/13/2018 9:14:44AM CITY OF TEMECULA Page: 16 180 checks in this report. Grand Total All Checks. 5,463,176.48 Page:16 Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: January 8, 2019 SUBJECT: Approve the City Treasurer's Report as of October 31, 2018 PREPARED BY: Rudy J. Graciano, Fiscal Services Manager RECOMMENDATION: That the City Council approve and file the City Treasurer's Report as of October 31, 2018. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of October 31, 2018. FISCAL IMPACT: None ATTACHMENTS: City Treasurer's Report as of October 31, 2018 Investments Managed Pool Accounts Retention Escrow Account Letter of Credit Trust Accounts Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments Portfolio Managment Treasury Report Portfolio Management Portfolio Summary October 31, 2018 City of Temecula 41000 Main Street P.O. Box 9033 Temecula, CA 92590 (951)694-6430 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. 43,422,673.66 43,422,673.66 43,422,673.66 35.89 1 1 2.031 2.059 1,396,933.32 1,396,933.32 1,396,933.32 1.15 1 1 0.163 0.165 2.00 2.00 2.00 0.00 1 1 0.000 0.000 7,756,578.97 7,756,578.97 7,756,578.97 6.41 1 1 2.150 2.180 33,414,459.60 33,342,030.55 33,414,459.60 27.62 1 1 2.115 2.144 25,000,000.00 24,590,580.00 25,000,000.00 20.66 1,312 660 1.697 1.720 10,000,000.00 9,908,160.00 10,000,000.00 8.27 997 391 1.712 1.735 120,990,647.55 120,416,958.50 120,990,647.55 100.00% 354 169 1.945 1.972 Cash Passbook/Checking (not included in yield calculations) Total Cash and Investments 6,713,099.39 6,713,099.39 6,713,099.39 1 1 0.000 0.000 127,703,746.94 127,130, 057.89 127,703,746.94 354 169 1.945 1.972 Total Earnings October 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 199,417.57 129,898,604.29 1.81% Reporting period 10/01/2018-10/31/2018 Data Updated: SET_MTH: 12/11/2018 11:51 Run Date: 12/11/2018 - 11:51 371,637.73 125,042,943.98 0.88% Portfolio TEME NL! CP PM (PRF_PM1) 7.3.0 Report Ver. 7.3.6.1 CUSIP Investment • Managed Pool Accounts 233358001-6 233358006-6 233358000-6 276213009-6 276213008-6 276213006-6 164741002-6 164741008-6 164741006-6 164741000-6 164742002-6 164742000-6 229462007-6 229462002--6 229462009-6 229462006-6 229462000-6 94669921-6 94669911-6 94669917-6 94669916-6 94669000-6 276213002-6 276213000-6 94686001-6 94686005-6 94686000-6 94686006-6 276213022-6 276213023-6 276213029-6 276213028-6 276213026-6 276213020.6 218848001-6 218848008-6 Issuer Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 2018 Average Purchase Balance Date Pr Value 01-2 BOND F First Amer Govt Oblig Fund CI 01-2 REF RES First Amer Govt Oblig Fund CI 01-2 REF ST First Amer Govt Oblig Fund CI 03-02 COI First Amer Govt Oblig Fund CI 03-02 IMPR First Amer Govt Oblig Fund CI 03-02 RES First Amer Govt Oblig Fund CI 03-03 BOND F First Amer Govt Oblig Fund CI 03-03IMP First Amer Govt Oblig Fund CI 03-03RES First Amer Govt Oblig Fund CI 03-03SPEC First Amer Govt Oblig Fund CI 03-06 BOND F First Amer Govt Oblig Fund CI 03-06SPEC First Amer Govt Oblig Fund CI 03-1 2012 RF First Amer Govt Oblig Fund CI 03-1 BOND FD First Amer Govt Oblig Fund CI 03-1 COI First Amer Govt Oblig Fund CI 03-1 RESERV First Amer Govt Oblig Fund CI 03-1 SPECF First Amer Govt Oblig Fund CI 03-1ACQ11 First Amer Govt Oblig Fund CI 03-1 ACQA11 First Amer Govt Oblig Fund CI 03-1 RES First Amer Govt Oblig Fund CI 03-1 RESB11 First Amer Govt Oblig Fund CI 03-1 SPTAX11 First Amer Govt Oblig Fund CI 03-2 REFU First Amer Govt Oblig Fund CI 03-2 SPEC First Amer Govt Oblig Fund CI 03-4ADMIN11 First Amer Govt Oblig Fund CI 03-4PREP11 First Amer Govt Oblig Fund CI 03-4RED11 First Amer Govt Oblig Fund CI 03-4RES11 First Amer Govt Oblig Fund CI 16-01 BOND F First Amer Govt Oblig Fund CI 16-01 CAPINT First Amer Govt Oblig Fund CI 16-01 COI First Amer Govt Oblig Fund CI 16-01 IMP First Amer Govt Oblig Fund CI 16-01 RESERV First Amer Govt Oblig Fund CI 16-01 SPECF First Amer Govt Oblig Fund CI 2017A&B INT First Amer Govt Oblig Fund CI 2017ABPRIORP First Amer Govt Oblig Fund CI Data Updated: SET_MTH: 12/11/2018 11:49 Run Date: 12/11/2018 - 11:49 Stated Market Value Book Value fiats Page 1 YTM YTM Days to Maturity 380 385 Maturity Date 8,291.93 8,291.93 8,291.93 2.000 1.973 2.000 1 504,695.26 504,695.26 504,695.26 2.000 1.973 2.000 1 85,741.07 85,741.07 85,741.07 2.000 1.973 2.000 1 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 552,605.94 552,605.94 552,605.94 2.000 1.973 2.000 1 744,782.67 744,782.67 744,782.67 2.000 1.973 2.000 1 0.03 0.03 0.03 1.800 1.775 1.800 1 270,580.71 270,580.71 270,580.71 2.000 1.973 2.000 1 397.23 397.23 397.23 2.000 1.973 2.000 1 207,468.16 207,468.16 207,468.16 2.000 1.973 2.000 1 0.00 0.00 0.00 1.630 1.608 1.630 1 18,434.90 18,434.90 18,434.90 2.000 1.973 2.000 1 42.00 42.00 42.00 2.000 1.973 2.000 1 7,278.92 7,278.92 7,278.92 2.000 1.973 2.000 1 0.00 0.00 0.00 0.000 0.000 1 4,276.56 4,276.56 4,276.56 2.000 1.973 2.000 1 95,816.04 95,816.04 95,816.04 2.000 1.973 2.000 1 0.00 0.00 0.00 0.870 0.858 0.870 1 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.000 0.000 1 7,758.87 7,758.87 7,758.87 2.000 1.973 2.000 1 49,998.42 49,998.42 49,998.42 2.000 1.973 2.000 1 518.45 518.45 518.45 2.000 1.973 2.000 1 13.26 13.26 13.26 1.960 1.933 1.960 1 60,057.58 60,057.58 60,057.58 2.000 1.973 2.000 1 34,103.50 34,103.50 34,103.50 2.000 1.973 2.000 1 39,709.74 39,709.74 39,709.74 2.000 1.973 2.000 1 0.00 0.00 0.00 0.870 0.858 0.870 1 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 6,527,161.08 6,527,161.08 6,527,161.08 2.000 1.973 2.000 1 3,162,668.47 3,162,668.47 3,162,668.47 2.000 1.973 2.000 1 124,893.72 124,893.72 124,893.72 2.000 1.973 2.000 1 07/09/2018 16, 821.29 16, 821.29 16, 821.29 2.000 1.973 2.000 1 205,445.95 205,445.95 205,445.95 2.000 1.973 2.000 1 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Report Ver. 7.3.6.1 CUSIP Investment * Managed Pool Accounts 216848013-2 218848000-6 218848009-6 233358009-6 94434160-6 94434161-6 107886000-6 107886001-6 107886010-6 107886011-6 107886016-6 107886020-6 107886021-6 107886028-6 107886026-6 136343008-6 136343018-6 136343000-6 136343001-6 136343006-6 146161000-6 146161001-6 94669902-3 94434160-1 94434161-2 136343018-2 146161008-3 146161006-3 94669921-5 94669911-5 94669917-5 94669906-5 94669916-5 94669000-5 164742006-5 164742000-5 Issuer Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 2018 Average Salaries Purchase Date 2017B COI 2017B DS 2017B_PROJ 233358009-6 RDA-02INT RDA-02PRIN RDA-06AINT RDA06APRIN RDA06BINT RDA06BPRIN RDA06BRES RDA07INT RDA07PRIN RDA07PROJ RDAO7RES RDA10APROJ RDA10BPROJ RDA1 OINT RDA1OPRIN RDA1ORSRV RDA11AINT RDA11APRIN 03-1 BOND3 RDA 02 INT1 RDA 02 PRIN2 RDA 10B CIP2 RDA11APROJ RDA11ARSRV 03-01 ACQ11 03-01 ACQA11 03-01 RES 03-01 RESA11 03-01 RESB11 03-01 SPTAX11 03-06 RES 03-06 SPEC First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First Amer Govt Oblig Fund CI First American Treasury First American Treasury First American Treasury First American Treasury Federated Institutional Tax Fr Federated Institutional Tax Fr Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Data Updated: SET_MTH: 12/11/2018 11:49 Run Date: 12/11/2018 - 11:49 Page 2 Stated YTM YTM Days to Maturity Pr Value Market Value Book Value Ike 980 985 Maturity Dots 0.00 0.00 0.00 0.000 0.000 6,450.27 6,450.27 6,450.27 2.000 1.973 2.000 12,739,082.45 12,739,082.45 12,739,082.45 2.000 1.973 2.000 07/01/2018 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.680 0.671 0.680 0.00 0.00 0.00 0.940 0.927 0.940 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.930 0.917 0.930 0.00 0.00 0.00 0.940 0.927 0.940 0.00 0.00 0.00 0.940 0.927 0.940 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.000 0.000 07/01/2018 0.00 0.00 0.00 0.000 0.000 07/01/2018 0.03 0.03 0.03 0.000 0.000 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.000 0.000 07/01/2018 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.010 0.010 0.010 0.00 0.00 0.00 0.010 0.010 0.010 0.00 0.00 0.00 0.010 0.010 0.010 0.00 0.00 0.00 0.800 0.789 0.800 07/01/2018 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.250 0.247 0.250 0.00 0.00 0.00 0.250 0.247 0.250 07/01/2018 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.001 0.001 0.001 0.00 0.00 0.00 0.250 0.247 0.250 0.00 0.00 0.00 0.250 0.247 0.250 07/01/2018 0.00 0.00 0.00 0.000 0.000 0.00 0.00 0.00 0.250 0.247 0.250 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 CUSIP Investment* Managed Pool Accounts 94669902-5 03-1bond fd 94686001-5 03-4 ADMIN11 94686005-5 03-4 PREP11 94686006-5 03-4 RES11 94669917-1 03-01-1 RES 276213008-1 03-02 IMP 164742006-1 03-06 RES -1 229462007-1 03-1 2012 RE 94669911-1 03-1 ACQ A2 94669921-1 03-1 ACQ B2 744727011-1 03-3 ACQ 2 164741006-1 0303-1 RES 107886028-1 RDA 07 PRO -1 107886026-1 RDA 07 RES -1 136343018-1 RDA 10B CIP1 229462020-0 03-01 CASH 233358050-1 01-2 SPECESC Issuer Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 2018 Average Bianca Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations Federated Tax Free Obligations CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun CA Local Agency Investment Fun USBANK U.S. Treasury Subtotal and Average 43,395,252.58 Page 3 Purchase Stated YTM YTM Days to Maturity Date Pr Value Market Value Book Value Rate 360 365 Maturity Date 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.250 0.247 0.250 1 07/01/2018 0.00 0.00 0.00 0.000 0.000 1 0.00 0.00 0.00 0.250 0.247 0.250 1 0.00 0.00 0.00 2.144 2.115 2.144 1 15,361,373.26 15,361,373.26 15,361,373.26 2.144 2.115 2.144 1 317,874.39 317,874.39 317,874.39 2.144 2.115 2.144 1 794,686.01 794,686.01 794,686.01 2.144 2.115 2.144 1 0.00 0.00 0.00 2.144 2.115 2.144 1 0.00 0.00 0.00 2.144 2.115 2.144 1 0.00 0.00 0.00 2.144 2.115 2.144 1 1,473,025.81 1,473,025.81 1,473,025.81 2.144 2.115 2.144 1 0.00 0.00 0.00 2.144 2.115 2.144 1 0.00 0.00 0.00 2.144 2.115 2.144 1 0.00 0.00 0.00 2.144 2.115 2.144 1 619.69 619.69 619.69 0.000 0.000 1 0.00 0.00 0.00 0.360 0.355 0.360 1 43,422,673.66 43,422,673.86 43,422,673.66 2.031 2.059 1 Retention Escrow NOBEL COMPANY ARMY CORPS 218848050-0 218848060-0 218848070-0 218848080-0 229462020-2 Account Nobel Comp Army Corps 2002 ESCROW 2006AESCRO 2006BESCRO 2007ESCROW 03-01 ESCROW Banner Bank Union Bank USBANK USBANK USBANK USBANK U.S. Treasury Subtotal and Average 1,395,685.43 07/01/2018 07/01/2018 07/01/2018 07/01/2018 0.00 602,400.46 0.00 0.00 0.00 0.00 794,532.86 0.00 602,400.46 0.00 0.00 0.00 0.00 794,532.86 1,396,933.32 1,396,933.32 0.00 602,400.46 0.00 0.00 0.00 0.00 794,532.86 1,396,933.32 0.370 0.365 0.370 1 0.300 0.296 0.300 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 0.063 0.062 0.063 1 0.163 0.165 1 Letter of Credit 218848006-1 233358006-1 2017B RESER ASSURED GUARANTY MUNICIPAL COR 01-2 REFRESI ASSURANCE CO BOND INSURANCE Subtotal and Average Data Updated: SET_MTH: 12/11/2018 11:49 Run Date: 12/11/2018 - 11:49 07/01/2018 07/01/2018 1.00 1.00 2.00 2.00 1.00 1.00 2.00 1.00 1.00 2.00 0.000 0.000 1 0.000 0.000 1 0.000 0.000 1 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 2018 Page 4 CUSIP Investment ar Issuer Balance Purchase Stated YTM YTM Days to Maturity Balance Date Per Value Market Value Book Value Rate 360 385 Maturity pate Trust Accounts 6746058700 PARS Pension US Bank Trust 7,756,578.97 7,756,578.97 7,756,578.97 2.180 2.150 2.180 1 Subtotal and Average 8,083,311.11 7,756,578.97 7,756,578.97 7,758,578.97 2.150 2.180 1 Local Agency Investment Funds SYSCITY CITY CA Local Agency Investment Fun 15,753,393.21 15,719,246.22 15,753,393.21 2.144 2.115 2.144 1 SYSRDA RDA CA Local Agency Investment Fun 1,808.20 1,804.28 1,808.20 2.144 2.115 2.144 1 SYSTCSD TCSD CA Local Agency Investment Fun 17,659,258.19 17,620,980.05 17,659,258.19 2.144 2.115 2.144 1 Subtotal and Average 34,035,219.59 33,414,459.60 33,342,030.55 33,414,459.60 2.115 2.144 1 Federal Agency Callable Securities 3130A4G89 01207 Federal Home Loan Bank 03/24/2015 1,000,000.00 990,620.00 1,000,000.00 1.650 1.627 1.650 327 09/24/2019 3130AAME5 01226 Federal Home Loan Bank 01/30/2017 1,000,000.00 966,810.00 1,000,000.00 2.020 1.948 1.975 1,181 01/25/2022 3130AANA2 01227 Federal Home Loan Bank 01/30/2017 1,000,000.00 980,630.00 1,000,000.00 1.750 1.726 1.750 637 07/30/2020 3130AAW38 01228 Federal Home Loan Bank 03/22/2017 1,000,000.00 994,720.00 1,000,000.00 1.500 1.479 1.500 1,237 03/22/2022 3130AB3N4 01231 Federal Home Loan Bank 04/28/2017 1,000,000.00 987,480.00 1,000,000.00 1.550 1.529 1.550 362 10/29/2019 3130ABYY6 01235 Federal Home Loan Bank 08/24/2017 1,000,000.00 974,010.00 1,000,000.00 1.750 1.726 1.750 846 02/24/2021 3130ACN83 01238 Federal Home Loan Bank 10/30/2017 1,000,000.00 982,760.00 1,000,000.00 1.700 1.677 1.700 561 05/15/2020 3130ADFV9 01241 Federal Home Loan Bank 01/29/2018 1,000,000.00 983,460.00 1,000,000.00 2.250 2.219 2.250 820 01/29/2021 3134G8QB8 01219 Federal Home Loan Mtg Corp 03/29/2016 1,000,000.00 995,220.00 1,000,000.00 1.270 1.253 1.270 148 03/29/2019 3134G8PP8 01220 Federal Home Loan Mtg Corp 03/30/2016 1,000,000.00 973,160.00 1,000,000.00 1.500 1.661 1.684 699 09/30/2020 3134GAXX7 01224 Federal Home Loan Mtg Corp 11/30/2016 1,000,000.00 999,050.00 1,000,000.00 1.000 0.986 1.000 29 11/30/2018 3134GBAB8 01229 Federal Home Loan Mtg Corp 03/27/2017 1,000,000.00 984,030.00 1,000,000.00 1.670 1.647 1.670 512 03/27/2020 3134GBGZ9 01232 Federal Home Loan Mtg Corp 04/27/2017 1,000,000.00 968,210.00 1,000,000.00 2.000 1.964 1.991 1,183 01/27/2022 3134GBNK4 01234 Federal Home Loan Mtg Corp 05/30/2017 1,000,000.00 981,460.00 1,000,000.00 1.625 1.603 1.625 575 05/29/2020 3134GBL42 01237 Federal Home Loan Mtg Corp 09/28/2017 1,000,000.00 976,350.00 1,000,000.00 1.670 1.647 1.670 697 09/28/2020 3134GBR95 01239 Federal Home Loan Mtg Corp 10/30/2017 1,000,000.00 988,590.00 1,000,000.00 1.625 1.603 1.625 363 10/30/2019 3134GSGF6 01242 Federal Home Loan Mtg Corp 03/15/2018 1,000,000.00 987,250.00 1,000,000.00 2.625 2.589 2.625 1,049 09/15/2021 3134GSMF9 01246 Federal Home Loan Mtg Corp 05/30/2018 1,000,000.00 987,710.00 1,000,000.00 3.000 2.959 3.000 1,667 05/26/2023 3136G2EC7 01205 Federal National Mtg Assn 02/27/2015 1,000,000.00 996,290.00 1,000,000.00 1.300 1.282 1.300 118 02/27/2019 3136G2WT0 01216 Federal National Mtg Assn 01/27/2016 1,000,000.00 983,800.00 1,000,000.00 1.450 1.430 1.450 452 01/27/2020 3136G2XH5 01217 Federal National Mtg Assn 02/24/2016 1,000,000.00 981,940.00 1,000,000.00 1.400 1.381 1.400 480 02/24/2020 3136G3CL7 01218 Federal National Mtg Assn 03/24/2016 1,000,000.00 973,300.00 1,000,000.00 1.420 1.401 1.420 693 09/24/2020 3136G3TE5 01221 Federal National Mtg Assn 06/29/2016 1,000,000.00 974,140.00 1,000,000.00 1.250 1.233 1.250 606 06/29/2020 3136G3X59 01222 Federal National Mtg Assn 08/23/2016 1,000,000.00 987,470.00 1,000,000.00 1.100 1.085 1.100 295 08/23/2019 3136G4ST1 01247 Federal National Mtg Assn 06/28/2018 1,000,000.00 992,120.00 1,000,000.00 2.800 2.762 2.800 970 06/28/2021 Data Updated: SET_MTH: 12/11/2018 11:49 Run Date: 12/11/2018 - 11:49 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 CUSIP Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Investments October 31, 2018 Page 5 Average Purchase Stated YTM YTM pays to 6Aourity Investment A Issuer Balance Date Pr Value Markel Value Book Value Roe 090 385 Maturity Date Subtotal and Average 25,000,000.00 25,000,000.00 24,590,580.00 25,000,000.00 1.097 1.720 080 Federal Agency Bullet Securities 3133EEHU7 01202 Federal Farm Credit Bank 01/14/2015 1,000,000.00 998,250.00 1,000,000.00 1.410 1.391 1.410 74 01/14/2019 3133EGJ30 01225 Federal Farm Credit Bank 11/18/2016 1,000,000.00 983,050.00 1,000,000.00 1.100 1.085 1.100 382 11/18/2019 3130A5MH9 01211 Federal Home Loan Bank 06/26/2015 1,000,000.00 998,480.00 1,000,000.00 1.360 1.341 1.360 55 12/26/2018 3130A8ZV8 01223 Federal Home Loan Bank 08/23/2016 1,000,000.00 986,760.00 1,000,000.00 1.000 0.986 1.000 295 08/23/2019 3130ABDX1 01233 Federal Home Loan Bank 05/24/2017 1,000,000.00 993,570.00 1,000,000.00 1.400 1.381 1.400 204 05/24/2019 3130AC3F9 01236 Federal Home Loan Bank 08/10/2017 1,000,000.00 989,830.00 1,000,000.00 1.420 1.853 1.878 300 08/28/2019 3130ADEB4 01240 Federal Home Loan Bank 01/12/2018 1,000,000.00 982,350.00 1,000,000.00 2.125 2.096 2.125 803 01/12/2021 3130ADR79 01243 Federal Home Loan Bank 03/20/2018 1,000,000.00 992,730.00 1,000,000.00 2.300 2.268 2.300 505 03/20/2020 3130ADSJ2 01244 Federal Home Loan Bank 03/08/2018 1,000,000.00 989,600.00 1,000,000.00 2,460 2.426 2.460 858 03/08/2021 3130ADXU1 01245 Federal Home Loan Bank 04/09/2018 1,000,000.00 993,540.00 1,000,000.00 2.320 2.288 2.320 434 01/09/2020 Subtotal and Average 10,000,000.00 10,000,000.00 9,909,180.00 10,000,000.00 1.712 1.735 391 Total and Average 129,898,604.29 120,990,647.55 120,416,958.50 120,990,647.55 1.945 1.972 169 Data Updated: SET_MTH: 12/11/2018 11:49 Run Date: 12/11/2018 - 11:49 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 CUSIP Portfolio Managment Treasury Report Portfolio Management Portfolio Details - Cash October 31, 2018 Average Purchase Stated YTM YTM Days to Investment 0 Issuer Balance Date Pr Value Market Value Book Value Rate 380 385 Maturity Passbook/Checking Accounts 1453718479 WORKERS COMP BANK OF AMERICA MERRILL LYNC 07/01/2018 10,956.33 10,956.33 10,956.33 0.000 0.000 1 SYSPetty Cash Petty Cash City of Temecula 07/01/2018 3,711.00 3,711.00 3,711.00 0.000 0.000 1 SYSGen Ck Acct Gen Ck Acct Union Bank of California 6,693,245.81 6,693,245.81 6,693,245.81 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2018 5,186.25 5,186.25 5,186.25 0.000 0.000 1 Average Balance 0.00 1 Page Total Cash and Investments 129,898,804.29 127,703,748.94 127,130,057.89 127,703,748.94 1.945 1.972 189 Data Updated: SET_MTH: 12/11/2018 11:49 Run Date: 12/11/2018-11:49 Portfolio TEME NL! CP PM (PRF_PM2) 7.3.0 Fund # Fund Name 001 GENERAL FUND 002 MEASURE S FUND 100 STATE GAS TAX FUND 102 RMRA-ROAD MAINTENANCE REHABILITATION ACT 103 STREETS MAINTENANCE FUND 120 DEVELOPMENT IMPACT FUND 125 PEG PUBLIC EDUCATION & GOVERNMENT 145 TEMECULA ENERGY EFFICIENCY ASSET TEAM 150 AB 2766 FUND 160 SUPPLEMENTAL LAW ENFORCEMENT SERVICES 161 TEMECULA MAJOR CRIMES REWARD FUND 165 AFFORDABLE HOUSING 170 MEASURE A FUND 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 198 PUBLIC ART 210 CAPITAL IMPROVEMENT PROJECT FUND 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 277 CFD-RORIPAUGH 278 CFD-RORIPAUGH II 300 INSURANCE FUND 305 WORKER'S COMPENSATION 310 VEHICLES AND EQUIPMENT FUND 325 TECHNOLOGY REPLACEMENT FUND 330 CENTRAL SERVICES 340 FACILITIES 350 FACILITY REPLACEMENT FUND 380 SARDA DEBT SERVICE FUND 381 REDEVELOPMEN PROPERTY TAX TRUST 460 CFD 88-12 DEBT SERVICE FUND 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 478 CFD-RORIPAUGH II 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 530 SERVICE LEVEL"C"ZONE 30 FUTURE ZONES 701 PENSION RATE STABILIZATION FUND Grand Total: Cash and Investments Report CITY OF TEMECULA Through October 2018 Beainnina Balance Receipts Disbursements Fund Total $ 25,406,365.16 $ 7,474,611.03 $ 5,037,455.32 $ 27,843,520.87 2,905,260.02 144.45 2,905,115.57 386,055.29 354,741.02 386,036.10 176,609.02 373,324.71 134.23 17.41 350,116.82 127,032.58 88.97 1,789,408.79 1,793.15 1,862.97 308,402.36 831.82 9.48 190,655.90 422.67 6.59 132,486.34 91,201,12 94,860.93 91,196.59 113.72 1.30 26,064.20 1,617.15 26,935.81 745,659.30 546,293.20 231,050.06 3,780,558.25 208,291.05 921,696.17 836,088.70 4,332.24 74,027.15 54,305.02 50,416.67 5,540.99 251,858.95 315.60 1.34 27,041.04 1,036.22 10,663.54 322,367.97 10,496.99 27,361.36 436,639.97 913.45 1.62 32,595.31 2,113,137.73 5,455,368.17 23,796,017.28 408.57 270,580.71 84,525.99 48,965.86 16,052,097.80 9,855.90 324.04 6,526,837.04 83,714.00 28,930.23 206,815.28 204, 559.19 16,689.91 1,513,285.46 9,600.16 126.01 2, 534, 354.53 9,803.08 352,724.88 305,537.07 632.61 22,680.07 292,990.71 769.84 113,378.36 176,899.39 47.93 51,503.66 73,517.61 1,384,929.26 1,365,343.08 13,269,718.27 12,285.14 169.04 3,399,705.24 398.83 4.55 91,410.33 1,304.33 390.28 630,937.04 7,203.34 1,604.08 1,754,211.20 164.47 526.47 100,925.08 10,481.15 459.73 2,035,174.24 1,850.09 377.38 372,235.27 1,561.49 400.15 829,758.32 5,960.46 968.88 3,356,334.96 36.30 3,175.41 2,131.24 304.93 2,737.56 73,997.03 74.49 3,292.43 18,119.82 6.28 489.63 2,046.32 36.87 3,017.67 12,356.44 90.93 1,475.97 22,129.29 147.86 13,929.12 53,752.23 101.48 317.63 23,815.10 29.85 838.32 8,882.18 9.18 170.11 2,010.96 206.05 7,747.88 66,370.33 45.07 3,723.84 11,831.37 13.46 1,293.18 2,833.53 9.25 601.28 3,603.80 166.17 3,028.77 41,133.64 3.39 162.49 777.26 74.95 7,050.32 24,212.22 312.48 3,761.09 82,031.06 483.75 14, 573.55 138, 370.47 496.16 17,914.16 165,266.01 19.14 327.75 5,139.18 54.29 592.17 14,179.69 133.46 12,777.36 37,671.63 144.60 2,761.68 42,998.09 1.26 170.35 360.33 21.80 1,304.94 5,268.46 1,378.94 18,060.68 377,950.62 151.74 1.73 34,779.74 337,623.21 $ 7,756,578.97 354,721.83 196,715.69 350,000.00 1,662,465.18 308,472.18 189,833.56 132,070.26 94,856.40 25,951.78 770,977.96 3,465,315.11 1,549,493.82 123,999.93 206,983.27 26,726.78 331,995.29 453,504.34 31,683.48 27,138,247.72 270,172.14 16,016,537.67 6,517,305.18 152,031.51 1,325,416.18 2,524,880.38 648,458.87 315,038.17 289,507.91 124,973.34 13,250,132.09 3,387,589.14 91,016.05 630,022.99 1,748,611.94 101,287.08 2,025,152.82 370,762.56 828,596.98 3,351,343.38 5,270.35 76,429.66 21,337.76 2,529.67 15,337.24 23,514.33 67,533.49 24,031.25 9,690.65 2,171.89 73,912.16 15,510.14 4,113.25 4,195.83 43,996.24 936.36 31,187.59 85,479.67 152,460.27 182,684.01 5,447.79 14,717.57 50,315.53 45,615.17 529.42 6,551.60 394,632.36 34,629.73 $ 8,094,202.18 $ 126,278,179.28 $ 15,935,524.91 $ 15,083,646.30 $ 127,130,057.89 Journal Entries completed after September's Treasurer's Report was issued are reflected in the Receipts / Disbursements columns. Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance Lisa McConnell, Chief of Police DATE: January 8, 2019 SUBJECT: Approve the Second Amendment to the Agreement for Law Enforcement Services with the County of Riverside to Increase Patrol Coverage for the City PREPARED BY: Tricia Hawk, Budget Manager RECOMMENDATION: That the City Council approve the Second Amendment to the Agreement for Law Enforcement Services with the County of Riverside, adjusting the patrol coverage from 200 hours per day to 205 hours per day. BACKGROUND: Measure S, approved by the voters on November 8, 2016, established a one -cent Transactions and Use Tax for the City. The measure was approved based on the commitment to maintain 9-1-1 emergency response times, prevent cuts to local paramedic, police, fire protection, school safety patrols, youth/after-school, senior and disabled services; improve freeway interchanges, reduce traffic and provide for other general services. The increase in patrol hours, funded by Measure S, will bring the Police Department to 112 sworn officers, maintaining the City's commitment of one officer per 1,000 residents, as described in the City's General Plan. Once approved by the City Council, the amended Agreement will be forwarded to the Riverside County Board of Supervisors for County approval. FISCAL IMPACT: The fully burdened annual cost of one police officer position is $342,161, and is included in the FY2018-19 Police Department Operating Budget. ATTACHMENTS: Second Amendment Original 1 of 3 SECOND AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside, a political subdivision of the State of California, on behalf of the Riverside County Sheriff's Department, and the City of Temecula, a General Law City, approved by the Board of Supervisors on April 5, 2016, for services effective July 1, 2015 through June 30, 2020, as amended on April 11, 2017, is hereby amended in the following respects, and all other terms and conditions of the Agreement remain in full force and effect: Attachment A is amended to read as follows: ATTACHMENT A CITY OF TEMECULA LEVEL OF SERVICE Average Patrol Services 205 supported hours per day. (Equivalent of forty-two (42) Deputy Sheriff positions @ 1,780 annual productive hours per position standard.) Dedicated Positions Two (2) Sheriff's Lieutenant positions Three (3) Sheriff's Sergeant positions Five (5) Deputy Sheriff (fully supported) positions - Special Enforcement Team Four (4) Deputy Sheriff (fully supported) positions - Mall Officers Seventeen (17) Deputy Sheriff (fully supported) positions - Traffic/Motorcycle Team Eight (8) Deputy Sheriff (fully supported) positions - POP Team Two (2) Deputy Sheriff. (fully supported) positions - K-9 Deputies One (1) Deputy Sheriff (fully supported) position - Pechanga Intergovernmental Agreement One (1) Deputy Sheriff (unsupported) position - Gang Task Force Two and One Half (2.5) Deputy Sheriff (unsupported) positions - School Resource Officers Seventeen (17) Community Service Officer II positions IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. CITY OF TEMECULA Date: By: Michael S. Naggar, Mayor Date: ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter Thorson, City Attorney COUNTY OF RIVERSIDE By: Chuck Washington, Chairman Riverside County Board ofSupervisors ATTEST: APPROVED AS TO FORM: Kecia Harper-Ihem Greg P. Priamos Clerk of the Board County Counsel By: Deputy By: Susanna Oh Deputy County Counsel 2 Original 2 of 3 SECOND AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside, a political subdivision of the State of California, on behalf of the Riverside County Sheriff's Department, and the City of Temecula, a General Law City, approved by the Board of Supervisors on April 5, 2016, for services effective July 1, 2015 through June 30, 2020, as amended on April 11, 2017, is hereby amended in the following respects, and all other terms and conditions of the Agreement remain in full force and effect: Attachment A is amended to read as follows: ATTACHMENT A CITY OF TEMECULA LEVEL OF SERVICE Average Patrol Services 205 supported hours per day. (Equivalent of forty-two (42) Deputy Sheriff positions @ 1,780 annual productive hours per position standard.) Dedicated Positions Two (2) Sheriffs Lieutenant positions Three (3) Sheriffs Sergeant positions Five (5) Deputy Sheriff (fully supported) positions - Special Enforcement Team Four (4) Deputy Sheriff (fully supported) positions - Mall Officers Seventeen (17) Deputy Sheriff (fully supported) positions - Traffic/Motorcycle Team Eight (8) Deputy Sheriff (fully supported) positions - POP Team Two (2) Deputy Sheriff (fully supported) positions - K-9 Deputies One (1) Deputy Sheriff (fully supported) position - Pechanga Intergovernmental Agreement One (1) Deputy Sheriff (unsupported) position - Gang Task Force Two and One Half (2.5) Deputy Sheriff (unsupported) positions - School Resource Officers Seventeen (17) Community Service Officer II positions IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. CITY OF TEMECULA Dated: By: Michael S. Naggar, Mayor Date: ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter Thorson, City Attorney COUNTY OF RIVERSIDE By: Chuck Washington, Chairman Riverside County Board ofSupervisors ATTEST: APPROVED AS TO FORM: Kecia Harper-Ihem Greg P. Priamos Clerk of the Board County Counsel By: By: Deputy Susanna Oh Deputy County Counsel 2 Original 3 of 3 SECOND AMENDMENT TO AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA IT IS MUTUALLY AGREED that the Agreement for Law Enforcement Services between the County of Riverside, a political subdivision of the State of California, on behalf of the Riverside County Sheriffs Department, and the City of Temecula, a General Law City, approved by the Board of Supervisors on April 5, 2016, for services effective July 1, 2015 through June 30, 2020, as amended on April 11, 2017, is hereby amended in the following respects, and all other terms and conditions of the Agreement remain in full force and effect: Attachment A is amended to read as follows: ATTACHMENT A CITY OF TEMECULA LEVEL OF SERVICE Average Patrol Services 205 supported hours per day. (Equivalent of forty-two (42) Deputy Sheriff positions @ 1,780 annual productive hours per position standard.) Dedicated Positions Two (2) Sheriff's Lieutenant positions Three (3) Sheriff's Sergeant positions Five (5) Deputy Sheriff (fully supported) positions - Special Enforcement Team Four (4) Deputy Sheriff (fully supported) positions - Mall Officers Seventeen (17) Deputy Sheriff (fully supported) positions - Traffic/Motorcycle Team Eight (8) Deputy Sheriff (fully supported) positions - POP Team Two (2) Deputy Sheriff (fully supported) positions - K-9 Deputies One (1) Deputy Sheriff (fully supported) position - Pechanga Intergovernmental Agreement One (1) Deputy Sheriff (unsupported) position - Gang Task Force Two and One Half (2.5) Deputy Sheriff (unsupported) positions - School Resource Officers Seventeen (17) Community Service Officer II positions 1 IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chairman of said Board and sealed and attested by the Clerk of said Board, all on. the dates indicated below. CITY OF TEMECULA Dated: By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter Thorson, City Attorney COUNTY OF RIVERSIDE Date: By: Chuck Washington, Chairman Riverside County Board ofSupervisors ATTEST: APPROVED AS TO FORM: Kecia Harper -them Greg P. Priamos Clerk of the Board County Counsel By: Deputy By: Susanna Oh Deputy County Counsel 2 Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 8, 2019 SUBJECT: Approve Annual Legislative Platform for Calendar Year 2019 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the annual Legislative Platform for calendar year 2019. BACKGROUND: On May 12, 2015, the City Council approved the City's first Legislative Platform. The Platform is a compilation of general and City -specific policy statements. The general policy statements reflect commonly -accepted positions on matters pertaining to local governance of cities in the State of California. The City -specific policy statements reflect positions that the City of Temecula has directly and collectively taken in the past. All policy statements in the Platform are consistent with the policies outlined in the City of Temecula's governing documents (i.e., General Plan, Specific Plan, Quality of Life Master Plan, Trails and Bikeways Master Plan, Youth Master Plan, etc.) The Platform is adopted annually by the City Council at the beginning of each year and reflects legislative changes and positions taken in the prior year. The previous year was the second year of a two-year session. The only substantive change was the addition of the following bullet point to the general principles under Community Services on page three of the attachment: "Support legislation and funding associated with comprehensive strategies to solve homelessness consistent with the City's Responsible Compassion program." Given the number of bills that are expected on this topic next session, and the City's growing efforts with its own program, this bullet point will help facilitate efficient and effective response to related legislation. The City's state and federal lobbyists will receive the updated platform after adoption. FISCAL IMPACT: None ATTACHMENTS: 2019 Legislative Platform CITY OF TEMECULA 2019 STATE AND FEDERAL LEGISLATIVE PLATFORM Approved: January 8, 2019 The Legislative Platform is a tool to protect and promote the City's interests on priority issues and legislative/regulatory matters that may impact the City at the state and federal level. The guiding principles and policy statements below allow City staff and legislative advocates to address legislative and regulatory issues in a timely and directed manner, without precluding City Council consideration of additional legislative matters arising throughout the year. This platform supplements existing City Council established goals and policies in various documents including the City's General Plan and Quality of Life Master Plan (QLMP). GUIDING PRINCIPLES Preservation of Local Control Support measures that preserve and protect the City's general law powers and duties to enact legislation and policy direction concerning local affairs. Oppose measures that preempt local authority. II. Promotion of Fiscal Stability Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve and promote the City's revenue base. Oppose measures that mandate costs with no guarantee of local reimbursement or offsetting benefit. Oppose measures that shift local funds to the county, state or federal government, without offsetting benefit. III. Support Funding Opportunities Support measures that allow the City to compete for its fair share of regional, state and federal funding including competitive grants and other funding programs. Support measures that promote dedicated funding streams at the regional, state and federal levels allowing the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. 1 POLICY STATEMENTS ADMINISTRATIVE SERVICES General Area of Review: Elections, Ralph M. Brown Act, Public Records Act, Political Reform Act, conflict of interest, insurance, tort reform and open and transparent government. General Policy Statements: • Supports legislation that recognizes the need to conduct the public's business in public. • Support legislation to allow alternative methods of meeting public notice requirements and enhancing them through the use of cost effective and innovative, technology friendly methods of communication. • Support legislation to improve and streamline the Political Reform Act and its implementation through regulations. • Support legislation that would allow a city presented with an allegation of a violation of the California Voter Rights Act (CVRA) to address the allegation before any person may file a lawsuit related to the alleged violation. • Support legislation to reduce unnecessary and costly procedures for conducting a municipal election. • Oppose legislation that mandates costly and unnecessary procedures related to the election process. • Support legislation providing city councils more flexibility to fill city council vacancies including extending the appointment period to fill a vacancy. • Support legislation to allow cities to conduct mail ballot elections when appropriate to reduce the cost of elections and increase voter turnout. • Support legislation that limits the exposure of local governments to lawsuits related to liability, including unimproved natural conditions and design immunity. City -Specific Policy Statements: • Resolution No. 03-22 — Support legislation that preserves the ability of public agencies to have a meaningful invocation as a free speech right during public meetings. • Resolution No. 04-41 — Oppose legislation that would prohibit or limit the ability of local government to conduct Closed Session consistent with the Ralph M. Brown Act. • Resolution No. 05-88 — Support legislation and funding that preserves and protects local authority over cable and video services ensuring the ability of local governments to meet their public, educational and government (PEG) access needs. • Resolution No. 09-50 — Support legislation that allows legal notices to be published electronically on the City's website. • Resolution No. 09-71 — Support legislation to apply the Ralph M. Brown Act to the State Legislature, including provisions requiring advance notice and publication of matters to be voted upon. • Resolution No. 11-49 — Support legislation that provides the City with an ability to be represented by one congressional district. • Resolution No. 12-40 — Support legislation to assist California businesses to comply with the Americans with Disability Act without frivolous lawsuits. • Minute Order (3/10/15) — Oppose legislation that broadly mandates district -based election systems in cities without analyzing the specific needs of a community. (2015 — oppose AB 278 (Hernandez): District Based Elections) 2 COMMUNITY SERVICES General Area of Review: Parks, recreation, libraries, cultural arts, youth, community and human services programs. General Policy Statements: • Support legislation and funding for the development and preservation of open space consistent with the City's General Plan, Trails and Bikeways Master Plan and other related policies. • Support legislation and funding for the construction, rehabilitation and maintenance of public facilities, parks and open space. • Support legislation and funding for overall youth programs consistent with the City's Youth Master Plan. • Support legislation and funding for policies and programs that promote the overall health and wellness of families, veterans, seniors and youth in the City. • Support legislation and funding for youth -related prevention and intervention programs, including after school educational and recreational programs. • Support legislation and funding associated with comprehensive strategies to solve homelessness consistent with the City's Responsible Compassion program. City -Specific Policy Statements: • Resolution Nos. 99-88 and 06-38 — Support legislation and funding for the construction and improvement of community libraries and the program services provided at library facilities. • Resolution No. 00-02 — Support legislation and funding for state and local park projects and allow urban areas to expand recreation facilities to serve youth, seniors and families. • Resolution No. 08-76 — Support legislation and funding to provide assistance to Vietnam veterans exposed to Agent Orange. • Resolution No. 09-80 — Oppose legislation that would bar or severely limit physician - owned hospitals or otherwise negatively impact health care access in our region. • Resolution No. 11-36 — Support legislation that extends qualified immunity to local public agencies that operate public skateboarding parks indefinitely. • Resolution No. 11-48 — Oppose legislation increasing notification requirements for cities that want to opt out of the county free library system to outsource the administration and operation of their libraries to a private for profit company. • Resolution No. 11-69 — Support legislation requiring private insurance companies to cover autism treatment. • Minute Order (6/10/14 and 3/10/15) — Support legislation that provides greater opportunities for higher education learning in the City. (2015 — Support AB 288 (Holden): College and Career Access Partnerships) EMPLOYEE RELATIONS General Area of Review: Labor relations, employee relations and other matters related to human resources. 3 General Policy Statements: • Support legislation that increases local control and limits additional financial burdens related to employee relations and collective bargaining that can be appropriately negotiated at the bargaining table. City -Specific Policy Statements: • Resolution No. 97-77 — Support legislation that preserves the ability of local, regional and state government to contract with private firms on a competitive basis to design projects. ENVIRONMENTAL QUALITY General Area of Review: Air, water and water quality, climate change, CEQA, integrated waste management, hazardous materials, coastal issues, and utilities. General Policy Statements: • Support legislation and funding to create a sustainable and stable water supply, encourage conservation of water resources and reduce urban runoff pollution. • Support legislation and funding for renewable energy and advanced technologies that reduce energy use while providing a public benefit that is greater than the cost of compliance. • Support legislation and funding for local government energy efficiency and renewable energy programs. • Support legislation and funding for recyclable materials markets while maintaining local authority and flexibility to regulate solid waste and recyclables. City -Specific Policy Statements: • Resolution No. 95-37 — Support legislation that provides adequate safeguards to ensure conservation of threatened and endangered wildlife resources while balancing significant quality of life and financial impacts on local communities. • Resolution Nos. 96-126 and 97-59 — Support legislation and funding for flood control and prevention programs, including those that affect Murrieta Creek and Temecula Creek. • Resolution Nos. 98-36 and 08-78 — Support legislation and funding for the development of new technology to promote clean fuel and combat air pollution while providing a public benefit that is greater than the cost of compliance. • Resolution No. 99-49 — Support legislation and funding for a safe, clean and reliable water supply for California. • Resolution No. 08-77 — Support legislation that reduces emissions from marine vessels affecting air quality while providing a public benefit greater than the cost of compliance. • Resolution No. 11-81 — Support legislation to expand wilderness areas that enhance local tourism and improve recreational opportunities for future generations. 4 HOUSING, COMMUNITY, ECONOMIC DEVELOPMENT General Area of Review: Land use, development, annexation and incorporation, building standards, economic development, redevelopment and enterprise zones, mobile home and sign regulations. General Policy Statements: • Support legislation and funding to strengthen the capability of local agencies to prepare, adopt and implement plans for responsible growth, development, zoning, and annexations. • Support legislation and funding for the adoption of effective state building codes to promote community building safety and mitigation of natural hazards. • Support legislation and funding for the adoption of effective and clear green building standards in the California Building Code while providing a public benefit that is greater than the cost of compliance. • Support legislation and funding programs that promotes the development and enhancement of safe, affordable, and accessible housing within the City for all economic segments of the population. • Support legislation and funding for improvements to housing element law to provide clear processes and flexibility to allow regional cooperation and establish realistic housing goals and performance standards. • Support legislation that promotes the fair and effective distribution of State infrastructure bond funds consistent with the needs of diverse local cities. • Support funding mechanisms that encourage and facilitate infrastructure development and economic development. • Support legislation that streamlines the redevelopment dissolution process with consistency and equitability. • Support legislation to retain existing fees on telecommunications services and for public, educational and governmental channels. • Oppose legislation to restrict the authority of cities to zone and plan for the deployment of telecommunications infrastructure. • Support legislation that promotes the ability of cities to maintain and manage the public right-of-way and receive compensation for its use. City -Specific Policy Statements: • Resolution No. 96-53 — Oppose legislation to prohibit the concurrent sale of fuel and alcohol negatively impacting local businesses. • Resolution No. 04-44 — Oppose legislation that limits the ability of local government to determine conditions for approval for local projects and transfers local land use authority to the State. • Resolution No. 04-83 — Support legislation exempting hot air balloons from PUC regulations that require accident liability insurance as commercial air operators and aircraft. • Resolution No. 10-64 — Support legislation that permits the shipment of wine directly to consumers without discrimination between in-state and out-of-state wine producers. 5 • Resolution No. 12-66 — Support legislation prohibiting bulk sales of real estate owned properties by the FHFA to investors converting them into rental properties. • Minute Order (8/23/11) — Oppose legislation for quarry projects within the City's boundaries or sphere of influence. PUBLIC SAFETY General Area of Review: Law enforcement, fire and life safety, emergency communications, emergency services, disaster preparedness, Indian gaming, and nuisance abatement. General Policy Statements: • Support legislation to provide a greater share of and increased latitude to spend asset forfeiture funds. • Support legislation to improve local law enforcement, fire suppression and prevention, hazardous materials mitigation, rescue, emergency medical services, and disaster preparedness. • Support legislation to reimburse the City for overtime costs paid to public safety personnel who are required to appear in State and/or County courts. • Support legislation to grant state and federal funding to supplement local law enforcement to increase staffing, equipment and capital improvements to maintain public safety. • Support legislation and funding to provide law enforcement/public safety agencies greater access to wireless communication necessary to support a national wireless broadband network capable of use by any public safety entity to serve and protect communities throughout the nation. • Support legislation and funding that promotes comprehensive and effective drug and alcohol education and rehabilitation programs. • Support legislation and funding to assist local law enforcement to reduce crimes related to illicit drugs, burglary, and assault, including domestic violence, and sobriety and driver's license checkpoints. • Support legislation to prohibit the manufacture, import, sale and use of dangerous synthetic substances that mimic marijuana, methamphetamine and heroin. • Support legislation that prevents juvenile access to alcohol and illegal drugs. • Support legislation to deter drivers from operating motor vehicles while under the influence of alcohol and drugs. • Oppose legislation to expand "early release" for low-risk serious and violent offenders without an increase in sustained funding to ensure responsible supervision by parole agents and for local agencies that provide post -release supervision. • Support legislation that provides frontline funding for police services associated with the "early release" of state prisoners as a result of state -mandated criminal justice realignment provisions. • Support legislation and funding to strengthen and enforce legal protections for all individuals who are victims of crime, including minors and victims of family violence and sexual assault. • Support legislation to maintain or increase funding for shelters, victim advocacy, trauma and crisis counseling and related mental health services, to assist victims of violent crime, especially minors and victims of family violence and sexual assault. 6 • Support legislation and funding to coordinate homeland security programs. training and emergency response efforts among federal, state, and local governments with clearly defined roles and responsibilities. • Support legislation and funding for Urban Area Security Initiative ("UASI") and other funding initiatives administered by the Department of Homeland Security to enhance the City's ability to respond to regional or national threats. • Support legislation and funding to secure adequate frequencies and communications systems for multi -jurisdictional connectivity for public safety and protect the frequencies from intrusion. • Support legislation to increase Emergency Management Performance grant funding retaining flexibility in use of funds for emergency preparedness training, disaster events and disaster communication efforts. • Support legislation and funding to treat and assist the needs of at -risk juvenile offenders and juveniles placed on court-ordered formal probation. • Support legislation and funding for programs that protect youth from tobacco, alcohol and drug use, and related prevention and intervention programs including gang prevention and after-school programs. City -Specific Policy Statements: • Resolution No. 97-87 — Support legislation and funding to promote and preserve the ability of local government to control public safety issues in their communities. (2015 — Oppose AB 718 (Chu): Vehicle Use for Human Habitation) • Resolution No. 02-71 - Support legislation and funding for the Emergency Alert System to inform the public of Amber Alerts and related information. • Resolution Nos. 02-73 and 04-22 — Support legislation and funding for public dissemination of information by the Department of Justice pursuant to Megan's Law. • Resolution No. 06-17 — Support legislation and funding to improve interactions between wireless service providers and law enforcement during emergency situations. • Minute Order (9/22/92) — Support legislation that provides municipal immunity for high speed pursuits. • Minute Order (1/11/94) — Support legislation that strengthens anti -pornography laws. • Minute Order (8/9/94) — Support legislation and funding for graffiti abatement programs. REVENUE AND TAXATION General Area of Review: Finance administration, taxation reform, general and special revenue and revenue sources at the federal, state and local levels. General Policy Statements: • Support legislation and funding for the preservation and enhancement of the City's ability to generate and retain sales and use tax revenue, and local point-of-sale revenue allocations. • Oppose legislation to reduce or remove tax-exempt status of municipal bonds. • Oppose legislation to alter the manner by which transient occupancy taxes are calculated and collected to the City's detriment. 7 • Support legislation and funding that preserves and enhances a positive business climate and maintains and grows the business tax base. City -Specific Policy Statements: • Resolution No. 91-26 — Support legislation that limits the ability to redistribute existing revenue sources amongst schools, cities, counties and special districts as a solution to address service levels. • Resolution No. 95-90 — Support legislation that ensures the equitable distribution of sales tax revenue between the state and local government, specifically cities. • Resolution No. 96-62 — Oppose legislation that restricts cities from generating new development revenues and erodes revenue generation and taxing authority of local government. • Resolution No. 02-26 — Oppose legislation limiting the ability of cities to decide how sales tax revenues are distributed for local vital and essential services, including police and fire protection, street repair and lighting, libraries, parks and other services. • Resolution No. 03-27 — Support legislation that preserves the ability to allocate revenue from the Indian Gaming Special Distribution Fund to local governments impacted by tribal gaming. • Resolution Nos. 91-41, 03-137, 08-82 and 10-22 — Support legislation that requires voter approval before the state can appropriate local tax funds to fund state operations and responsibilities or outwardly prohibits the borrowing or taking of such funds. • Resolution No. 04-64 — Oppose legislation diluting the amount of funds to counties and cities to mitigate impacts from tribal gaming. • Resolution Nos. 02-123 and 12-67 — Support legislation and funding that enhances or preserves current level of Vehicle License Fees (VLF) and protects VLF allocation to newly incorporated cities and cities with inhabited annexations that rely on VLF revenues. • Resolution No. 10-56 — Support legislation that provides tax benefits as an incentive for people to utilize public transit to commute to work. • Resolution Nos. 11-15 and 12-26 — Support legislation and funding that provides alternatives to the dissolution of redevelopment agencies in California. TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS General Area of Review: Transportation, construction, telecommunications and general public works related areas. General Policy Statements: • Support legislation to ensure the City receives its fair share of transportation revenue and increase funding for local transportation and transit programs and projects. • Support legislation to protect dedicated transportation -related tax revenues and enhance the ability of local agencies to finance local transportation programs and facilities, including the gas tax and bond funds. • Support legislation that gives priority to self-help and "super" self-help counties when allocating bond funding and other transportation funding mechanisms. • Support legislation to improve access and funding to public transportation. • Support legislation and funding mechanisms that support and encourage the use of transit and non -motorized transportation. 8 • Support legislation that enhances the safety of city streets and arterials for vehicular, bicycle, and pedestrian traffic. • Support legislation that will reduce traffic congestion and support regional transportation programs. • Support legislation and funding opportunities for upgrades and/or separations for at - grade crossings. • Support legislation that increases local flexibility in the allocation of transportation capital funds. • Support legislation that encourages the use of design -build methods to facilitate a faster, stream -lined approach to project delivery. • Oppose legislation to eliminate or restrict the use of Riverside County State Improvement Transportation Funds, federal transportation funding, Measure A, or Gas Tax funding for local transportation projects City -Specific Policy Statements: • Resolution No. 90-56 — Support legislation that creates flexibility for the use of all available State revenues for the maintenance and improvement of highway and mass transit projects without reducing funds for other state programs. • Resolution No. 97-79 — Support legislation and funding that ensures trucks entering and traveling through California meet U.S. safety and environmental standards. • Resolution No. 99-66 — Support legislation to allow state and local government agencies to use private architects and engineers thereby supporting the Fair Competition and Taxpayer Savings Act. • Resolution No. 04-23 — Oppose legislation that will limit or impose restrictions on the City compromising its ability to properly control, operate and maintain SR 79N and SR 79S. • Resolution No. 04-54 — Support legislation and funding for federal transportation infrastructure and programs. (2015 — Support SB 16 (Beall): Transportation Funding) • Resolution No. 04-127 —Support legislation and funding to improve local, state and federal infrastructure including highways, bridges, railways, transit systems, airports, harbors, water, and wastewater systems. • Resolution 09-36 — Support legislation and funding for the Federal Safe Routes to School (SRTS) program pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act, including funding for crossing guards, engineering improvements around schools, traffic calming measures, improved street crossings, sidewalks, bike lanes, and walkways to create safer routes to school. • Resolution No. 07-26 — Support legislation providing expedited review of projects by the Department of Transportation where local funds have been contributed towards a state highway project by local or regional agencies. • Minute Order (3/25/14) — Support legislation and funding that provides for bicycle and pedestrian infrastructure. 9 Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 8, 2019 SUBJECT: Receive Report Regarding Status of Existing Vacancies on the Community Services Commission PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council receive the report regarding the status of the existing vacancies on the Community Services Commission. BACKGROUND: On December 11, 2018, a vacancy was created on the Community Services Commission when Council Member Schwank was sworn in as a new Council Member. In addition, on December 20, 2018 the City received a letter of resignation due to relocation from Commissioner Cecilie Nelson with an effective resignation date of December 31, 2018. When such unscheduled vacancies occur, Government Code Sections 54973 and 54974 require the posting of a special vacancy notice not earlier than 20 days before nor later than 20 days after the vacancy occurs. The relevant notice was posted on December 20, 2018 and published on December 22, 2018. The law also states that the legislative body may not make the final appointment to the commission for at least 10 working days after the notice is posted. Appointment is expected to be made at the January 22, 2019 regularly scheduled meeting. The City Council will consider all applications received during the new application period of December 26, 2018 — January 10, 2019, as well as applications received previously for the Community Services Commission during the October 2018 recruitment. FISCAL IMPACT: None ATTACHMENTS: None Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 8, 2019 SUBJECT: Approve Annual Boards and Commissions Handbook for Calendar Year 2019 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the annual Boards and Commissions Handbook for calendar year 2019. BACKGROUND: The City Council first approved the Boards and Commissions Handbook on February 26, 1991. The handbook was subsequently amended on April 25, 2006 to include additional appointment guidelines. On December 9, 2014, the City Council approved a wholesale update to the handbook to reflect changes in the law, current practices and procedures, and the general role and authority of board and commission members. The handbook is brought to the City Council annually at the beginning of each year ensuring that the document remains current while providing the City Council with an opportunity to consider any additional changes that may be desired. There are no substantive changes proposed to the 2019 handbook. Minor administrative changes include reference to the year and name/title changes for Council and staff. The 2019 Boards and Commissions Handbook will be distributed electronically to the City Council, Board and Commission Members and staff after final approval by the City Council. FISCAL IMPACT: None ATTACHMENTS: Handbook Cityof T Boards and Commissions Handbook OF T E11Tje Gti �e . 7.• , a 1. • 4 1989-‘ isiw o Updated January 8, 2019 TABLE OF CONTENTS Section 1 Letter of Welcome Section 2 Role & Authority Section 3 Policies and Procedures Section 4 Relevant Municipal Code Sections Section 5 AB 1234 Ethics Training Section 6 Statement of Economic Interest Section 7 Summary of Conflict of Interest Laws Section 8 Summary of Brown Act Laws Section 9 Summary of Public Records Laws Section 10 Resource List SECTION 1 City of Temecula 41000 Main Street • Temecula. CA 92590 Phone (951)694-6444 • Fax (951) 694-6449 • www.cityofemecula.org Dear Board or Commissioner Member: On behalf of the City Council and the citizens of Temecula, welcome to your new or continuing role in the community The City of Temecula is fortunate to have dedicated citizens like you who are willing to share their experience and knowledge through service on a City board or commission. The mission statement for the City of Temecula reads as follows: "The mission of the City of Temecula is to maintain a safe, secure, clean, healthy, and orderly community; to balance the utilization of open space, parks, trail facilities, quality jobs, public transportation, diverse housing, and adequate infrastructure; and to enhance and revitalize historic areas. The City will encourage programs for all age groups, utilize its human resources, and preserve its natural resources while stimulating technology, promoting commerce, and utilizing sound fiscal policy. It is the City Council's resolve that this mission will instill a sense of pride and accomplishment in its citizens and that the City will be known as a progressive, innovative, balanced, and environmentally sensitive community." As a board or commission member, you will play an important role in the achievement of this mission. Your ideas and advice on a variety of City issues will assist the City Council in fulfilling its responsibilities to our citizens. In addition, your service will give you an opportunity to increase your knowledge about municipal government operations and you will see the results of your work with fellow members put into action by the City Council, City Manager and City departments. Thank you for accepting this responsibility and challenge. Your service to our community is greatly appreciated. We hope that you will find your service as a board or commission to be both enjoyable and rewarding. Sincerely, Michael S. Naggar Mayor SECTION 2 THE COMMISSIONER'S ROLE AND AUTHORITY The primary role of the City boards and commissions is to encourage increased public input and citizen participation in the determination of City policies and procedures. City boards and commissions are not involved in the administration or operation of City departments. Board and commission members may not direct administrative staff to initiate programs, conduct major studies, or establish official policy without the approval of the City Council. However, City staff members are available to provide general staff assistance to boards and commissions. Despite boards and commissions differing tasks, all share some basic responsibilities. Members need to stay informed on subjects of interest to their specific board or commission. The City Council of the City of Temecula encourages and provides opportunities for continuing education to assist the members of City boards and commissions in the conduct of their duties. Conscientious attendance is also a fundamental responsibility, as irregular attendance lessens one's ability to study all aspects of items under consideration. Three unexcused, consecutive absences constitute a vacancy of office. Upon appointment to a board or commission, staff from the City Clerk's department will provide a formalized orientation to provide a thorough review of the Boards and Commissions Handbook; including the Brown Act and conflicts of interest. A more detailed orientation related to specific board and commission issues will be addressed by the lead department. Each member of a board or commission is encouraged to • Occasionally attend City Council meetings • Attend another board or commission meeting to better understand roles and develop relationships • Make presentations at board or commission meetings • Participate in subcommittee opportunities • Participate in a board or commission self-assessment once a year All members are expected to regularly attend their respective board or commission meetings, and attend and support City special events. Community Services Commissioners are also expected to regularly visit all park sites and City facilities being mindful of their intended service to the public. CS Commissioners are encouraged to be engaged with a "license to be creative". Planning Commissioners are also expected to have a firm understanding of the City's General Plan, the Zoning Code, and Standard Conditions of Approval. They are encouraged to visit properties that have submitted applications or are pending review. Planning Commissioners need to disclose their visits and observations at the public hearing on the matter in order so that the applicant has the opportunity to comment on whatever the Planning Commissioner may have observed. Old Town Local Review Board Members are also expected to have an understanding of the General Plan, as well as the Old Town Specific Plan, be familiar with the history of Old Town and regularly visit Old Town facilities Public/Traffic Safety Commissioners are also expected to exercise vigilance for traffic/safety hazards and reporting of graffiti; be proactive with respect to public safety and emergency management; become familiar with neighborhoods and communities; occasionally volunteer at DUI check points; and perform periodic inspections of and visits to City facilities. Incoming board and commissioner members are encouraged to utilize the following checklist in their first year of service to help them get more acquainted with the City, its values, operational structure, and their board or commission's primary area of focus: All Board or Commission Members: ✓ Attend at least four City Council Meetings ✓ Attend City Sponsored Special Events (i.e., Fourth of July Parade/Fireworks Celebration. Holiday Parade, Ribbon Cuttings/Dedication Ceremonies, etc.) ✓ Meet with the City Council Commission/Board Liaison to Review Role and Expectations ✓ Meet with the City Manager and/or Assistant City Manager to Review current City Priorities ✓ Meet with the City Clerk and/or Designee to Review Disclosure Filing and Ethics Training Requirements ✓ Attend an HOA Meeting ✓ Visit the Saturday Morning Old Town Farmer's Market Community Services Commission: ✓ Visit each of the City's Park Sites ✓ Visit each of the City's Community Service Facilities Planning Commission ✓ Attend a City Council Meeting that Includes an Item Pertaining to Planning Commission Review ✓ Visit a development project approved within the past two years to review how the Conditions of Approval are being implemented and report back to the Commission OId Town Local Review Board ✓ Attend Two or More OId Town Temecula Association (OTTA) Meetings ✓ Visit the Temecula History Museum ✓ Attend a Planning Commission Meeting that Includes an Item Pertaining to Old Town Public/Traffic Safety ✓ Observe a DUI check point 1 Visit each Fire Station ✓ Visit the Southwest Justice Center ✓ Visit Each Police Storefront/Substation RULES AND REGULATIONS FOR CITIZEN MEMBERS It is not appropriate for individual members to present their personal views or recommendations as representing the board or commission unless such body has voted to approve such action. Members expressing views not approved by the majority of the board or commission should indicate their opinions are viewed as "private citizens " Individual opinions must be identified as such. Public statements should not include promises that may be construed to be binding on the Committee, City Council, or City staff. When making a public statement, members should indicate that board or commission actions are recommendations and that final action will be taken by the City Council. Revised 1212018 2 Planning Commissioners should not express any views on projects that will come before the Planning Commission. The Planning Commission must provide due process for the applicants and this requires that Planning Commissions not express any bias or views on a project until all of the information on a project is presented to the Planning Commission at the public hearing and the applicant and the public have expressed their views on the project. Board or commission members may be selected on the basis of representing defined groups; however, each member should represent the overall "public good" and not an exclusive group or special interest. GUIDELINES, QUALITIES, AND ATTRIBUTES OF AN EFFECTIVE BOARD OR COMMISSION MEMBER • Be an informed citizen (knowledgeable about local affairs). • Have a good rapport with citizens. • Have a genuine concern for the community as a whole. • Be a good listener. • Relate well to other people, including other board or commission members The success or failure of board or commission efforts may be dependent upon the degree of cooperation evident among the individual members of the body. • Serve in another capacity prior to board or commission service (i.e. volunteer groups, non-profit organizations, service clubs, etc.) • Have the ability to accept decisions not of one's own personal view if that is the will of the majority. • In addition, each member should keep in mind these important points: Show respect for another's viewpoint. Allow others adequate tme to fully present their views before making comments. Be open and honest. Make new members welcome and help them become acquainted with their duties. Strive to minimize political action among members. ROLE, AUTHORITY, AND STAFFING OF BOARDS AND COMMISSIONS The City Council is empowered to establish boards and commissions and to appoint members to assist the City Council in the conduct of City business. Members usually represent a cross-section of the community. No member of any board or commission shall be a City employee, nor shall any person be a member of more than one board or commission at any one time. The primary role of any City board or commission member is to review and make recommendations to the City Council on matters within their scope of responsibility and to promote increased public input and citizen participation in the determination of City policies and program implementation. Revised 12./2018 3 The specific role of City boards and commissions is to serve in an advisory capacity to the City Council, focusing attention on specific program areas of the City. The City Council may authorize certain "Commissions" to take final actions in prescribed areas. For example, the Planning Commission is authorized to grant final approval of certain projects and is required to provide a recommendation to the City Council on other projects. In addition, staff may bring various projects to a board or commission for their review before taking that matter to the City Council for final approval. Boards and commissions serve as a principal reviewing body for specific matters referred to them by the City Council All decisions, however, are subject to review by the City Council Board and commission members are empowered by an appointment of the City Council and should represent the general interest of the City as whole and not specific program areas and their special interest groups. The City Council will appoint one Council Member to serve as Council Liaison to a particular board or commission. This Council person will be available to the board and commission members for individual consultation throughout the year. The Council liaison will attend at least one board or commission meeting annually to provide the board or commission opportunity to seek Council Liaison direction as a sitting body. Joint Meetings and Regular Reports to the City Council Each Board and/or Commission shall meet jointly with the City Council annually at a regularly scheduled City Council meeting as follows: 1st Meeting in February — Planning Commission and Old Town Local Review Board 2"d Meeting in February — Public Traffic / Safety Commission 1s' Meeting in March — Community Services Commission The annual joint meeting schedule may be adjusted from time to time depending upon the operational and organizational needs of the City and staff to include time sensitive items on the agenda. During the annual joint meeting, each board and/or commission shall provide an overview of the previous year highlights, anticipated activities for the upcoming year, and take further direction from the City Council as necessary. In addition to the report at the annual joint meeting, the Commission Members present at each City Council meeting shall provide a verbal report on the status of their respective commission as a routine item on the regular agenda of one City Council meeting of every month. Appointments and Removals Chapter 2.40.050 of the Temecula Municipal Code, City Commissions Generally provides that appointments are subject to the approval of a majority of the City Council. A majority of the City Council may remove an appointee for good cause. The following guidelines may be used in the appointment of board and commission members • Formal interview process with the Mayor and Council Liaison with standard core questions for both new candidates and incumbents. • Letters of recommendation and/or references with the application process are encouraged. • The Council Liaison will be encouraged to attend board or commission meetings to develop an overview of the incumbent board or commission member's performance. Reused 12/2018 4 Absentee record of all board or commission members will become part of the incumbent performance review, with the understanding that if three absences occur within a 12 month period, the Council Liaison to that board or commission will be notified for further review_ If these absences are not acceptable to the Council Liaison, a recommendation to the City Council will be made by the liaison for removal from the board or commission. This is in addition to the existing ordinance which stipulates that should any board or commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the City Council, that member shall vacate his or her seat on the commission. Additional guidelines for consideration of candidates who have served two full terms and apply for subsequent terms. Consideration of these candidates will be given only under the following guidelines: • The incumbent shall have served as Chair or Vice -Chair of their respective Board or Commission. • The incumbent shall have served on at least one sub -committee. or special project, of their respective Board or Commission. Rules of Procedure/By-Laws Rules of procedure or by-laws for the proper conduct of business should be adopted. Organization and Officers As set forth in the by-laws, there shall be an annual election of a chairperson and vice -chairperson. The position of chairperson and vice -chairperson should be rotated among members on an annual basis. The Chairperson The Chairperson is the key to the entire group process. The Chairperson must balance being strong enough to make certain the meeting is conducted in an orderly fashion and democratic enough to use the power and authority of the position wisely The Chairperson's ability to handle meetings will have a significant impact on morale, operation, and effectiveness. The Chairperson must make sure that discussions do not get sidetracked on minor issues and must have the ability to see the "whole picture". The most important duty of the Chairperson lies in his/her ability to find a common ground and achieve workable compromises if appropriate. The Chairperson must be able to represent the entire group to the City Council and community groups. Minutes Minutes shall be taken for all board and commission meetings. The Council has provided that these minutes shall be "action minutes" and not "verbatim" which briefly describe the issues and actions taken. Minority opinions of members may also be recorded in the minutes if desired. Comments by all members on every agenda item cannot practicably be included in the minutes. Also, members abstaining for legal conflict of interest requirements are required to state their reason for recordation in the minutes. Minutes must be approved at a subsequent meeting and then become part of the City's official records in the office of the City Clerk. Revised 12/2018 Development and Review of Board and Commission Goals and Department Policies The City of Temecula prepares and operates on an annual budget cycle. Boards and commissions are encouraged to annually review and comment on department programs and capital projects that may be related to their scope of interest. This evaluation is intended to focus attention on the overall program and service priorities and board and commission objectives: and is not intended to be an evaluation of the administration or operation of City departments. Involvement in Administrative Matters Boards and commissions should not become involved in the administrative or operational matters of City departments unless specifically provided in the prescribed powers and duties. Members may not direct staff to initiate major programs, conduct Targe studies or establish department policy without approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda materials, general review of department programs and activities, to perform limited studies, program reviews and other services of a general staff nature. Boards and commissions may not establish department work programs or determine department program priorities unless specifically authorized in their prescribed powers and duties. The responsibility for setting policy and allocating City resources rests properly with the City's duly elected representatives, the City Council, and cannot be delegated to an outside group, however capable and interested it might be. Communication with the City Council To avoid possible compromising situations, during a City Council meeting the invitation to individual board or commission members to address the Council on matters relating to their official capacity rests solely with the City Council. It should be emphasized that when asked to address the Council on a matter, the member should represent the viewpoint of the board or commission as a whole (not a personal opinion); unless a proper qualification is made. Working with Other Members Members should make every effort to uphold their reputation for honesty, fairness, and openness with the citizens of the community. Each group will undoubtedly consist of diverse personalities, it is important that the board or commission work together to accomplish common goals. Working with Staff Board or commission members are individually appointed by the City Council. City staff assigned to work with the groups report to the City Manager, who in turn, reports to the City Council A department director or administrator usually arranges staff support for each group. If a board or commission member wishes to initiate a project that requires in depth staff involvement, it is necessary for the project to be placed on the board or commission agenda for discussion and recommendation to the City Council that the project be authorized. Staff may begin preparing the necessary reports and studies after the City Council has authorized the project. Providing in depth staff support may require operational adjustments. Members are encouraged to be cognizant of the time involved on the part of staff in preparing requested studies and reports. Individuals should make every attempt to clarify differences and make certain that clear communication is taking place. The public meeting should not be used to express anger or disagreement. If differences cannot be resolved by this method, the Councilmember serving as Board or Commission Liaison and/or City Manager should be consulted to resolve the matter Revised 12/2018 6 Staff Reports to Council on Board or Commission Actions On occasion, staff will be required to prepare an agenda report on either a board or commission action or appeal for City Council review. The staff member should present both the staff position and the board or commission's position in the report. The majority and minority viewpoints of the board or commission members should also be presented in the staff report. It is the desire of the City Council to have an opportunity to hear and consider all sides of an issue and altemative recommendations to assist in their decision-making process. Procedure for Handling Public or Appeal Hearings In some instances, commissions will have to conduct a public hearing, either on a major issue of concern to the community or on a permit application or appeal of a staff decision. It is recommended that the procedure established by the City Attorney be followed at all times during the conduct of these types of hearings. Legal Assistance Some boards or commissions require the presence of a City Attomey. When there is doubt concerning the legality of an issue, the attorney should advise members as to the legality of the proposed action. Great care must be taken in the maintenance of records of the proceedings. The direction of the City Attorney should be followed closely. When in doubt about the legality of a procedure, the board or commission should refrain from additional discussion and decision making until the legal opinion is rendered. If necessary, a hearing may be continued until matters can be clarified The attorney must control the circumstances surrounding a particular matter since he/she may be required to defend the action in court. Council Review of Action Most actions and recommendations of boards or commissions may be appealed to the City Council for review and approval. Certain actions are final with the commission with no right of appeal. Public Appearance of Members When a board or commission member appears in a non -official, non -representative capacity before any public or private body, the member shall not identify or disclose his/her membership on a board or commission. If a question of membership arises, the member shall indicate that he/she is appealing and speaking only as an individual. There are significant legal restrictions on the ability of a board or commission member to appear before any board or commission of the City, and particularly his or her own board or commission. The City Attorney should be consulted in advance of any such appearance. Members should take particular care to comply with provisions of the Brown Act that governs open public meetings. While the staff provides the appropriate notice and agendas for board and commission meetings, individual members need to be careful that they do not discuss City business with other board or commission members, either together or one at at time, outside of a properly noticed public meeting. A summary of the major provisions and requirements of the Ralph M Brown Act is included in this handbook. Rewsed 12/2016 7 Board or Commission Members Running for Elective Office Members of the City's boards or commissions shall be permitted to retain membership on such appointive bodies while seeking any elective office. Members of appointive bodies shall not, however, use the meetings, functions or activities of such bodies for purposes of campaigning for elective office. There are also significant conflict of interest rules relating to campaign contributions to a board or commission member who is running for any elective office. Unlike members of the City Council, campaign contributions to board or commission members are considered as income and the conflict of interest rules apply to any board or commission actions involving a campaign contributor. These rules are described in the Conflict of Interest Handbook and the City Attomey should be consulted by any board or commission member who decides to run for any elective office Board or Commission Positions on Ballot Proposals and Legislation Boards and commissions may review and make recommendations to the City Council on ballot proposals and legislation. The City Council shall review all such recommendations. Board or commission members shall only represent the majority position of the City Council on such matters unless speaking as an individual or indicating a minority opinion Revised 12/2018 8 SECTION 3 Purpose: CITY OF TEMECULA City Clerk's Office PROCEDURES FOR BOARDS AND COMMISSIONS The City of Temecula has one board (Old Town Local Review Board) and three commissions (Community Services Commission, Planning Commission, and Public/Traffic Safety Commission). The Municipal Code of the City of Temecula contains general provisions which govern the City's commissions. Chapter 2.40 is City Commissions and relates to the Planning Commission, Chapter 2.44 is Public/Traffic Commission, and Chapter 2.48 is Community Services Commission. The Planning Commission is also subject to statutory provisions pursuant to law. This document generally governs the City Clerk's office procedures regarding boards and commissions. 1. COMMUNITY SERVICES COMMISSION • The Community Services Commission meets on the second Monday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Community Services Commission reviews and makes recommendations to the City Council concerning the Parks and Recreation Element of the General Plan and works with the Temecula School District, other City Departments, and community groups to provide parks and recreation services and programs for the community. Members of this commission are required to be a resident of the City of Temecula and a registered voter_ The terms are three years each with staggering expiration dates. 2. PLANNING COMMISSION • The Planning Commission meets on the first and third Wednesday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Planning Commission serves as the designated planning agency for the City of Temecula and considers current planning matters such as subdivisions. specific plans, zone changes, plot plans and conducts public hearings as required by law. The Commission is also charged with preparation of the General Plan of the City and advising the City Council on all matters concerning City planning Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 3. PUBLIC/TRAFFIC SAFETY COMMISSION • The Public/Traffic Safety Commission meets on the fourth Thursday of each month. The meetings are held at 6:00 PM in the Council Chambers at City Hall. The Public/Traffic Safety Commission makes recommendations to the City Council on traffic matters within the City such as speed zones, stop signs and signals, pavement markings, traffic design and engineering. The Commission also recommends traffic enforcement measures and 1 coordinates City activities with the CHP, Sheriff, County Road Department, and other regional traffic management and planning agencies. In addition, the commission makes recommendations to the City Council concerning law enforcement, fire suppression and prevention, and disaster planning for the City of Temecula. Members of this commission are required to be a resident of the City of Temecula and a registered voter. The terms are three years each with staggering expiration dates. 4. OLD TOWN LOCAL REVIEW BOARD • The Old Town Local Review Board meets on the second Monday of each month. The meetings are held at 9:00 AM in the Great Oak Conference Room at City Hall. The Old Town Local Review Board is established by the Old Town Specific Plan and has responsibility for serving as an advisory resource to all agencies of the City in matters pertaining to the historic significance and related architectural themes of the historic district. The board is also charged with encouraging public understanding and appreciation of the unique architectural, environmental, and cultural heritage of the district through educational and interpretive programs. Members of this board are required to be a registered voter. The terms are three years each with staggering expiration dates. 5. APPOINTMENT OF BOARD AND COMMISSION MEMBERS • The City Council is the appointing body for the City's board and commissions. When a vacancy occurs. whether it is by expiration of term, resignation or other circumstance, the City Council shall fill that vacancy through appointment. Scheduled Vacancy - Three months prior to a board or commission term expiring, a notice shall be published in a local newspaper of general circulation and posted at the City's designated posting locations (Temecula Library, Chamber of Commerce and Civic Center) pursuant to the Government Code. In addition, the vacancy shall be advertised on the City's website and PEG Channel. Flyers shall be available in the City Hall lobby and distributed at various City -affiliated events. Email lists, such as Constant Contact, press releases and social media shall also be used to promote the vacancy Unscheduled Vacancy - In the event of an unscheduled vacancy, occurring by resignation or other circumstance, the "Special Notice of Vacancy" shall be immediately posted and published pursuant to Government Code 54974_ In addition, the unscheduled vacancy shall be advertised utilizing the same methods as identified above for scheduled vacancies. • Unless otherwise indicated, a vacancy shall be advertised for no less than a thirty (30) day period from the date of publication. • If multiple vacancies occur on a board or commission within sixty (60) days of one another, the City Council may at its discretion consider those vacancies jointly without readvertisement. • The City Clerk shall provide incumbent commission member(s) with a notification letter advising of the upcoming expiration and inviting them to reapply. • Applications received will be processed in the following manner: Completed applications shall be submitted on the Application for Commission and Board Appointment, which will be available and accepted in the City Clerks Office until the dosing date as indicated on the notice. The City Clerk will provide a non -redacted set of qualified applications to the subcommittee of two council members, consisting of the mayor and the commission liaison for that particular commission, identifying the dates the recommendation is due and the City Council meeting at which the appointment will be considered. A non -redacted courtesy copy of all applications shall also be sent to the entire City Council. The subcommittee may conduct applicant interviews as they deem appropriate. The recommendation of the ad hoc subcommittee is then presented as an agenda item at a City Council Meeting where a majority vote is required for appointment. The general timeline for scheduled vacancies is as follows: June Vacancy March 1s' April 1 st May 1st May June Notice of Vacancy is Posted, Published and Advertised Application Packet to Subcommittee for Recommendation Recommendation Received from City Council Recommendation Considered/Appointment Made at 2`d City Council Meeting in May New Board or Commission Member Seated at Board/Commission Meeting Following Expiration of Prior Term October Vacancy July 13' Notice of Vacancy is Posted, Published and Advertised August 1st Application Packet to Subcommittee for Recommendation September 13' Recommendation Received from City Council September Recommendation Considered/Appointment Made at 2^d City Council Meeting in September October New Board or Commission Member Seated at Board/Commission Meeting Following Expiration of Prior Term • After the appointment is made, the City Clerk shall send a congratulatory letter to the new member(s) and coordinate new member orientation. The City Clerk shall also send a letter to the unsuccessful applicants notifying them of the appointment and inviting them to reapply for future vacancies. The City Clerk shall swear in the new member(s) at the next regularly scheduled board or commission meeting, present a Certificate of Appointment and have the new members) sign an Oath of Affirmation. • If an incumbent applies and is not reappointed, the City Clerk shall send a letter to the unsuccessful incumbent notifying them of the new appointment and inviting them to the next regularly scheduled City Council meeting for presentation of a Certificate of Appreciation thanking them for their service to the City. If desired, the Certificate of Appreciation may also be mailed to the incumbent. 6. ORIENTATION OF NEW BOARD OR COMMISSION MEMBERS • Each new board or commission member shall receive a new member orientation. The orientation shall be coordinated through the City Clerk and include the following: City Manager / City Council — Welcome on Behalf of the City and City Council City Clerk — General Review of Commission Handbook, Review and Completion of Statement of Economic Interests (Form 700), Review of AB 1234 Ethics Training Requirements o Human Resources — Review and Completion of Personnel -Related Materials City Department for Board/Commission — Introduction to Relevant Staff Members, Overview of Meetings and Board/Commission Makeup, Review of Pending Topics that Fall Under the General Jurisdiction of the Specific Board or Commission 7 REMOVAL OF BOARD AND COMMISSION MEMBERS • The City's Municipal Code, specifically Section 2.40.050, governs the removal process for any board or commission member and specifically states that a majority of the City Council may remove an appointee for good cause. In addition, under Section 2.40.090, a position is declared vacant when a member is absent from three consecutive meetings without excuse. 8. ANNUAL POSTING OF COMMISSIONERS • Pursuant to Government Code Section 54972 (Maddy Act), on or before December 31 of each year, the City Clerk's office shall prepare and post the Local Appointments List. The list shall be posted on the City Hall posting board and on the City's website. The list shall be periodically updated to reflect the appointment of new board and commission members. 9. TRAINING FOR BOARD AND COMMISSION MEMBERS • From time to time the City Clerk shall coordinate a citywide boards and commissions training in conjunction with the City Council, City Manager, City Attorney and Department Directors who serve as liaisons to the respective board and commissions. The training may cover a variety of topics, including but not limited to, the Commission Handbook, AB 1234 ethics training, conflicts of interest, Brown Act, and board and commission member roles. The training shall be noticed pursuant to the Brown Act. 10. RECOGNITION OF BOARD AND COMMISSION MEMBERS • The City Clerk's office shall coordinate an annual recognition event for board and commission members. Typically, the event shall occur in September and be held at the Conference Center. Procedure No.: 014 Last Revised: August 2017 4 SECTION 4 RELEVANT MUNICIPAL CODE SECTIONS fCurnent as ofaanuary 20191 Chapter 2.40 CITY COMMISSIONS GENERALLY 2.40.010 Commission established. There shall be established within the city a planning commission. For purposes of state planning law, the planning commission shall serve as the planning agency, unless another official or body is specifically designated to perform that function or make a particular decision as provided by ordinance of the city. Division of land use decisionmaking authority shall be as set forth in Ordinance No. 92-14. The city council may establish by ordinance and resolution such other commissions as it deems necessary. (Ord. 93-04 § 10: Ord. 90-02 § 1 (2.06.010)) 2.40.020 Number of members. Unless otherwise specifically provided, each commission shall consist of five members. (Ord. 90-02 § 1 (2.06.010)) 2.40.030 Qualifications. Unless otherwise specifically provided by law, or by ordinance or resolution of the city council, all members of commissions of the city shall, at all times during their incumbencies, be bona fide residents and registered voters of the city. No member of any commission shall be a city employee, nor shall any person be a member of more than one commission at any one time. (Ord. 96-08 § 2: Ord. 90-02 § 1 (2.06.030)) 2.40.040 Applications. The city clerk shall maintain all applications submitted to the city for commission positions for a period of two years. (Ord. 90-02 § 1 (2.06.040)) 2.40.050 Members—Appointment and removal. Members of each commission shall be nominated by an ad hoc committee of two council members subject to the approval of a majority of the city council. A majority of the council may remove an appointee for good cause. The chairperson and vice -chairperson of each commission shall be selected by a majority of the membership of that commission. (Ord. 2000-08 § 2: Ord. 90-02 § 1 (2.06.050)) 2.40.060 Tenn. The term of each commission member shall be three years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of three years; two for terms of two years; and two for terms of one year; such terms to be determined by drawing lots. At the completion of any term, a commission member may be reappointed pursuant to the procedures set forth in Section 2.40.050. (Ord. 90-02 § 1 (2.06.060)) 2.40.070 Vacancies. If vacancies in any commission occur, other than by expiration of term. such vacancies shall be filled by appointment for the unexpired portion of the term. (Ord. 90-02 § 1 (2.06.070)) 2.40.080 Meetings/quorum. The city council shall establish meeting schedules for each commission by resolution. A quorum of three shall be required for the transaction of any business. (Ord. 90-02 § 1 (2.40.080)) 2.40.090 Absence from meetings. Should any commission member be absent from any three consecutive meetings of the commission, without excuse acceptable to the city council, that member shall vacate his or her seat on the commission. The vacancy shall be filled in the same manner as any other vacancy. (Ord. 90-02 § 1 (2.06.090)) 2.40.100 Compensation. City commissioners shall receive monthly compensation as follows: Community services commission $100.00 per meeting attended Planning commission $100.00 per meeting attended Public/traffic safety commission $100.00 per meeting attended Old Town local review board $100.00 per meeting attended (Ord. 18-07 § 1; Ord. 01-12 § 1; Ord. 01-11 § 1; Ord. 01-05 § 2, 2001; Ord. 99-09 § 1; Ord. 96-09 § 2; Ord. 90-02 § 1 (2.06.100)) Chapter 2.44 PUBLIC/TRAFFIC SAFETY COMMISSION 2.44.010 Established. Pursuant to Section 2.40.010, there is created an advisory commission to the city council which shall be known as the Temecula public/traffic safety commission. (Ord. 93-18 § 1 (12.01.010): Ord. 92-17 § 1 (12.01.010)) 2.44.020 Composition and membership. The publicltraftic safety commission shall consist of five members appointed by the city council pursuant to Section 2.40.050. No officers or employees of the city or person under an employment contract subject to the jurisdiction of the city council shall be members of such commission. (Ord. 93-18 § 1 (12.01.020): Ord. 92-17 § 1 (12.01.020)) 2.44.030 Terms of office. Terms of office for public/traffic safety commissioners shall be three years with staggered terms. Initially, all five members may be selected at once. In order to achieve staggered terms, one member shall be appointed for a term of one year; two members for terms of two years; and two members for terms of one year. such terms to be determined by the drawing of lots. At the completion of any term a commission member may be reappointed pursuant to the procedures set forth in Section 2.40.050. (Ord. 93-18 § 1 (12.01.030): Ord. 92-17 § 1 (12.01-.030)) 2.44.040 Time and place of meetings. The public/traffic safety commission shall establish a regular date, time and place for commission meetings, which shall be open to the public. Such meetings shall occur no less frequently than once a month. (Ord. 93-18 § 1 (12.01.050): Ord. 92-17 § 1 (12.01.050)) 2.44.050 Powers and duties. The public/traffic safety commission shall advise the city council on all matters subject to the jurisdiction of the council pertaining to the public and traffic safety. The duties of the public/traffic safety commission shall be established by resolution of the city council. (Ord. 93-18 § 1 (12.01.060): Ord. 92-17 § 1 (12.01.060)) 2.44.060 Public hearings. Whenever the commission determines, by a two-thirds majority of those members present, that its deliberations with respect to a particular matter or matters would be substantially aided by the presentation of testimony from the citizens of the city, or of a certain area of the city, the commission may direct a public hearing be held concerning such matter or matters. Notice of such a hearing shall be provided by publication in a newspaper of general circulation published in the city, and/or by posting the same in at least three public places, not later than seven days prior to the date of the hearing. Such hearings shall be conducted in accordance with the rules established for the conduct of hearings before the city council unless the council, by resolution, shall otherwise provide. (Ord. 93-18 § 1 (12.01.070): Ord. 92-17 § 1 (12.01.070)) 2.44.070 Staff assistance. The city manager shall ensure that adequate staff will be allocated to provide necessary technical and clerical assistance to the commission. (Ord. 93-18 § 1 (12.01.040): Ord. 92-17 § 1 (12.01.040)) Chapter 2.48 COMMUNITY SERVICES COMMISSION 2.48.010 Established. There is established a Temecula community services commission. (Ord. 93-06 § 1 (13.01.010): Ord. 90- 05§1(13.10.010)) 2.48.020 Time and place of meetings. The time and place of the meetings of the Temecula community services commission shall be established by resolution of the commission. (Ord. 93-06 § 1 (13.01.020): Ord. 90-05 § 1 (13.01.020)) 2.48.030 Powers and duties. The duties of the Temecula community services commission shall be established by resolution of the city council. (Ord. 93-06 § 1 (13.01.030): Ord. 90-05 § 1 (13.01.030)) SECTION 5 INSTITUTE FOR LOCAL GOVERNMENT PUBLIC SERVICE ETHICS State Ethics Training Requirements For Local Officials: Frequently Asked Questions (FAQs) 9/04/12 Edition Overview of Requirement 1. What requirements does AB 1234 create regarding ethics training for local officials? The basic thrust of AB 1234 is to require covered officials (see next question) to take two hours of training in ethics principles and laws every two years.' Who's Covered 2. Who must receive mandatory ethics training? Basically the requirement applies to those elected or appointed officials who are compensated for their service or reimbursed for their expenses.2 The specific trigger for this requirement is whether the agency either compensates or reimburses expenses for members of any of its Brown Act covered bodies; if it does, then all elected and appointed "local agency officials" (as defined) must receive this training.; "Local agency official" means any member of a legislative body or any elected local agency official who receives compensation or expense reimbursement.' "Local agency" means "a city, county, city and county, charter city, charter county, charter city and county, or special district."5 Thus the training requirement does not include agencies on which local officials serve (for example, redevelopment agency governing boards or joint powers agencies), although many such officials will likely be covered by virtue of their status with cities, counties and special districts. Note that it also does not include school districts. Note that local agencies also have the option of requiring certain employees to receive this training.6 1400 K Street, Suite 205 • Sacramento, CA 95814 • 916.658.8208 F 916.444.7535 • www.ca-itg.org State Ethics Training Requirements For Local Officials. FAQs September 2012 3. What if an agency has a number of board members and commissioners who could theoretically get reimbursed for such expenses but as a practical matter haven't been for a long time? Determining whether such officials should receive such training involves a judgment call in consultation with one's agency attorney. Some agencies are rethinking whether they want to reimburse the members of all their commissioners and board members or be more selective. Another consideration is whether the nature of such officials' duties are such that the official would benefit from such training and the agency would benefit from having this official be trained (in terms of reducing the likelihood of missteps). Another approach is for an agency to identify all commissioners and board members that have been reimbursed and/or compensated in the past year and notify them of their need to receive training. For others who haven't been reimbursed and/or compensated, the expense reimbursement forms required by AB 1234' could include an advisory which alerts board members and commissioners of the need to get training if they are seeking reimbursement for expenses. 4. What about those who serve on multiple local agency bodies? The official only has to satisfy the regsuirement once (within one year of taking office and every two years after that). Institute for Local Government www. ca-ilg.orq 2 State Ethics Training Requirements For Local Officials: FAQs September 2012 5. Can AB 1234's ethics training requirements constitutionally apply to charter cities? Many city attorneys are not convinced that AB 1234 contains the necessary findings to make it applicable to charter cities, although the bill purports to appl' to charter cities by including charter cities within the definition of local agency. However, a number of charter cities already have such training programs and/or think they would be helpful and hence, are voluntarily complying with the spirit of AB 1234. Such an approach may reflect well on a city and city officials should the local media inquire about city officials' compliance with AB 1234. Timing and Deadline Issues 6. By when must an official receive such training and how often again after that? • Officials in Service as of January 1, 2006. Except for officials whose term of office ends before January I, 2007, those in office on January 1, 2006 must receive the training before January 1, 2007.10 After that, they must receive the training at least once every two years. 11 Officials whose term of office ends before January 9, 2007 were excused. 12 • Those Beginning Service After January 1, 2006. Those who enter office after January 1, 2006 must receive the training within a year of starting their service. They must then receive the training every two years after that. 13 Reasonable attorneys disagree how the "every two years" requirement should be interpreted. One interpretation would be that, if an official received the required training on May 15, 2011, the official would need to receive training again on or before May 14, 2013. Another would be that this same official satisfied the requirement in 2011 and needs to again satisfy the requirement in 2013. Institute for Local Government .vww ca-ilg orq 3 State Ethics Training Requirements For Local Officials: FAQs September 2012 Compliance and Enforcement 7. How do officials demonstrate compliance with the mandatory ethics requirements? When local aency officials receive the training, they will be given proof of participation. ' Copies of these certificates must be provided to the agency's custodian of records and maintained as public records subject to disclosure to the media, the public and others for at least Live years.I` 8. What is the enforcement mechanism to assure that local officials receive such training? The new law is directory: there is no specific penalty for failing to complete the required training."' Presumably there will be a periodic public records requests by the media, candidates and others to verify which officials have and have not met the requirements. 17 Local agencies are using a variety of techniques to encourage compliance. Options include: 1. Circulate a List of Complying and Non -complying Officials within the Agency. Putting who has (and who has not) complied in writing along with a reminder that the agency is expecting media and other inquiries may be one way to encourage compliance. This list can be circulated to officials with a thank you to those who have satisfied the requirement and a list of options for compliance for those who have not. 2. Create a Financial Penalty. Another option for encouraging compliance is to adopt a policy that officials who have not complied with their AB 1234 training requirements will not be eligible to have their expenses reimbursed. 3. Make Compliance a Condition of Agency Service for Appointees. In situations where the non-compliant official is an appointee, a local policy could provide the appointment be either rescinded or that the non- complying individual is ineligible for re -appointment. 4. Post Certificates on Agency's Website. The agency can post scans of those within the agency who have complied with the requirement, which also lets the media and the public know how the official satisfied the training. Institute for Local Govemment www.ca-ilg orq 4 State Ethics Training Requirements For Local Officials: FAQs September 2012 Content Issues, Options for Satisfying the Requirement and Trainer Qualifications 9. Where can local officials get this training? Local agencies must provide covered officials with a list of options for satisfying this requirement at least once a year: R The training can occur in-person, online or on a self -study basis (read materials and take a test).19 Agencies are not required to provide the training themselves, although a number may choose to do so. A variety of organizations offer such training (including law firms and nonprofit organizations). In addition, there are self -study materials available from the Institute for Local Government's website (www.ca-ilg.org. ABI234compllance) as well as a free online course at http: Iocalethics.fppc.ca.gov or http:/,"www.localethics.fppc.ca.gov that the Institute developed in collaboration with the FPPC. The Institute also has materials for in-house counsel and others who are interested in offering such training. 10. How do people or organizations become certified as AB 1234 ethics trainers? Strictly speaking, they don't. The Attorney General and FPPC have adopted guidelines for course curriculum accuracy and sufficiency, but there is no trainer - certification requirement.20 The Attorney General's guidelines require that the ethics law portion of AB 1234 training be given only by attorneys licensed to practice law in California and knowledgeable about California's ethics laws. 11. What issues must AB 1234 ethics training programs address? The training must cover general ethics principles relating to public service and ethics Iaws.2' "Ethics laws" are defined as including: -2 • Laws relating to personal financial gain by public officials (including bribery and conflict of interest laws); • Laws relating to office -holder perks, including gifts and travel restrictions, personal and political use of public resources and prohibitions against gifts of public funds; Institute for Local Govemment www.ca-ily.orq 5 State Ethics Training Requirements For Local Officials: FAQs September 2012 • Governmental transparency laws, including financial disclosure requirements and open government laws (the Brown Act and Public Records Act); • Law relating to fair processes, including fair contracting requirements, common law bias requirements and due process. The Institute has materials to address these issues. The ILG resources can be found at www .ca-iIg.org'AB 1234conpliance. Given the breadth of the subjects that need to be covered, the goal of the training cannot be to teach local officials the law in each of these areas. Instead the goal needs to be to acquaint local officials with the fact that there are laws that govern their behavior in each of these areas, to motivate officials to comply with such laws (among other things by explaining the consequences of missteps) and to alert them on when they need to seek the advice of qualified legal counsel when issues arise with respect to such laws. Note that the Attorney General's Guidelines allow those who have taken the initial overview course to go deefer into certain aspects of ethics law in subsequent compliance efforts. 2 12. Can 1 get State Bar minimum continuing legal education (MCLE) credit for attending AB 1234 training? Yes. AB 1234 training is eligible for MCLE participatory credit,24 provided the training complies with MCLE requirements. It is not, however, eligible for MCLE legal ethics credit.25 Brown Act Compliance 13. Must an AB 1234 training session that will be attended by a quorum of a legislative body comply with the Brown Act? The consensus appears to be that the Brown Act applies and therefore, the meeting must be open to the public and properly noticed. The Brown Act requires regular "meetings" of "legislative bodies" of local public agencies be open and public.26 A "meeting" is "any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains."7 Theoretically, it is possible for a majority of the members of a legislative body to attend an AB 1234 training session without triggering the Brown Act provided that they neither hear Institute for Local Govemment www.ca-1Iq.orq 6 State Ethics Training Requirements For Local Officials: FAQs September 2012 nor discuss any topic that arguably comes within the legislative body's subject matter jurisdiction. The goal of AB 1234 training, however, is to acquaint local officials with the laws that govern their behavior and motivate them to comply with such laws. In light of this goal, it is highly likely that training attendees will ask questions related to matters within the legislative body's subject matter jurisdiction. Accordingly, the Institute believes that the best course of action is to comply with the Brown Act. Note that AB 1234 training that occurs at conference sessions are subject to the conference session exception to the Brown Act. 28 Cal. Gov't Code § 53235(a), (b). 2 The language is potentially confusing on this point. The new law says that if a local agency provides any type of compensation or reimbursement for members of its legislative bodies, then all "local agency officials" must receive training. See Cal. Gov't Code § 53235(a). But the definition of "local agency official" means "any member ofa local agency legislative body or any elected official who receives any type of compensation ...or reimbursement for actual and necessary expenses incurred in thc performance of official duties." See Cal. Gov't Code § 53234(c)(1). 3 Cal. Gov't Code § 53235(a) ("If a local agency provides any type of compensation, salary. or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties. then all local agency officials shall receive training in ethics pursuant to this article"); § 53234(a) (defining legislative body by reference to the Brown Act, Government Code section 54952). 4 Cal. Gov't Code § 53234(c)(1). i Cal. Gov't Code § 53234(b). 6 Cal. Gov't Code § 53234(cX2). 7 Cal. Gov't Code § 53232.3(a). " See Cal. Gov't Code § 53235.1(c). 9 Cal. Gov't Code § 53234(b). '° See Cal. Gov't Code § 53235.1(a). See Cal. Gov't Code § 53235.1(a). 12 Cal. Gov't Code § 53235.1(a). 13 See Cal. Gov't Code § 53235.1(13). The law requires that subsequent training occur "at least once every two years." Some agencies interpret this to mean that training may occur in successive two year periods, not necessarily before the two year anniversary of the last training. This is an arca where substantial compliance based on the spirit of the law should be sufficient. 14 Cal. Gov't Code § 53235.1(e). 15 Cal. Gov't Code § 53235.2. 16 Cal. Gov't Code § 53235.2. 17 Note: in addition to maintaining records on compliance with the minimum standards imposed by AB 1234, local agencies may also want to maintain records of any additional training local agency officials received. This will enable those inquiring to ascertain thc agency's and individual's full scope of commitment to understanding the ethical and legal obligations associated with public service. 'x Cal. Gov't Code § 53235(f). 19 Cal. Gov't Code § 53235(d). 20 See Cal. Gov't Code § 53235(c). The FPPC adopted it's guidelines as a regulation'" and the Attorney General issued Gcncral ()aide lines on Course Accuracy and Sufficiency, which are available on the Department ofhrsticewebsite: http. caag.state.ca.us, ethics/ eth loc guide tinal.pdt. A summary of the state's guidelines for training is also available at w ww.ca-ilg org, AB 1234compllance. Institute for Local Govemment www.ca-ilq.orq 7 State Ethics Training Requirements For Local Officials: FAQs September 2012 21 Cal. Gov't Code § 53235(b). 22 Cal. Gov't Code § 53234(d). 27 See Attorney General Guidelines, bottom of page 3, available at http:i'oag.ca.go‘ sitesall-files-pdfsetht».eth Io guide tinat.gdl? 24 State Bar's response to an inquiry by the Institute, November 6, 2006. 25 Id. 26 Cal. Gov't Code § 54953. 27 Cal. Gov't Code § 54952.2 (emphasis added). 28 Cal. Gov't Code § 54952.2(cX2) (Conference must be open to the public and attendees must be mindful of restrictions on discussing items with colleagues). Institute for Local Govemment www.ca-iIa orq 8 SECTION 6 2017/2018 Statement of Economic Interests Form 700 A Public Document Also available on the FPPC website: • Form 700 in Excel format • Reference Pamphlet for Form 700 California Fair Political Practices Commission Email Advice: advice@fppc.ca.gov Toll-free advice line: 1 (866) ASK-FPPC • 1 (866) 275-3772 Telephone: (916)322-5660 • Website: www.fppc.ca.gov December 2017 Ud x'4 Ncw Gift Limit Increase The gift limit increased to S470 for calendar years 2017 and 2018. The gift limit during 2016 was $460. (U4 must file: • Elected and appointed officials and candidates listed in Government Code Section 87200 • Employees, appointed officials, and consultants filing pursuant to a conflict of interest code ("code filers") Obtain your disclosure categories, which describe the interests you must report, from your agency; they are not part of the Form 700 • Candidates running for local elective offices that are designated in a conflict of interest code (e.g., county sheriffs, city clerks. school board trustees, and water board members) Exception: Candidates for a county central committee are not required to file the Form 700. • Members of newly created boards and commissions not yet covered under a conflict of interest code • Employees in newly created positions of existing agencies See Reference Pamphlet. page 3, at www.fppc.ca.gov. t4/4 ,c to file: 87200 Filers State offices Judicial offices Retired Judges County offices City offices Multi -County offices Your agency The clerk of your court Directly with FPPC Your county filing official Your city clerk Your agency Code Filers — State and Local Officials, Employees. and Consultants Designated in a Conflict of Interest Code: File with your agency. board, or commission unless otherwise specified in your agency's code (e.g., Legislative staff files directly with FPPC). In most cases, the agency. board. or commission will retain the statements Members of Boards and Commissions of Newly Created Agencies: File with your newly created agency or with your agency's code reviewing body Employees in Newly Created Positions of Existing Agencies: File with your agency or with your agency's code reviewing body. See Reference Pamphlet, page 3. Candidates: File with your local elections office. How to file: The Form 700 is available at www.fppc.ca.gov. Form 700 schedules are also available in Excel format. All statements must have an original "wet" signature or be duly authorized by your filing officer to file electronically under Govemment Code Section 87500.2. Instructions, examples, FAQs, and a reference pamphlet are available to help answer your questions. W4124, to file: Annual Statements • March 1, 2018 - Elected State Officers - Judges and Court Commissioners - State Board and State Commission Members listed in Govemment Code Section 87200 • April 2, 2018 - Most other filers Individuals filing under conflict of interest codes in city and county jurisdictions should verify the annual filing date with their local filing officers. Statements postmarked by the filing deadline are considered filed on time. Assuming Office and Leaving Office Statements Most filers file within 30 days of assuming or leaving office or within 30 days of the effective date of a newly adopted or amended conflict of interest code. Exception: If you assumed office between October 1, 2017, and December 31, 2017, and filed an assuming office statement, you are not required to file an annual statement until March 1, 2019, or April 1, 2019, whichever is applicable. The annual statement will cover the day after you assumed office through December 31, 2018. See Reference Pamphlet, pages 6 and 7, for additional exceptions. Candidate Statements File no later than the final filing date for the declaration of candidacy or nomination documents. Amendments Statements may be amended at any time. You are only required to amend the schedule that needs to be revised. It is not necessary to amend the entire filed form. Obtain amendment schedules at www.fppc.ca.gov There is no provision for filing deadline extensions unless the filer is serving in active military duty. Statements of 30 pages or less may be faxed by the deadline as long as the originally signed paper version is sent by first class mail to the filing official within 24 hours. Introduction The Political Reform Act (Gov. Code Sections 81000- 91014) requires most state and local government officials and employees to publicly disclose their personal assets and income They also must disqualify themselves from participating in decisions that may affect their personal economic interests. The Fair Political Practices Commission (FPPC) is the state agency responsible for issuing the attached Statement of Economic Interests. Form 700, and for interpreting the law's provisions. Gift Prohibition Gifts received by most state and local officials, employees, and candidates are subject to a limit. During 2017 and 2018, the gift limit is $470 from a single source during a calendar year. In addition, state officials, state candidates, and certain state employees are subject to a $10 limit per calendar month on gifts from lobbyists and lobbying firms registered with the Secretary of State. See Reference Pamphlet. page 10. State and local officials and employees should check with their agency to determine if other restrictions apply. Disqualification Public officials are, under certain circumstances, required to disqualify themselves from making, participating in, or attempting to influence governmental decisions that will affect their economic interests. This may include interests they are not required to disclose (i.e., a personal residence is often not reportable, but may be disqualifying). Specific disqualification requirements apply to 87200 filers (e.g., city councilmembers, members of boards of supervisors, planning commissioners, etc.). These officials must publicly identify the economic interest that creates a conflict of interest and leave the room before a discussion or vote takes place at a public meeting. For more information, consult Govemment Code Section 87105, Regulation 18707, and the Guide to Recognizing Conflicts of Interest at www.fppc.ca.gov. Honorarium Ban Most state and local officials, employees, and candidates are prohibited from accepting an honorarium for any speech given, article published, or attendance at a conference, convention, meeting. or like gathering. See Reference Pamphlet, page 10 Loan Restrictions Certain state and local officials are subject to restrictions on loans. See Reference Pamphlet, page 14 Post -Governmental Employment There are restrictions on representing clients or employers before former agencies. The provisions apply to elected state officials, most state employees, local elected officials, county chief administrative officers, city managers, including the chief administrator of a city, and general managers or chief administrators of local special districts and JPAs. The FPPC website has fact sheets explaining the provisions. Late Filing The filing officer who retains originally -signed or electronically filed statements of economic interests may impose on an individual a fine for any statement that is filed late. The fine is $10 per day up to a maximum of $100. Late filing penalties may be reduced or waived under certain circumstances. Persons who fail to timely file their Form 700 may be referred to the FPPC's Enforcement Division (and, in some cases, to the Attomey General or district attorney) for investigation and possible prosecution. In addition to the late filing penalties, a fine of up to $5,000 per violation may be imposed. For assistance concerning reporting, prohibitions, and restrictions under the Act: • Email questions to advice@fppc.ca.gov. • Call the FPPC toll-free at (866) 275-3772. Form 700 is a Public Document Public Access Must Be Provided Statements of Economic Interests are public documents. The filing officer must permit any member of the public to inspect and receive a copy of any statement. • Statements must be available as soon as possible during the agency's regular business hours. but in any event not later than the second business day after the statement is received. Access to the Form 700 is not subject to the Public Records Act procedures. • No conditions may be placed on persons seeking access to the forms. • No information or identification may be required from persons seeking access. • Reproduction fees of no more than 10 cents per page may be charged. FPPC Form 700(2017/2018) FPPC Advice Email: adviceCDfppc.ca.gov FPPC Toil -Free Helpline: 866/275-3772 www.fppc.ca.gov Introduction Types of Form 700 Filings Assuming Office Statement: If you are a newly appointed official or are newly employed in a position designated, or that will be designated, in a state or local agency's conflict of interest code, your assuming office date is the date you were sworn in or otherwise authorized to serve in the position. If you are a newly elected official. your assuming office date is the date you were sworn in. • Investments, interests in real property. and business positions held on the date you assumed the office or position must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date you assumed the office or position is reportable. For positions subject to confirmation by the State Senate or the Commission on Judicial Performance, your assuming office date is the date you were appointed or nominated to the position. Example: Maria Lopez was nominated by the Govemor to serve on a state agency board that is subject to state Senate confirmation. The assuming office date is the date Maria's nomination is submitted to the Senate. Maria must report investments, interests in real property, and business positions she holds on that date, and income (including loans, gifts, and travel payments) received during the 12 months prior to that date. If your office or position has been added to a newly adopted or newly amended conflict of interest code, use the effective date of the code or amendment, whichever is applicable. Investments, interests in real property, and business positions held on the effective date of the code or amendment must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the effective date of the code or amendment is reportable. Annual Statement: Generally, the period covered is January 1, 2017, through December 31, 2017. If the penod covered by the statement is different than January 1, 2017, through December 31, 2017, (for example, you assumed office between October 1, 2016, and December 31, 2016 or you are combining statements), you must specify the period covered. • Investments, interests in real property, business positions held, and income (including loans, gifts. and travel payments) received during the period covered by the statement must be reported. Do not change the preprinted dates on Schedules A-1, A-2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2017. • If your disclosure category changes during a reporting period. disclose under the old category until the effective date of the conflict of interest code amendment and disclose under the new disclosure category through the end of the reporting period Leaving Office Statement: Generally, the period covered is January 1, 2017, through the date you stopped performing the duties of your position. If the penod covered differs from January 1, 2017, through the date you stopped performing the duties of your position (for example, you assumed office between October 1, 2016, and December 31. 2016, or you are combining statements), the period covered must be specified The reporting penod can cover parts of two calendar years. • Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement must be reported. Do not change the prepnnted dates on Schedules A-1, A-2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2017. Candidate Statement: If you are filing a statement in connection with your candidacy for state or local office, investments, interests in real property, and business positions held on the date of filing your declaration of candidacy must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date of filing your declaration of candidacy is reportable. Do not change the preprinted dates on Schedules A-1, A-2, and B. Candidates running for local elective offices (e.g., county sheriffs, city clerks. school board trustees, or water distract board members) must file candidate statements, as required by the conflict of interest code for the elected position. The code may be obtained from the agency of the elected position. Amendments: If you discover errors or omissions on any statement, file an amendment as soon as possible. You are only required to amend the schedule that needs to be revised; it is not necessary to refile the entire form. Obtain amendment schedules from the FPPC website at www.Ippc.ca.gov. FPPC Form 700 (2017/2018) FPPC Advice Email: adviceifppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Types of Statements Instructions Cover Page Enter your name, mailing address, and daytime telephone number in the spaces provided Because the Form 700 is a public document, you may list your business/office address instead of your home address. Part 1. Office, Agency, or Court • Enter the name of the office sought or held, or the agency or court. Consultants must enter the public agency name rather than their private firm's name (Examples State Assembly: Board of Supervisors; Office of the Mayor: Department of Finance; Hope County Superior Court) • Indicate the name of your division, board, or district, if applicable. (Examples: Division of Waste Management: Board of Accountancy, District 45). Do not use acronyms. • Enter your position title. (Examples. Director; Chief Counsel; City Council Member, Staff Services Analyst) • If you hold multiple positions (i.e,, a city council member who also is a member of a county board or commission), you may be required to file statements with each agency. To simplify your filing obligations, you may complete an expanded statement. • To do this, enter the name of the other agency(ies) with which you are required to file and your position title(s) in the space provided Do not use acronyms. Attach an additional sheet if necessary. Complete one statement covering the disclosure requirements for all positions. Each copy must contain an original signature. Therefore. before signing the statement, make a copy for each agency. Sign each copy with an original signature and file with each agency. If you assume or leave a position after a filing deadline, you must complete a separate statement. For example, a city council member who assumes a position with a county special district after the April 1 annual filing deadline must file a separate assuming office statement. In subsequent years, the city council member may expand his or her annual filing to indude both positions Example: Scott Baker is a city council member for the City of Lincoln and a board member for the Camp Far West Irrigation District - a mufti -county agency that covers Placer and Yuba counties. Scott will complete one Form 700 using full disclosure (as required for the city position) and covering interests in both Placer and Yuba counties (as required for the multi -county position) and list both positions on the Cover Page. Before signing the statement, Scott will make a copy and sign both statements. One statement will be filed with City of Lincoln and the other will be filed with Camp Far West Irrigation District. Both will contain an original signature. Part 2. Jurisdiction of Office Check the box indicating the jurisdiction of your agency and, if applicable, identify the jurisdiction Judges, judicial candidates. and court commissioners have statewide jurisdiction All other filers should review the Reference Pamphlet, page 13, to determine their jurisdiction. • If your agency is a multi -county office, list each county in which your agency has jurisdiction. • If your agency is not a state office, court, county office, city office, or multi -county office (e.g., school districts, special districts and JPAs), check the "other" box and enter the county or city in which the agency has jurisdiction. Example: This filer is a member of a water district board with jurisdiction in portions of Yuba and Sutter Counties. 1 OM1*, Army, a Cwn •.V, WO 10•MIr oc._J Perim Reiff Imam= Omni Now krt. ]Mrrlrl. Ort 14104 •- Iffp• N. A Board Ncmhcc •• lb7 b•1M palm II lWr ria~ a P.gni •� WA Oran 1. Jeer/otloo el Office rear r Ant on 610 C SIM 041p AV COO Ctir4me- IWO Milo. Fr., Yuba i NAN Coon 0 Cro • Part 3. Type of Statement Check at least one box. The period covered by a statement is determined by the type of statement you are filing. If you are completing a 2017 annual statement, do not change the pre-printed dates to reflect 2018. Your annual statement is used for reporting the previous year's economic interests. Economic interests for your annual filing covering January 1, 2018, through December 31, 2018, will be disclosed on your statement filed in 2019. See Reference Pamphlet, page 4. Combining Statements. Certain types of statements may be combined. For example, if you leave office after January 1, but before the deadline for filing your annual statement, you may combine your annual and leaving office statements File by the earliest deadline Consult your filing officer or the FPPC. Part 4. Schedule Summary • Complete the Schedule Summary after you have reviewed each schedule to determine if you have reportable interests. • Enter the total number of completed pages including the cover page and either check the box for each schedule you use to disclose interests; or if you have nothing to disclose on any schedule, check the "No reportable interests" box. Please do not attach any blank schedules. Part 5. Verification Complete the verification by signing the statement and entering the date signed All statements must have an original "wet" signature or be duly authorized by your filing officer to file electronically under Govemment Code Section 87500.2. Instructions, examples. FAQs, and a reference pamphlet are available to help answer your questions When you sign your statement, you are stating, under penalty of perjury, that it is true and correct. Only the filer has authority to sign the statement. An unsigned statement is not considered filed and you may be subject to late filing penalties FPPC Form 700 (2017/20181 FPPC Advice Email: advicePfppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - 1 CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES COMMISSION A PUBLIC DOCUMENT Please type or pnnt in ink. STATEMENT OF ECONOMIC INTERESTS COVER PAGE Date Initial Filing Received Onry NAME OF FLEA (LAST) (QST) ramous 1. Office, Agency, or Court Agency Name (Do not use acronyms) Division, Board, Department District, if applicable Your Position ► If filing for multiple positions, fist below or on an attachment (Do not use acronyms) Agency Position 2. Jurisdiction of Office (Check at least one box) ❑ State ❑ Judge or Court Commissioner (Statewide Jurisdiction) ❑ Multi -County ❑ County of ❑ city of ❑Other 3. Type of Statement (Chat at least one box) ❑ Annual: The period covered is January 1, 2017 through ❑ Leaving Office: Date Left -J_1 December 31, 2017. (Check one) -or- The period covered is through 0 The period covered is January 1, 2017, through the date of leaving office -Of- 0 The period covered is _J through the date of leaving office December 31, 2017. O Assuming Office: Date assumed J_J ❑ Candidate: Date of Election and office sough, d different than Part 1 4. Schedule Summary (must complete) ► Total number of pages including this cover page: Schedules attached O Schedule A-1 - Investments - schedule attached ❑ Schedule A-2 - Investments - schedule attached ❑ Schedule B - Real Property - schedule attached -or- None - No reportable interests on any schedule C Schedule C - Income, Loans, & Business Positions - schedule attached ❑ Schedule D - Income - Gifts - schedule attached ❑ Schedule E • Income - Gifts - Travel Payments - schedule attached 5. Verification MAILING ADDRESS STREET (Roamers or Agency Address Rsoormwrdrd - Pubic Doalsnep CITY STATE LP CODE DAYTIME TELEPHONE NUMBER E-MAIL ADDRESS I have used all reasonable diligence in preparing this statement I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Signed Signature (month. day. year, FSM sored sfafarn r! arch rwr rrFy 0150al FPPC Form 700(2017/2018) FPPC Advice Email: advicel_Dfppc.ca.gov FPPC Toll -Free Helpline: 866/27S-3772 www.fppc.ca.gov Which Schedule Do I Use? Common Reportable Interests Schedule A-1 Stocks, including those held in an IRA or a 401 K Schedule A-2 Schedule B Schedule C Schedule D Schedule E Business entities (including certain independent contracting), sole proprietorships, partnerships, LLCs, corporations, and trusts Rental property in the jurisdiction, or within two miles of the boundanes of the jurisdiction Non-govemmental salaries of public official and spouse/registered domestic partner Gifts from businesses (such as tickets to sporting or entertainment events) Travel payments from third parties (not your employer) Common Non -Reportable Interests Schedule A-1 Insurance policies, government bonds, diversified mutual funds, certain funds similar to diversified mutual funds (such as exchange traded funds) and investments held in certain retirement accounts. See Reference Pamphlet, page 13, for detailed information. (Regulation 18237) Schedule A-2 Savings and checking accounts and annuities Schedule B A residence used exclusively as a personal residence (such as a home or vacation cabin) Schedule C Governmental salary (such as a school district) Schedule D Gifts from family members Schedule E Travel paid by your govemment agency Remember: 1 Mark the "No reportable interests' box on Part 4 of the Schedule Summary on the Cover Page if you determine you have nothing to disclose and file the Cover Page only. Make sure you carefully read all instructions to ensure proper reporting. ✓ The Form 700 is a public document Most individuals must consult their agency's conflict of interest code for reportable interests. Most individuals fi e the Form 700 with their agencies. FPPC Form 700 (2017/2018) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions • 3 Questions and Answers General Q What is the reporting period for disclosing interests on an assuming office statement or a candidate statement? A. On an assuming office statement, disdose all reportable investments, interests in real property, and business positions held on the date you assumed office. In addition, you must disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you assumed office. On a candidate statement, disclose all reportable investments, interests in real property, and business positions held on the date you file your declaration of candidacy. You must also disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you file your declaration of candidacy. Q I hold two other board positions in addition to my position with the county. Must I file three statements of economic interests? A. Yes, three are required. However, you may complete one statement listing the county and the two boards on the Cover Page or an attachment as the agencies for which you will be filing. Report your economic interests using the largest jurisdiction and highest disclosure requirements assigned to you by the three agencies. Make two copies of the entire statement before signing it, sign each copy with an original signature, and distribute one original to the county and to each of the two boards. Remember to complete separate statements for positions that you leave or assume during the year. Q. I am a department head who recently began acting as city manager. Should I file as the city manager? A. Yes. File an assuming office statement as city manager. Persons serving as "along," "interim," or "alternate" must file as if they hold the position because they are or may be performing the duties of the position. Q As a designated employee, I left one state agency to work for another state agency. Must I file a leaving office statement? A Yes You may also need to file an assuming office statement for the new agency. Q My spouse and I are currently separated and in the process of obtaining a divorce. Must I still report my spouse's income, investments, and interests in real property? A. Yes A public official must continue to report a spouse's economic interests until such time as dissolution of marriage proceedings is final. However, if a separate property agreement has been reached poor to that time, your estranged spouse's income may not have to be reported. Contact the FPPC for more information. Investment Disclosure Q. I have an investment interest in shares of stock in a company that does not have an office in my jurisdiction. Must I still disclose my investment interest in this company? A. Probably. The definition of "doing business in the junsdiction' is not limited to whether the business has an office or physical location in your jurisdiction, See Reference Pamphlet, page 13. Q. My spouse and I have a living trust The trust holds rental property in my junsdiction, our pnmary residence, and investments in diversified mutual funds. I have full disclosure. How is this trust disclosed? A. Disclose the name of the trust, the rental property and its income on Schedule A-2. Your primary residence and investments in diversified mutual funds registered with the SEC are not reportable. Q. I am required to report all investments. I have an IRA that contains stocks through an account managed by a brokerage firm. Must I disclose these stocks even though they are held in an IRA and I did not decide which stocks to purchase? A. Yes. Disclose on Schedule A-1 or A-2 any stock worth $2,000 or more in a business entity located in or doing business in your jurisdiction. FPPC Form 700 (2017/2018) FPPC Advice Email: adviceefppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - 4 Questions and Answers Continued Q. I am the sole owner of my business, an S -Corporation. I believe that the nature of the business is such that it cannot be said to have any "fair market value' because it has no assets. I operate the corporation under an agreement with a large insurance company. My contract does not have resale value because of its nature as a personal services contract. Must I report the fair market value for my business on Schedule A-2 of the Form 700? A. Yes. Even if there are no tangible assets, intangible assets, such as relationships with companies and clients are commonly sold to qualified professionals. The "fair market value" is often quantified for other purposes, such as marital dissolutions or estate planning. In addition, the IRS presumes that "personal services corporations" have a fair market value. A professional "book of business" and the associated goodwill that generates Income are not without a determinable value. The Form 700 does not require a precise fair market value; it is only necessary to check a box indicating the broad range within which the value falls. Q I own stock In IBM and must report this investment on Schedule A-1. I initially purchased this stock in the early 1990s; however, I am constantly buying and selling shares. Must I note these dates in the "Acquired" and "Disposed" fields? A. No. You must only report dates in the "Acquired" or "Disposed" fields when, during the reporting period, you initially purchase a reportable investment worth $2,000 or more or when you dispose of the entire investment. You are not required to track the partial trading of an investment. Q. On last year's filing I reported stock in Encoe valued at $2,000 - $10,000. Late last year the value of this stock fell below and remains at less than $2,000. How should this be reported on this year's statement? A. You are not required to report an investment if the value was less than $2,000 during the entire reporting penod. However, because a disposed date is not required for stocks that fall below $2,000, you may want to report the stock and note in the "comments" section that the value fell below $2,000. This would be for informational purposes only; it is not a requirement. Q. We have a Section 529 account set up to save money for our son's college education. Is this reportable? A. If the Section 529 account contains reportable interests (e.g., common stock valued at $2,000 or more), those interests are reportable (not the actual Section 529 account). If the account contains solely mutual funds, then nothing is reported. Income Disclosure Q. I reported a business entity on Schedule A-2. Clients of my business are located in several states. Must I report all clients from whom my pro rata share of income is $10,000 or more on Schedule A-2, Part 3? A No, only the clients located in or doing business on a regular basis in your jurisdiction must be disclosed. Q I believe I am not required to disclose the names of clients from whom my pro rata share of income is $10,000 or more on Schedule A-2 because of their right to privacy. Is there an exception for reporting clients' names? A. Regulation 18740 provides a procedure for requesting an exemption to allow a client's name not to be disclosed if disclosure of the name would violate a legally recognized privilege under Califomia or Federal law. This regulation may be obtained from our website at www.fppc.ca.gov. See Reference Pamphlet, page 14. Q. I am sole owner of a private law practice that is not reportable based on my limited disclosure category. However, some of the sources of income to my law practice are from reportable sources. Do I have to disclose this income? A. Yes, even though the law practice is not reportable, reportable sources of income to the law practice of $10,000 or more must be disclosed This information would be disclosed on Schedule C with a note in the "comments" section indicating that the business entity is not a reportable investment. The note would be for informational purposes only; it is not a requirement. FPPC Form 700 (2017/2018) FPPC Advice Email: advicegfppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - 5 Questions and Answers Continued Q. I am the sole owner of my business. Where do I disclose my income - on Schedule A-2 or Schedule C? A. Sources of income to a business in which you have an ownership interest of 10% or greater are disclosed on Schedule A-2. See Reference Pamphlet, page 8, for the definition of "business entity." Q. My husband is a partner in a four -person firm where all of his business is based on his own billings and collections from various clients. How do 1 report my community property interest in this business and the income generated in this manner? A. If your husband's investment in the firm is 10% or greater, disclose 100% of his share of the business on Schedule A-2, Part 1 and 50% of his income on Schedule A-2, Parts 2 and 3. For example, a client of your husband's must be a source of at least $20,000 during the reporting period before the client's name is reported. Q. How do I disclose my spouse's or registered domestic partner's salary? A. Report the name of the employer as a source of income on Schedule C. Q. I am a doctor For purposes of reporting $10,000 sources of income on Schedule A-2, Part 3, are the patients or their insurance Garners considered sources of income? A. If your patients exercise sufficient control by selecting you instead of other doctors, then your patients, rather than their insurance carriers, are sources of income to you. See Reference Pamphlet, page 14, for additional information. Q. I received a loan from my grandfather to purchase my home. Is this loan reportable? A. No. Loans received from family members are not reportable. Q. Many years ago, I loaned my parents several thousand dollars, which they paid back this year. Do I need to report this loan repayment on my Form 700? A. No. Payments received on a loan made to a family member are not reportable Real Property Disclosure Q. During this reporting period we switched our principal place of residence into a rental. I have full disclosure and the property is located in my agency's jurisdiction, so it is now reportable. Because I have not reported this property before, do I need to show an "acquired" date? A. No, you are not required to show an "acquired' date because you previously owned the property. However, you may want to note in the "comments" section that the property was not previously reported because it was used exdusively as your residence. This would be for informational purposes only: it is not a requirement. Q. I am a city manager, and I own a rental property located in an adjacent city, but one mile from the city limit. Do I need to report this property interest? A. Yes. You are required to report this property because it is located within 2 miles of the boundaries of the city you manage. Q. Must !report a home that I own as a personal residence for my daughter? A. You are not required to disclose a home used as a personal residence for a family member unless you receive income from it, such as rental income. Q. I am a co-signer on a loan for a rental property owned by a friend. Since I am listed on the deed of trust, do I need to report my friend's property as an interest in real property on my Form 700? A. No. Simply being a co-signer on a loan for property does not create a reportable interest in real property for you. Gift Disclosure Q. If I received a reportable gift of two tickets to a concert valued at $100 each, but gave the tickets to a friend because I could not attend the concert, do I have any reporting obligations? A. Yes. Since you accepted the gift and exercised discretion and control of the use of the tickets. you must disclose the gift on Schedule D. FPPC Form 700 (2017/2018) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — 6 Questions and Answers Continued Q Mary and Joe Benson, a married couple. want to give a piece of artwork to a county supervisor Is each spouse considered a separate source for purposes of the gift limit and disclosure? A. Yes, each spouse may make a gift valued at the gift limit during a calendar year. For example, during 2017 the gift limit was $470, so the Bensons may have given the supervisor artwork valued at no more than $940. The supervisor must identify Joe and Mary Benson as the sources of the gift. Q. I am a Form 700 filer with full disclosure. Our agency holds a holiday raffle to raise funds for a local charity. I bought $10 worth of raffle tickets and won a gift basket valued at $120. The gift basket was donated by Doug Brewer, a citizen in our city. At the same event, I bought raffle tickets for. and won a quilt valued at $70. The quilt was donated by a coworker. Are these reportable gifts? A. Because the gift basket was donated by an outside source (not an agency employee), you have received a reportable gift valued at $110 (the value of the basket less the consideration paid). The source of the gift is Doug Brewer and the agency is disclosed as the intermediary. Because the quilt was donated by an employee of your agency, it is not a reportable gift. Q. My agency is responsible for disbursing grants. An applicant (501(c)(3) organization) met with agency employees to present its application. At this meeting, the applicant provided food and beverages. Would the food and beverages be considered gifts to the employees? These employees are designated in our agency's conflict of interest code and the applicant is a reportable source of income under the code. A. Yes. If the value of the food and beverages consumed by any one filer, plus any other gifts received from the same source during the reporting period total $50 or more, the food and beverages would be reported using the fair market value and would be subject to the gift limit. Q I received free admission to an educational conference related to my official duties. Part of the conference fees included a round of golf. Is the value of the golf considered informational material? A. No. The value of personal benefits, such as golf, attendance at a concert, or sporting event, are gifts subject to reporting and limits. FPPC Form 700 (2017/20181 FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - 7 Instructions — Schedules A-1 and A-2 Investments "Investment" means a financial interest in any business entity (including a consulting business or other independent contracting business) that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect. or beneficial interest totaling $2,000 or more at any time during the reporting period. See Reference Pamphlet, page 13 Reportable investments include: • Stocks, bonds, warrants, and options, including those held in margin or brokerage accounts and managed investment funds (See Reference Pamphlet, page 13 ) • Sole proprietorships • Your own business or your spouse's or registered domestic partner's business (See Reference Pamphlet, page 8, for the definition of "business entity.") Your spouse's or registered domestic partner's investments even if they are legally separate property Partnerships (e.g., a law firm or family farm) • Investments in reportable business entities held in a retirement account (See Reference Pamphlet, page 15.) • If you, your spouse or registered domestic partner. and dependent children together had a 10% or greater ownership interest in a business entity or trust (including a living trust), you must disclose investments held by the business entity or trust See Reference Pamphlet, page 15, for more information on disclosing trusts • Business trusts You are not required to disclose: Government bonds, diversified mutual funds, certain funds similar to diversified mutual funds (such as exchange traded funds) and investments held in certain retirement accounts. See Reference Pamphlet, page 13, for detailed information. (Regulation 18237) • Bank accounts, savings accounts, money market accounts and certificates of deposits • Insurance policies Annuities • Commodities • Shares in a credit union • Govemment bonds (including municipal bonds) • Retirement accounts invested in non -reportable interests (e g., insurance policies. mutual funds, or govemment bonds) (See Reference Pamphlet, page 15.) Reminders • Do you know your agency's jurisdiction? • Did you hold investments at any time during the period covered by this statement? • Code filers - your disclosure categories may only require disclosure of specific investments. Govemment defined -benefit pension plans (such as CaIPERS and CaISTRS plans) • Certain interests held in a blind trust (See Reference Pamphlet, page 16 ) Use Schedule A-1 to report ownership of less than 10°i° (e g , stock) Schedule C (Income) may also be required if the investment is not a stock or corporate bond See second example below Use Schedule A-2 to report ownership of 10% or greater (e.g., a sole proprietorship). To Complete Schedule A-1: Do not attach brokerage or financial statements. • Disclose the name of the business entity • Provide a general description of the business activity of the entity (e.g., pharmaceuticals, computers, automobile manufacturing, or communications). • Check the box indicating the highest fair market value of your investment during the reporting period If you are filing a candidate or an assuming office statement, indicate the fair market value on the filing date or the date you took office, respectively. • Identify the nature of your investment (e.g., stocks, warrants, options, or bonds). • An acquired or disposed of date is only required if you initially acquired or entirely disposed of the investment interest during the reporting period. The date of a stock dividend reinvestment or partial disposal is not required. Generally, these dates will not apply if you are filing a candidate or an assuming office statement_ Examples: John Smith holds a state agency position. His conflict of interest code requires full disclosure of investments. John must disclose his stock holdings of $2,000 or more in any company that is located in or does business in Califomia, as well as those stocks held by his spouse or registered domestic partner and dependent children. Susan Jones is a city council member. She has a 4% interest, worth $5,000, in a limited partnership located in the city. Susan must disclose the partnership on Schedule A-1 and income of $500 or more received from the partnership on Schedule C FPPC Form 700 (2017/2018) FPPC Advice Email: advice!fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — 8 SCHEDULE A-1 Investments Stocks, Bonds, and Other Interests (Ownership Interest is Less Than 1O%) Do not attach brokerage or financial statements. ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ 52,000 - 510,000 O 5100.001 - 51.000,000 p 510,001 5100,000 ❑ Over 51.000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (Deem.) ❑ Partnership 0 Income Received of 50 - 5499 0 Income Received of 8500 or More (Repos on Schedule CI IF APPLICABI E. LIST DATF 1 17 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ 82.000 - 810,000 ❑ 8100,001 81,000,000 ❑ 510,001 - 5100,000 ❑ Over 51,000,000 NATURE Of INVESTMENT 0 Stock ❑ Other (Describe) ❑ Partnership 0 Income Received of 50 - $499 Q Income Recerved of 8500 or More (Report or, Schetuie C) IF APPLICABLE, UST DATE ! 117 17 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE 0 82.000 - 510,000 ❑ 5100,001 - 51,000,000 0 510,001 - 5100.000 ❑ Over 51,000,000 NATURE OF INVESTMENT ❑ stock ❑ Other (Describe) El Partnership 0 Income Received of 50 - 5499 0 Income Received of 5500 or More (Report on Schedule C) IF APPLICABLE LIST DATE / 17 / / 17 ACQUIRED DISPOSED CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES COMMISSION Name ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE 0 82,000 - 510.000 ❑ 8100.001 - 81.coo ,000 0 510,001.5100,000 ❑ Over 51,000,000 NATURE OF INVESTMENT ❑ Stock ❑ Other (D••uibe) U Partnership Q Income Received of 50 - 5499 0 Income Received of $500 or More (Report on Schedule C) IF APPLICABLE. LIST DATE / 17 A- CQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ :2,000 - 510.000 ❑ 5100.001 - st,000,000 0 510,001 - 5100,000 ❑ Over 51,000,000 NATURE OF INVESTMENT O Stock ❑ Other (Dsecnbe) O Partnership ()Income Received of 50 - $499 0 Income Received of $500 or More (Report or Scneduke CI IF APPLICABLE. LIST DATE 17 AC- QUIRED /J 17 DISPOSE D ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE ❑ 52,000 - 510,000 ❑ 5100,001 - 51.000.000 ❑ 810,001 - 5100.000 ❑ Over 51,000.000 NATURE OF INVESTMENT O Stock ❑ Other (Deerxrbs) ❑ Partnership 0 Income Received of $0 - 5499 0 Income Received of 5500 or More (Report on SchedJ, C) IF APPLICABLE LIST DATE j 17 17 ACQUIREE DISPOSED Comments. FPPC Form 700 (2017/2018) Sch- A-1 FPPC Advice Email: adviceLDfppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - Schedule A-2 Investments, Income, and Assets of Business Entities/Trusts Use Schedule A-2 to report investments in a business entity (including a consulting business or other independent contracting business) or trust (including a living trust) in which you, your spouse or registered domestic partner, and your dependent children, together or separately, had a 10% or greater interest, totaling $2,000 or more, during the reporting period and which is located in, doing business in, planning to do business in, or which has done business during the previous two years in your agency's jurisdiction See Reference Pamphlet, page 13 A trust located outside your agency's jurisdiction is reportable if it holds assets that are located in or doing business in the jurisdiction. Do not report a trust that contains non -reportable interests. For example, a trust containing only your personal residence not used in whole or in part as a business, your savings account, and some municipal bonds, is not reportable Also report on Schedule A-2 investments and real property held by that entity or trust if your pro rata share of the investment or real property interest was $2,000 or more during the reporting period To Complete Schedule A-2: Part 1. Disclose the name and address of the business entity or trust. If you are reporting an interest in a business entity, check "Business Entity" and complete the box as follows • Provide a general description of the business activity of the entity. • Check the box indicating the highest fair market value of your investment during the reporting period. • If you initially acquired or entirely disposed of this interest during the reporting period, enter the date acquired or disposed • Identify the nature of your investment. • Disclose the job title or business position you held with the entity, if any (i.e., if you were a director, officer, partner, trustee, employee, or held any position of management) A business position held by your spouse is not reportable Part 2. Check the box indicating your pro rata share of the gross income received by the business entity or trust This amount includes your pro rata share of the gross income from the business entity or trust, as well as your community property interest in your spouse's or registered domestic partner's share. Gross income is the total amount of income before deducting expenses, losses, or taxes Part 3. Disclose the name of each source of income that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction, as follows Disclose each source of income and outstanding loan to the business entity or trust identified in Part 1 if your pro rata share of the gross income (including your community property interest in your spouse's or registered domestic partner's share) to the business entity or trust from that source was $10,000 or more during the reporting period. See Reference Pamphlet, page 11, for examples. Income from governmental sources may be reportable if not considered salary. See Regulation 18232. Loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status are not reportable. Disclose each individual or entity that was a source of commission income of $10.000 or more during the reporting period through the business entity identified in Part 1. See Reference Pamphlet, page 8, for an explanation of commission income. You may be required to disclose sources of income located outside your junsdiction. For example, you may have a client who resides outside your jurisdiction who does business on a regular basis with you Such a client, if a reportable source of $10,000 or more, must be disclosed. Mark "None" if you do not have any reportable $10,000 sources of income to disclose Using phrases such as "various clients" or "not disclosing sources pursuant to attorney-client pnvilege" may tngger a request for an amendment to your statement. See Reference Pamphlet. page 14, for details about requesting an exemption from disclosing pnvileged information. Part 4. Report any investments or interests in real property held or leased by the entity or trust identified in Part 1 if your pro rata share of the interest held was $2,000 or more during the reporting period. Attach additional schedules or use FPPC's Form 700 Excel spreadsheet if needed. • Check the applicable box identifying the interest held as real property or an investment. • If investment, provide the name and description of the business entity. • If real property, report the precise location (e.g., an assessor's parcel number or address). • Check the box indicating the highest fair market value of your interest in the real property or investment during the reporting period. (Report the fair market value of the portion of your residence claimed as a tax deduction if you are utilizing your residence for business purposes.) • Identify the nature of your interest • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property or investment during the reporting period. FPPC Form 700 (2017/2018) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - 10 SCHEDULE A-2 Investments, Income, and Assets of Business Entities/Trusts (Ownership Interest is 10% or Greater) ► 1. BUSINESS ENTITY OR TRUST Name Address (Business Address Acceptable) Check one 0 Trust. go to 2 0 Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAR MARKET VALUE IF APPLICABLE, LIST DATE ❑ so - $1.999 ❑ 52,000 - 510.000 / / 17 )_/ 17 ❑ st000t - $too,000 ACQUIRED DISPOSED ❑ 5100.001 - $1,000000 ❑ Over 51,000.000 NATURE OF INVESTMENT ❑ Partnership ❑ Sole Proprietorship 0 Other YOUR BUSINESS POSITION ► 2. IDENTIFY THE GROSS INCOME RECEIVED (INCLUDE YOUR PRO RATA SHARE OF THE GROSS INCOME IQ THE ENTITY!TRUST) 0 s0 sass 0 ssoo - st.000 ❑ $1,001 - sto,000 ❑ s10.001 - $100000 OVER 5100.000 S. 3 LIST 'HE NAME OF EACH REPORTABLE SINGLE SOURCE OF INCOME OF 510 000 OR MORE 'Attach • swims. stew r mammon( ❑ None or ❑ Names listed beiow P. 4. INVESTMENTS AND INTERESTS IN REAL PROPERTY HELD OR LEASED t y THE BUSINESS ENTITY OR TRUST Check one box ❑ INVESTMENT ❑ REAL PROPERTY Name of Business Entity. if Investment. iN Assessor's Parcel Number or Street Address of Real Property Description of Business Activity or City or Other Precise Location of Real Property FAIR MARKET VALUE IF APPLICABLE. LIST DATE ❑ $2,000 - sto,000 ❑ sto.00, - sio0.000 17 J ) 17 ❑ $100,001 - st,000,000 ACQUIRED DISPOSED ❑ Over 51,000,000 NATURE OF INTEREST ❑ Property Ownership/Deed of Trust ❑ Stock ❑ Partnership O Leasehold ❑ Other Yrs rorrsainag ❑ Check box If additional schedules reporting investments or real property are attached CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES COMMISSION Name ► 1. BUSINESS ENTITY OR TRUST Address (Business Address Acceptable) Check one 0 T ust, go to 2 ❑ Business Entity. complete the box. then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE IF APPLICABLE, LIST DATE so - $1,999 $2,000 - $10,000 /. / 17 ) / 17 $10.001 - $100,000 ACQUIRED DISPOSED $100,001 -51,000.000 Over 51,000,000 NATURE Of INVESTMENT ❑ Partnership 0 Sole Propnetorship ❑ Other YOUR BUSINESS POSITION 2. IDENTIFY THE GROSS INCOME RECEIVED (INCLUDE YOUR PRO RATA SHARE OF THE GROSS INCOME IQ THE ENTITY/TRUST) ❑so -5499 ❑ ssoo - 51 000 ❑ $Loot - slo,000 0 $10001 - $100,000 ❑ OVER 5100.000 3 LIST THE NAME OF EACH REPORTABLE SINGLE SOURCE OF INCOME OF 510 090 OR MORE m ixn a saps'$. sneer a necessary. None or 1 Names listed below ► 4 INVESTMENTS AND INTERESTS IN REAL PROPERTY HELD OR LEASED 5 THE BUSINESS ENTITY OR TRUST Check one box ❑ INVESTMENT ❑ REAL PROPERTY Name of Business Entity, H Investment, or Assessor's Parcel Number or Street Address of Real Property Description of Business Activity g City or Other Precise Location of Real Property FAIR MARKET VALUE IF APPLICABLE, LIST DATE ❑ 52.000 - $10.000 ❑ sto,00t - stoo,000 / 1 17 / / 17 ❑ $100,001 - s1,000.0oo ACQUIRED DISPOSED ❑ Over 51.000,000 NATURE OF INTEREST ❑ Property Ownership/Oeed of Trust ❑ Stock ❑ Partnership ❑ Leasehold ❑ Other Yrs roenrrsrg ❑ Check box :f additional schedules reporting Investments or real property are attached Comments: FPPC Form 700 (2017/2018) Sch. A-2 FPPC Advice Email: advice@fppc.ca-gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — Schedule B Interests in Real Property Report interests in real property located in your agency's jurisdiction in which you. your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more any time during the reporting period. Real property is also considered to be '1lvithin the jurisdiction" of a local govemment agency if the property or any part of it is located within two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local govemment agency See Reference Pamphlet, page 13. Interests in real property include: An ownership interest (including a beneficial ownership interest) A deed of trust, easement, or option to acquire property • A leasehold interest (See Reference Pamphlet, page 14.) • A mining lease • An interest in real property held in a retirement account (See Reference Pamphlet, page 15.) An interest in real property held by a business entity or trust in which you, your spouse or registered domestic partner, and your dependent children together had a 10% or greater ownership interest (Report on Schedule A-2.) Your spouse's or registered domestic partner's interests in real property that are legally held separately by him or her You are not required to report: • A residence, such as a home or vacation cabin, used exclusively as a personal residence (However, a residence in which you rent out a room or for which you claim a business deduction may be reportable. If reportable, report the fair market value of the portion claimed as a tax deduction . ) Please note: A non -reportable residence can still be grounds for a conflict of interest and may be disqualifying. Interests in real property held through a blind trust (See Reference Pamphlet. page 16, for exceptions.) To Complete Schedule B: • Report the precise location (e.g., an assessor's parcel number or address) of the real property • Check the box indicating the fair market value of your interest in the property (regardless of what you owe on the property) • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property during the reporting period • Identify the nature of your interest. If it is a leasehold. disclose the number of years remaining on the lease. Reminders • Income and loans already reported on Schedule B are not also required to be reported on Schedule C. • Real property already reported on Schedule A-2, Part 4 is not also required to be reported on Schedule 8 • Code filers - do your disclosure categories require disclosure of real property? • If you received rental income, check the box indicating the gross amount you received. • If you had a 10% or greater interest in real property and received rental income, list the name of the source(s) if your pro rata share of the gross Income from any single tenant was $10,000 or more during the reporting period. If you received a total of $10,000 or more from two or more tenants acting in concert (in most cases, this will apply to married couples), disclose the name of each tenant. Otherwise, mark "None." • Loans from a private lender that total $500 or more and are secured by real property may be reportable Loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status are not reportable. Mien reporting a loan: Provide the name and address of the lender Describe the lender's business activity. Disclose the interest rate and term of the loan For variable interest rate loans. disclose the conditions of the loan (e.g., Pnme + 2) or the average interest rate paid during the reporting period The term of a loan is the total number of months or years given for repayment of the loan at the time the loan was established. Check the box indicating the highest balance of the loan during the reporting period - Identify a guarantor, if applicable. If you have more than one reportable loan on a single piece of real property, report the additional loan(s) on Schedule C Example: Joe Nelson is a city planning commissioner. Joe received rental income of $12,000 dunng the reporting penod from a single tenant who rented property Joe owned in the city's jurisdiction. If Joe had received the $12,000 from two or more tenants, the tenants' names would not be required as long as no single tenant paid $10,000 or more A married couple would be considered a single tenant. • CO agar••.O 11000 211. e..w aro e11a.M•.•b raw ••••1, •.,. •1111 ••r M•., . MAIM A PAM 1111M00 iliaYMNI MIMEO ••••�:•d•"Am 011.11.• c 01111•1111, MIMIIINV. /OM MOM M.. U •.• uSO- Non i••M M..•. ep r•. .•••r J O.. MUM w.w•.•.•WOW •w— ,o• 1111.• Nowt IN r..• a •M .r N • • .r. •r•4 Wray INalla 11,411118 Mimeo MINIM ffibior....metrai 2121 Oho Sky v.k.ry, ers.•w.o .•No.• ••,•,.... • use., Ia.w•. Owner .n•�..•• '1•• ••.M.'.•O e _ 15 V.•. ,1111.r roma cum. ea -M• •.•m - NL, Mom • Mae Mas own Mum Odealma •,•1111• Gomments FPPC Form 700 (2017/2018) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - 12 SCHEDULE B Interests in Real Property (Including Renta Income) ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE IF APPLICABLE, LIST DATE. • 52.000 - 810,000 • 510.001 - 5100.000 1. / 17 / / 17 III 5100.001 - 51.000.000 ACQUIRED DISPOSED • Over 51,000,000 NATURE OF INTEREST • Ownership/Deed of Trust • Easement L. j Leasehold E Yrn rerrnrrq Other IF RENTAL PROPERTY. GROSS INCOME RECEIVED • 80 - 5499 U 5500 - 51,000 • 51,001 - 810,000 • 810,001 - 5100,000 • OVER 5100.000 SOURCES OF RENTAL INCOME If you own a 10% or greater interest, list the name of each tenant that is a single source of income of 510,000 a more II None CALIFORNIA FORM 700 PAIR POLITICAL PRACTICES COMMISSION Name ► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE IF APPLICABLE, LIST DATE ❑ 52,000 - 510,000 0 810,001 - 5100,000 / / 17 ❑ 5100,001 - 51,000,000 ACQUIRED DISPOSED Over 51,000,000 NATURE OF INTEREST Ownership/Deed of Trust ❑ Easement 0 Leasehold Yrs. Minoring ONO IF RENTAL PROPERTY GROSS INCOME RECEIVED ❑ 80 - 5499 0 5500 - 51,000 0 51.001 - 510,000 0 510,001 - 5100,000 0 OVER 8100,000 SOURCES OF RENTAL INCOME If you own a 10% or greater interest, list the name of each tenant that is a single source of income of 510,000 or more ❑ None * You are not required to report loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows. NAME OF LENDER' ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE TERM (Months/Years) % ❑ None HIGHFST BALANCE DURING REPORTING PERIOD ❑ 5500 - 81.o00 ❑ 510.001 - 5100,000 ❑ Guarantor it applicable ❑ 51,001 - 510,000 ▪ OVER 5100,000 NAME OF LENDER' ADDRESS (Business Address Acceptable. BUSINESS ACTIVITY, IF ANY. OF LENDER INTEREST RATE TERM (Months/Years) % ❑ None HIGHEST BALANCE DURING REPORTING PERIOD EI moo - 51,00o ❑ 510,001 - 5100.000 ❑ Guarantor, it applicable ❑ 51,001 - 510,000 ❑ OVER 5100,000 Comments: FPPC Form 700 (2017/2018) Sch. B FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - Schedule C Income, Loans, & Business Positions (Income Other Than Gifts and Travel Payments) Reporting Income: Report the source and amount of gross income of $500 or more you received during the reporting period Gross income is the total amount of income before deducting expenses, losses, or taxes and includes loans other than loans from a commercial lending institution. See Reference Pamphlet, page 11 You must also report the source of income to your spouse or registered domestic partner if your community property share was $500 or more during the reporting period. The source and income must be reported only if the source is located in, doing business in, planning to do business in, or has done business during the previous two years in your agency's jurisdiction. See Reference Pamphlet, page 13, for more information about doing business in the jurisdiction Reportable sources of income may be further limited by your disclosure category located in your agency's conflict of interest code. Reporting Business Positions: You must report your job title with each reportable business entity even if you received no income during the reporting period. Use the comments section to indicate that no income was received Commonly reportable income and loans include: Salary/wages, per diem, and reimbursement for expenses including travel payments provided by your employer • Community property interest (50%) in your spouse's or registered domestic partner's income - report the employer's name and all other required information • Income from investment Interests, such as partnerships reported on Schedule A-1 • Commission income not required to be reported on Schedule A-2 (See Reference Pamphlet, page 8.) • Gross income from any sale, including the sale of a house or car (Report your pro rata share of the total sale price.) • Rental income not required to be reported on Schedule B • Prizes or awards not disclosed as gifts Payments received on loans you made to others An honoranum received pnor to becoming a public official (See Reference Pamphlet, page 10. concerning your ability to receive future honoraria ) • Incentive compensation (See Reference Pamphlet, page 12) Reminders • Code filers - your disclosure categories may not require disclosure of all sources of income • If you or your spouse or registered domestic partner are self-employed, report the business entity on Schedule A-2. • Do not disclose on Schedule C income, loans, or business positions already reported on Schedules A-2 or B You are pQj required to report: • Salary, reimbursement for expenses or per diem, or social security, disability, or other similar benefit payments received by you or your spouse or registered domestic partner from a federal. state, or local government agency. • Stock dividends and income from the sale of stock unless the source can be identified • income from a PERS retirement account. See Reference Pamphlet, page 11, for more exceptions to income reporting. To Complete Schedule C: Part 1. Income Received/Business Position Disclosure • Disclose the name and address of each source of income or each business entity with which you held a business position. • Provide a general description of the business activity if the source is a business entity • Check the box indicating the amount of gross income received • Identify the consideration for which the income was received. • For income from commission sales, check the box indicating the gross income received and list the name of each source of commission income of $10,000 or more See Reference Pamphlet, page 8 Note: If you receive commission income on a regular basis or have an ownership interest of 10% or more, you must disclose the business entity and the income on Schedule A-2. Disclose the job title or business position, if any, that you held with the business entity, even if you did not receive income during the reporting period Part 2. Loans Received or Outstanding During the Reporting Period • Provide the name and address of the lender • Provide a general description of the business activity if the lender is a business entity. Check the box indicating the highest balance of the loan during the reporting period. • Disclose the interest rate and the term of the loan. - For vanable interest rate loans, disclose the conditions of the loan (e.g , Prime + 2) or the average interest rate paid during the reporting period. The term of the loan is the total number of months or years given for repayment of the loan at the time the loan was entered into. • Identify the security, if any, for the loan. FPPC Form 700 (2017/2018) FPPC Advice Email: advice@fppc.ca.gov FPPC Toil -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - 14 SCHEDULE C Income, Loans, & Business Positions (Other than Gifts and Travel Payments) ► 1 INCOME RECEIVED NAME OF SOURCE OF INCOME ADDRESS (8uainess Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION GROSS INCOME RECEIVED D moo - st,000 ❑ sloop - stoo.000 ❑ No Income - Business Position Only 0 $1,001 - $10.000 0 OVER S100.000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑ Salary ❑ Spouse's or rvyustered domestic partner's (For sett -employed use Schedule A-2 ) 0 Partnership (Less than IC% ownership For 10% or greater use Schedule A-2 ) DSale of (Heal property. car 0051etc) ncome ci Loan repayment ❑ CUmMISSAun or 0 Rental Income, psi each source 510.000 or more (Describe) ❑ Other (Du bel ► 1 INCOME RECEIVED CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES COMMISSION Narne NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION GROSS INCOME RECEIVED 0 5500 - S1.000 0 $10,001 - S100 000 ❑ No Income - Business Position Only ❑ s1 001 - S1o,000 ❑ OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED ❑ salary ❑ Spouse's or registered domestic pa ner's income (For sett -employed use Schedule A-2.) ❑ Partnership (Less than 10% ownership For 10% or greater use Schedule A-2.) [1 Sale of (Red properly car, boar, etc.) ❑ l oar repayment ❑ Cornrnssim nr Rental tnCOme, pet each source ot $10,000 or more (Describe) (Describe) ► 2 LOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD * You are not required to report loans from commercial lending institutions, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER' ADDRESS (business Address Acceptable) BUSINESS ACTIVITY. IF ANY OF LENDER HIGHEST BALANCE DURING REPORTING PERIOD ❑ S500 . S1,000 ❑ $1,001 - slo,0o0 0 sio oo1 - s1oo,000 ❑ OVER 5100,000 INTEREST RATE % D None SECURITY FOR LOAN None fl Personal residence Real Property TERM (Months/Years) ❑ Guarantor Street eousess Cut, ❑ Other (Descnner Comments: FPPC Form 700 (2017/2018) Sch. C FPPC Advice Email. advicetfppc.ca.gov FPPC TollFreeHelpline: 866/275-3772 www.fppc.ca.gov Instructions - Schedule D Income - Gifts A gift is anything of value for which you have not provided equal or greater consideration to the donor A gift is reportable if its fair market value is $50 or more In addition, multiple gifts totaling $50 or more received during the reporting penod from a single source must be reported It is the acceptance of a gift, not the ultimate use to which it is put, that imposes your reporting obligation_ Except as noted below, you must report a gift even if you never used it or if you gave it away to another person. If the exact amount of a gift is unknown, you must make a good faith estimate of the item's fair market value. Listing the value of a gift as "over $50" or "value unknown" is not adequate disclosure. In addition, if you received a gift through an intermediary, you must disclose the name, address, and business activity of both the donor and the intermediary. You may indicate an intermediary either in the "source' field after the name or in the "comments" section at the bottom of Schedule D. Commonly reportable gifts include: • Tickets/passes to sporting or entertainment events • Tickets/passes to amusement parks • Parking passes not used for official agency business • Food, beverages, and accommodations, including those provided in direct connection with your attendance at a convention, conference, meeting, social event, meal, or like gathering • Rebates/discounts not made in the regular course of business to members of the public without regard to official status • Wedding gifts (See Reference Pamphlet, page 16) An honorarium received prior to assuming office (You may report an honorarium as income on Schedule C, rather than as a gift on Schedule 0, if you provided services of equal or greater value than the payment received. See Reference Pamphlet, page 10, regarding your ability to receive future honoraria.) • Transportation and lodging (See Schedule E.) • Forgiveness of a loan received by you You are pat required to disclose: • Gifts that were not used and that, within 30 days after receipt, were retumed to the donor or delivered to a charitable organization or government agency without Reminders • Gifts from a single source are subject to a $470 limit during 2017 See Reference Pamphlet, page 10 • Code filers - you only need to report gifts from reportable sources Gift Tracking Mobile Application . FPPC has created a gift tracking app for mobile devices that helps filers track gifts and provides a quick and easy way to upload the information to the Form 700. Visit FPPC's website to download the app. being claimed by you as a charitable contribution for tax purposes • Gifts from your spouse or registered domestic partner, child, parent, grandparent, grandchild, brother, sister, and certain other famly members (See Regulation 18942 for a complete list.). The exception does not apply if the donor was acting as an agent or intermediary for a reportable source who was the true donor. • Gifts of similar value exchanged between you and an individual, other than a lobbyist registered to lobby your state agency, on holidays, birthdays, or similar occasions • Gifts of informational matenal provided to assist you in the performance of your official duties (e g., books. pamphlets, reports, calendars, periodicals, or educational seminars) • A monetary bequest or inheritance (However, inherited investments or real property may be reportable on other schedules.) • Personalized plaques or trophies with an individual value of Tess than $250 • Campaign contributions • Up to two tickets, for your own use, to attend a fundraiser for a campaign committee or candidate, or to a fundraiser for an organization exempt from taxation under Section 501(cx3) of the Internal Revenue Code. The ticket must be received from the organization or committee holding the fundraiser • Gifts given to members of your immediate family if the source has an established relationship with the family member and there is no evidence to suggest the donor had a purpose to influence you. (See Regulation 18943.) • Free admission, food, and nominal items (such as a pen, pencil, mouse pad, note pad or similar item) available to all attendees. at the event at which the official makes a speech (as defined in Regulation 18950(b)(2)), so long as the admission is provided by the person who organizes the event. • Any other payment not identified above, that would otherwise meet the definition of gift, where the payment is made by an individual who is not a lobbyist registered to lobby the official's state agency, where it is clear that the gift was made because of an existing personal or business relationship unrelated to the official's position and there is no evidence whatsoever at the time the gift is made to suggest the donor had a purpose to influence you. To Complete Schedule D: • Disclose the full name (not an acronym), address, and, if a business entity, the business activity of the source. • Provide the date (month. day, and year) of receipt, and disclose the fair market value and descnption of the gift FPPC Form 700 (2017/2018) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — 16 SCHEDULE D Income - Gifts ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mmldd/yy) VALUE DESCRIPTION OF GIFT(S) -/_L- S —/_1— i _J—J— s _1_1 ► NAME OF SOURCE (Not en Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mrrddd/yy) VALUE DESCRIPTION OF GIFT(S) -!_/_ $ _1_1_ $ —/_1— S I. NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/ddtyy) VALUE DESCRIPTION OF GIFT(S) S -/-/- $ _1_— _____I— S Comments CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES COMMISSION Name ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) $ —/___1— $ _J—J— s _1_1 ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) $ —1-1— $ —_J—_— _J_____J— S ► NAME OF SOURCE (Not an Anonym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) s _1-1_ S _1—/— _J—J $ FPPC Form 700 (2017/2018) Sch. D FPPC Advice Email: advicePfppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions — Schedule E Travel Payments, Advances, and Reimbursements Travel payments reportable on Schedule E include advances and reimbursements for travel and related expenses, including lodging and meals Gifts of travel may be subject to the gift limit. In addition, certain travel payments are reportable gifts, but are not subject to the gift limit To avoid possible misinterpretation or the perception that you have received a gift in excess of the gift limit, you may wish to provide a specific description of the purpose of your travel. See the FPPC fact sheet entitled "Limitations and Restrictions on Gifts. Honoraria, Travel, and Loans' at www.fppc.ca.gov. You are net required to disclose: • Travel payments received from any state, local, or federal government agency for which you provided services equal or greater in value than the payments received, such as reimbursement for travel on agency business from your govemment agency employer. • A payment for travel from another local, state, or federal govemment agency and related per diem expenses when the travel is for education, training or other inter -agency programs or purposes • Travel payments received from your employer in the normal course of your employment that are included in the income reported on Schedule C • A travel payment that was received from a non-profit entity exempt from taxation under Internal Revenue Code Section 501(c)(3) for which you provided equal or greater consideration, such as reimbursement for travel on business for a 501(cX3) organization for which you are a board member. Note: Certain travel payments may not be reportable if reported on Form 801 by your agency. To Complete Schedule E: • Disclose the full name (not an acronym) and address of the source of the travel payment. • Identify the business activity if the source is a business entity. • Check the box to identify the payment as a gift or income, report the amount, and disclose the date(s). - Travel payments are gifts if you did not provide services that were equal to or greater in value than the payments received. You must disclose gifts totaling $50 or more from a single source during the period covered by the statement. When reporting travel payments that are gifts, you must provide a description of the gift, the date(s) received, and the travel destination. Travel payments are income if you provided services that were equal to or greater in value than the payments received. You must disclose income totaling $500 or more from a single source during the period covered by the statement. You have the burden of proving the payments are income rather than gifts. When reporting travel payments as income, you must describe the services you provided in exchange for the payment. You are not required to disclose the date(s) for travel payments that are income. Example: City council member Rick Chandler is the chairman of a 501 (cX6) trade association and the association pays for Rick's travel to attend its meetings. Because Rick is deemed to be providing equal or greater consideration for the travel payment by virtue of serving on the board, this payment may be reported as income. Payments for Rick to attend other events for which he is not providing services are likely considered gifts. .SMEaSOURCE dtlaAvow/ Hss/i Soria* Trude Arodion ADORNS "Om AA•FYW 1230 K SYsst, Sults GIO art Mn ** SIMMIIIIID, CA 1M — in OMEemow MOM ACTWV. F MM CC soma Auoad, d HsMfssys Wotan a _1_1_ - i wr8150.00 mg" • wn CM.IX of = G! an * umnr Mp 9puuworrapwF PtlM . j A 1 r Hv.d. Dum„m, TrnN romburseneni$ for tir,. FPPC Form 700(2017/2018) FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov Instructions - 18 SCHEDULE E Income — Gifts Travel Payments, Advances, and Reimbursements CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES COMMISSION Name • Mark either the gift or income box. • Mark the "501(c)(3)" box for a travel payment received from a nonprofit 501(c)(3) organization or the "Speech" box if you made a speech or participated in a panel. These payments are not subject to the gift limit, but may result in a disqualifying conflict of interest. • For gifts of travel, provide the travel destination. ► NAME OF SOURCE (Not en Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 0 501 (c(3) or DESCRIBE BUSINESS ACTIVITY. IF ANY. OF SOURCE DATE(S) _/_I - AMT $ —/_ (n g'ft) ► MUST CHECK ONE- • Gift or- • Income O Made a Speech/Participated in a Panel Q Other - Provide Description O Made a Speech/Participated in a Panel O Other - Provide Description i. If Gilt, Provide Travel Destination ► 11 Got, Provide Travel Destination ► NAME OF SOURCE (Nor an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE • 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE • 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S)- ____/_/____ - —/_ AMT $ (If gift) . MUST CHECK ONE • Gift -or- • In ome O Made a Speech/Participated in a Panel Q Other - Provide Descnption O Made a Speech/Participated in a Panel O Other - Provide Description • If Gift, Provide Travel Destination ► If Gift Provide Travel Destination ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE • 501 (cX3) or DESCRIBE BUSINESS ACTIVITY, IF ANY. OF SOURCE DATES) _/_I_ - _____i_i_ AMT $ (if gift) ► MUST CHECK ONE • Gift - 0 Income O Made a Speech/Participated in a Panel O Other - Provide Description ► 11 Got, Provide Travel Destination ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE • 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S) - AMT $ _t______/ _J_/ Of gift) P. MUST CHECK ONE II Gift or- ❑ Income O Made a Speech/Participated in a Panel O Other - Provide Description ► If Gift Provide Travel Destination Comments: FPPC Form 700 (2017/2018)Sch.E FPPC Advice Email: advice@fppc.ca.gov FPPC Toll -Free Helpline: 866/275-3772 www.fppc.ca.gov SECTION 7 co Conflicts of Interest p HANDBOOK lINISummaryof the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Updated including changes effective January 1, 2018 IIRWG RICHARDS WATSON GERSHON Table of Contents Page No. I. LAWS AND REGULATIONS AFFECTING DECISION-MAKING 1 A. The Political Reform Act 1 1. Disclosure Requirements under the Political Reform Act 2 2. Conflicts of Interest under the Political Reform Act 4 3. The FPPC's Test for Analyzing Conflicts of Interest 5 4. Abstention 22 5. Penalties for Violation 23 6. Seeking Advice on Conflict of Interest Questions 23 B. Government Code Section 1090 24 1. Three Principal Components of Section 1090 25 2. Exceptions to Section 1090 29 3. A Contract Made in Violation of Section 1090 is Void and Officials Violating Section 1090 Are Subject to Severe Penalties 31 4. Aiding and Abetting Section 1090 Violations 31 5. Seeking FPPC Advice on Section 1090 31 6. Statute of Limitations for Section 1090 Violations 32 C. Common Law Doctrine against Conflicts of Interest 32 II. OTHER SPECIALIZED CONFLICTS OF INTEREST LAWS AND REGULATIONS 34 A. Doctrine against Holding Incompatible Offices 34 1. The Common Law Doctrine against Holding Incompatible Offices 34 2. The Statutory Codification of the Common Law Doctrine of Incompatible Offices - Government Code Section 1099 36 B. Incompatible Outside Activities 37 C. Successor Agency and Oversight Board Conflicts 37 1. Form 700s for Successor Agency and Oversight Board Members 37 Summary of Principal Conficts of Interest Lows and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page Toble of Contents 2. Obligation of Successor Agencies to Adopt Conflict of Interest Codes 38 3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code 39 4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements of Economic Interests 39 D. Discount Passes on Common Carriers 40 E. Conflicts upon Leaving Office - the "Revolving Door" 41 F. Laws Prohibiting Bribery 42 G. Campaign Contributions 43 1. Conflicts of Interests Arising on Appointed Boards and Commissions 43 2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to an Official Act 44 3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Same Agency 45 4. Nepotism 45 III. LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS, HONORARIA AND LOANS 47 A. Limitations on Receipt of Giffs 47 1. General Gift Limitation 47 2. Biennial Gift Limit Adjustment 47 3. Exceptions to Gifts 48 4. Gifts to an Agency 52 5. Gifts to an Official's Family 53 6. Invitation -Only Events 54 7. Tickets to Political and Charitable Fundraisers 55 8. Tickets and Passes to Events 56 9. Gifts from a Government Agency to an Official in That Agency 58 10. Wedding Gifts 58 11. Certain Gifts of Travel ... 58 B. Prohibitions on Receipt of Honoraria 63 Summary of Principal Conficts of Interest Laws and Regulations V 2018 Richards, Watson 8 Gershon 2178714 Page ii Table of Contents 1. Exceptions to the Prohibition on Honoraria 63 C. Prohibitions on Receipt of Certain Types of Loans 64 1. Prohibition on Loans Exceeding $250 from Other City Officials, Employees, Consultants and Contractors 64 2. Requirement for Loans of $500 or More from Other Persons and Entities to Be in Writing 65 3. Exceptions to Loan Limits and Documentation Requirements 65 4. Loans that Become Gifts are Subject to the Gift Prohibition 65 5. Exceptions - Loans that Do Not Become Gifts 66 IV. PROHIBITION AGAINST MASS MAILINGS 67 A. Test for Prohibited Mass Mailing 67 1. Delivery of Tangible Item 67 2. Features or Includes Reference to an Elected Official 68 3. Public Expense 68 4. More than 200 Copies of the Item 69 B. Exceptions to the Mass Mailing Prohibition 69 V. EXPENDITURES TO SUPPORT OR DEFEAT A BALLOT MEASURE 70 VI. PROHIBITION ON GIFTS OF PUBLIC FUNDS 74 VII. CONCLUSION 75 Summary of Principal Conficts of Interest Laws and Regulations ® 2018 Richards. Watson & Gershon 2178714 Page m INTRODUCTION This Handbook is prepared to provide you with a summary of the major provisions of California's principal conflicts of interest laws and regulations. The text of the laws and regulations referenced in this Handbook can be found on the websites for the California Legislature (http://leginfo.legislature.ca.gov/faces/codes.xhtml) and the Fair Political Practices Commission ("FPPC") (http://www.fppc.ca.gov/the-law.html). This Handbook is designed to familiarize city officials and staff with California's principal conflicts of interest laws and regulations. Because the laws and regulations change frequently, we recommend that you use this Handbook to become familiar with the basic principles of the conflict laws and regulations, but we also recommend that you contact your City Attorney as soon as you 'hink that you may have a potential conflict of interest. We would be glad to help you analyze a potential conflict of interest and/or contact the FPPC for guidance. We hope you find this Handbook useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact us. Richards, Watson & Gershon Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page iv Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations IIRWG Surnnury of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson 8. Gershon 2178714 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations I. LAWS AND REGULATIONS AFFECTING DECISION-MAKING A. The Political Reform Act In 1974, California voters approved Proposition 9, a statewide initiative titled "the Political Reform Act" (the "Act" or the "PRA''). Gov't Code § 81000 et seq.' At the time, the measure was the most detailed disclosure law in the nation, and it included new requirements for reporting campaign and lobbying activities. Although the Act was initially written before the Watergate scandal broke, by the time Proposition 9 appeared on the ballot the drama had unfolded, and nationwide reform proposals were being drafted. The Act passed by an overwhelming majority, and one of its provisions created a new state agency called the Fair Political Practices Commission ("FPPC"). The FPPC was charged with interpreting and enforcing the Act, and pursuant to this authority, the agency drafted a series of regulations. Since the Act went into effect in 1975, the FPPC has issued new regulations and amendments to existing regulations almost every year. The Act covers numerous topics germane to ethical behavior in public office—financial data reporting obligations, lobbying restrictions, required campaign disclosures, limitations on campaign financing, proscriptions on mass mailings, restrictions on gifts and honoraria, and most significantly, prohibitions on conflicts of interest in the making of governmental decisions. The Act also contains reporting procedures for financial interests and campaign contributions, as well as disqualification requirements when certain financial interests or campaign contribution standards are satisfied. Please note that this Handbook is general in nature and may not cover all aspects of an actual conflicts of interest issue. Thus, it is not intended to constitute advice on specific conflicts of interest questions. In the event you have concerns about a possible conflict of interest, you should contact your city attorney or agency counsel for further advice. ' All statutory references are to the California Government Code unless otherwise indicated. Regulations of the FPPC are referred to as "Regulation." Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson 8. Gershon 2178714 Page 1 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 1. Disclosure Requirements under the Political Reform Act a. Statements of Economic Interests The Act requires public officials to disclose assets and income that may be materially affected by their official actions by filing a "Statement of Economic Interests" (also known as a "Form 700"). § 87202; Regulation 18115. The requirement applies to council members, judges, elected state officers, members of planning commissions, members of boards of supervisors, district attorneys, county counsels, city managers, city attorneys, city treasurers and other public officials who manage public investments, and to candidates for any of these offices at any election. § 87200. Officials must file the Form 700 within 30 days after assuming office, and candidates must file no later than the final filing date cf a declaration of candidacy. §§ 87201-02. An official must file annually thereafter until he or she leaves office, at which point he or she must file a final statement. §§ 87202-03. The required disclosures on the Form 700 include: • Investments in business entities (e.g., stock holdings, owning a business, a partnership) that are located or do business in the jurisdiction; Interests in real estate (real property) in the jurisdiction, but not including the official's home address; • Sources of personal income,2 including gifts, loans and travel payments:3 and • Positions of management or employment with business entities that do business in the jurisdiction. § 87203. If the official no longer holds certain investments and real property interests at the time of filing, but held them during the 12 months prior to filing, he or she must still disclose those interests on the Form 700. Id. The Form 700 is a public document open to inspection and duplication. For public officials not covered by the requirements of Section 87203, including employees of state and local government agencies, it is up to the agencies that employ them to decide what their disclosure requirements are. Each state and local agency must adopt a conflicts of interest code tailoring the disclosure requirements for each position within the agency to the types of governmental decisions a person holding that position would make. For example, an employee who approves contracts for goods or services purchased by his or her agency would not be required to disclose - In some instances, an official may need to discbse the sources of income to a business entity in which the official has an ownership interest if the official owns at least 10 percent of a business. In that case, the official would be required to disclose a source of income to the business os a source of income to the official if the official's pro rata share of gross receipts from that source exceeds $10,000 in aggregate during the reporting period. § 87207(b). In those cases, the official must report the name, address, and a general description of the business activity of the business entity, as well as the name of the source of income that aggregates to $10.000 or more. As of January 1, 2016, if an official receives a gift that is a hovel payment, advance, or reirnbursement valued at $50 or more the official must also disclose the travel destination. § 87207(c) (4). Surnmory of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson 8. Gershon 2178714 Page 2 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations real estate interests, but would be required to disclose investments in and income from individuals and entities that supply equipment, materials, or services to the agency. §§ 87301-02. A city that maintains an internet website must post a list of the elected officers who file a Form 700 with that city. A statement must also be posted on the website indicating that these Form 700s may be obtained by visiting the FPPC office or the city clerk's office. The statement must include the physical address for both the FPPC and the city clerk's office. Finally, a link to the FPPC website must be posted with a statement that indicates that Form 700 "for some state and local government agency elected officers may be available in electronic format" on the FPPC's internet website. § 87505. In 2013, the Legislature enacted Assembly Bill 409, which allows the FPPC and local agencies to develop an online system for filing Form 700s. Only a limited number of public agencies have received FPPC approval to establish an electronic filing system at this point. If a local agency elects to establish such a system, filers must submit their Form 700 electronically. § 87500.2. b. Behested Contributions There are also disclosure requirements for certain fundraising activities that elected officials perform for others. Elected officials who successfully solicit one or more contributions for "legislative, governmental, or charitable purposes" that equal or exceed $5,000 in the aggregate from the same source during a single calendar year must file a report with the official's agency (typically the city clerk) within 30 days of reaching the $5,000 threshold. § 84224(a). The report must contain the following information: • The contributor's name and address; • The amount of the contribution; • The date or dates on which the payments were made; • The name and address of the contribution recipient; • If goods or services were cortributed, a description of those goods and services; and • A description of the purpose or event for which the contribution was used. The statute does not define the term "legislative, governmental, or charitable purposes," but charitable purposes typically involve 501 (c)(3) organizations. Examples of "governmental" purposes include fundraising for a new city hall roof, an inaugural celebration committee,4 litigation expenses,5 a breakfast honoring public safety Sutton Advice Letter. No. A-05-256. 2005 WL 3693740 (2005) ' Stoen Advice Letter. No. A-03-185, 2004 WL 334564 (2004) Idistrict attorney's expenses in suing a private company when governing body withdrew funding for effort). Summary of Principal Conflicts of Interest Laws and Regulations lin 2018 Richards. Watson & Gershon 2178714 Page 3 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations personnel,' and youth conferences. The term "legislative purpose," in turn, refers to a 1996 FPPC opinion in which a state senator asked a private party to pay for a witness' airfare and expenses to testify at a legislative hearing.8 These reporting requirements also apply if the payment is "made at the behest of" the elected officer, even if the officer did not actively solicit contributions. The reporting requirement therefore applies when a fundraising solicitation "features" the elected officer, meaning the "item mailed includes the elected officer's photograph or signature, or singles out the elected officer by the manner of display of his or her name or office in the layout of the document, such as by headlines, captions, type size, typeface, or type color." Regulation 18215.3. This disclosure requirement does not apply to a behested payment made by a local, state, or federal governmental agency for a principally legislative or governmental purpose. § 84224(b)(4). 2. Conflicts of Interest under the Political Reform Act In addition to the disclosure requirements, the Act requires public officials to disqualify themselves from making, participating in making, or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a financial interest. § 87100; Regulation 18700. An official has a disqualifying financial interest in a decision if the decision will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, directly on the official or a member of the official's immediate family, or on certain listed financial interests. The listed financial interests are: • Any business entity in which the public official has a direct or indirect investment worth $2,000 or mcre. • Any real property in which the public official has a direct or indirect interest worth $2,000 or more. • Any source of income, including commission income or incentive income, aggregating to at least $500 within 12 months prior to the time when the decision is made. The $500 must be provided or promised to, or received by, the official during the 12 months before the decision. • Any business entity (excluding nonprofit corporations) in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. • Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $470 or more in value provided toreceived by, or promised • Gallegos Advice Letter. No. A-00-059 2000 WL 311 529 (2003) • Gallegos Advice Letter. No. A-98-192 1998 WL 67129 6 (1999). • Schmidt Advice Letter, No. A-96-098, 1996 WL 779579 (1996). Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards. Watson & Gershon 2178714 Page 4 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations to the public official within 12 months prior to the time when the decision is made. § 87103; Regulations 18700 and 18940.2. The FPPC regulations interpret and provide guidance for most of the terms used in the Act. The FPPC also provides standards for determining if each element of the Act's prohibitions has been satisfied. 3. The FPPC's Test for Analyzing Conflicts of Interest In the past few years, the FPPC has reorganized the conflict of interest regulations and revised the conflict of interest regulations in a comprehensive manner. Under the old regulations, a public official was advised to follow an eight -part test to analyze a potential conflict of interest. The newly revised regulations establish a new four-part test, as stated in Regulation 18700(d). The new FPPC four-part test assumes that an official already has determined whether he or she is a public official within the meaning of the Act. The new test also assumes that the official has identified the financial interests that may be affected by a particular governmental decision. Since these two steps are necessary for a complete analysis, we recommend that public officials follow the six steps described below, which incorporate these two initial steps as well as the FPPC's new four-part test. STEP ONE: IS A PUBLIC OFFICIAL INVOLVED? Determine whether the individual is a public official within the meaning of the Act. The Act applies only to "public officials." Regulation 18700(b). A "public official" is defined to include a "member, officer, employee, or consultant" of a state or local government agency. § 82048; Regulation 18700(c). The regulations define "member" and "consultant" as follows: • A "member" does not include an individual who performs duties as part of a committee, board, commission, group, or other body that does not have decision-making authority. A board or commission possesses decision-making authority if: (i) it may make a final governmental decision, (ii) it may compel or prevent a governmental decision by reason of an exclusive power to initiate the decision or by reason of a veto that may not be overridden, or (iii) it makes substantive recommendations, which, over an extended period of time, have been regularly approved without significant amendment or modification by another official or agency. Regulation 18700(c)(2). Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page 5 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • A "consultant"9 includes an individual who, pursuant to a contract with a state or local government agency, makes specific kinds of governmental decisions or serves in a staff capacity with the agency and either participates in governmental decisions or performs the same or substantially all of the same duties that would otherwise be performed by a person in a position listed in the agency's conflict of interest code. Regulation 18700.3. STEP TWO: WHAT ARE THE PUBLIC OFFICIAL'S FINANCIAL INTERESTS? Identify the public official's financial interests. A public official's financial interests include certain business entities, real property, sources of income, and donors of gifts (as well as intermediaries and agents of such donors). Regulation 18700(c)(6). More specifically, a public official has a financial interest in any of the following: • A business entity in which the official has a direct or indirect investment worth at least $2,000. (Note: In certain situations, this can include a parent, subsidiary, or otherwise related business entity.) • Any real property in which •he public official has a direct or indirect interest worth at least $2,000. Real property interests include all leases except month-to-month leases and leases with terms shorter than a month. Regulation 18233. • Any "source of income" of at least $500 that is provided or promised to the public official, or received by the public official within 12 months prior to a governmental decision, not including gifts and loans by banks available to the general public. Income is "promised to" the official if he or she has a "legally enforceable right to the promised income." Regulation 18700(c) (6) (C). The term "source of income" may include individuals, organizations, and businesses. If the "source of income" is a business that provides or promises the official at least $500 within 12 months prior to a governmental decision, the official also has a source -of - income interest in: (1) any individual owning at least a 50 percent interest in that business, and (2) any individual who has the power to direct or cause the direction of management and policies of the business. Regulation 18700.1(a)(2). • For more on who constitutes a "consultant' subject to the Act, see. e.g., Ennis Advice Letter, FPPC No. A-15-006 (2015). Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page 6 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Any business entity in which the public official is a director, officer, partner, trustee, or employee, or holds any position of management. (Note: Again, this may include a parent, subsidiary, or otherwise related businesses entity.) • Any donor of gifts, or any intermediary or agent for a donor of gifts. amounting to at least $470 where that amount is provided to, received by, or promised to the official in the 12 months prior to a governmental decision. Regulation 18700(c)(6)(E). • The personal finances of the public official and immediate family. This is a sort of "catch-all" provision that is meant to address economic interests of a public official and his or her immediate family that do not qualify as investments, property, or business entities, but are nonetheless potentially affected by government decisions. §§ 82047, 87103; Regulations 18700, 18940.2. The terms "indirect investment" and "indirect interest" are used to indicate investments and interests owned by the spouse or dependent child of the public official, an agent of the public official, or a business entity in which the official, or his or her agent's spouse, or dependent children, has at least a ten percent ownership interest. Regulation 18700(c) (6) (F) . STEP THREE: IS IT REASONABLY FORESEEABLE THAT THE GOVERNMENTAL DECISION WILL HAVE A FINANCIAL EFFECT ON ANY OF THE OFFICIAL'S FINANCIAL INTERESTS? Determine whether the governmental decision will have a reasonably foreseeable financial effect on any of the public official's financial interests. Regulation 18701 draws a distinction between a financial interest that is "explicitly involved" in a decision, on the one hand, and a financial interest that is not "explicitly involved" in a decision, on the other hand. Financial interests are considered to be explicitly involved in a decision if the interest is a "named party in, or the subject of, a governmental decision before the official or the official's agency." Regulation 18701 (a). A financial interest is the "subject" of a proceeding "if the decision involves the issuance, renewal, approval, denial or revocation of any license, permit, or other entitlement to, or contract with the financial Summary of Principal Conflicts of Interest Laws and Regulations CO 2018 Richards. Watson K Gershon 2178714 Page 7 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations interest, and includes any governmental decision affecting a real property financial interest as described in Regulation 18702.2(a) (1) - (6)." Regulation 18701(a). In those cases, the financial effect is presumed to be reasonably foreseeable. Even if a financial interest is not explicitly involved in a decision, the effect may still be considered reasonably foreseeable. Regulation 18701 states that a financial effect need not be "likely" to be considered "reasonably foreseeable" for purposes of the FPPC's regulations. If the financial effect can be "recognized as a realistic possibility" and if the effect is "more than hypothetical or theoretical," it will be considered reasonably foreseeable. Regulation 18701(b). The financial effect will not be considered reasonably foreseeable if the "the financial result cannot be expected absent extraordinary circumstances" that are not subject to the official's control. The FPPC also provides the following list of non-exclusive factors that should be considered when determining whether a governmental decision will have a reasonably foreseeable effect on a financial interest that is not explicitly involved in the decision: • The extent to which the occurrence of the financial effect is contingent upon intervening events, not including future governmental decisions by the official's agency, or any other agency appointed by or subject to the budgetary control of the official's agency. • Whether the public official should anticipate a financial effect on his or her financial interest as a potential outcome under normal circumstances when using appropriate due diligence and care. • Whether the public official has a financial interest that is of the type that would typically be affected by the terms of the governmental decision or whether the governmental decision is of the type that would be expected to have a financial effect on businesses and individuals similarly situated to those businesses and individuals in which the public official has a financial interest. • Whether a reasonable inference can be made that the financial effects of the governmental decision on the public official's financial interest might compromise a public official's ability to act in a manner consistent with his or her duty to act in the best interests of the public. • whether the governmental decision will provide or deny an opportunity, or create an advantage or disadvantage for one of the official's financial interests, including whether the financial interest may be entitled to compete or be eligible for a benefit resulting from the decision. • Whether the public official has the type of financial interest that would cause a similarly situated person to weigh the advantages and disadvantages of the governmental decision on his or her financial interest in formulating a position. Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson 8 Gershon 2178714 Page 8 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Possession of a real estate, brokerage license, or other professional license does not automatically constitute a reasonably foreseeable effect on the official's financial interest. Regulation 18701.1. The official's likely business activity must be considered to determine whether the governmental decision will have a reasonably foreseeable effect on one of the official's financial interests. If it is not reasonably foreseeable that the governmental decision will have a financial effect on any of the official's financial interests, there is no conflict under the Act. If it is determined that it is reasonably foreseeable that the governmental decision will have a financial effect, however, the official must determine whether the effect is material. STEP FOUR: WILL THE REASONABLY FORESEEABLE EFFECT BE MATERIAL? Determine whether the reasonably foreseeable financial effect will be material. If the effect is "nominal, inconsequential, or insignificant," the financial effect will not be considered material. Regulation 18702(b). Otherwise, however, the provisions in Regulations 18702.1 through 18702.5 determine - for each type of financial interest - whether the effect is material. Regulation 18702(a). a. Business Entities Regulation 18702.1 provides that the reasonably foreseeable effect of a decision on a business entity in which the official has an investment interest or holds an employment or management position is material whenever the business entity: • Initiates the proceeding in which the governmental decision will be made by filing an application, claim, appeal, or request for other government action concerning the business entity; • Offers to make a sale of a service or a product to the official's agency; • Bids on or enters into a written contract with the official's agency; • Is the named manufacturer in a purchase order of any product purchased by the official's agency or the sales provider of any products to the official's agency that aggregates to $1,000 or more in any 12 - month period; • Applies for a permit, license grant, tax credit, exception, variance, or other entitlement that the official's agency is authorized to issue; Summary of Principal Conflicts of interest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 'age 9 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Is the subject of any inspection, action, or proceeding subject to the regulatory authority of the official's agency; or • Is otherwise subject to an action taken by the official's agency, the effect of which is directed solely at the business entity in which the official has an interest. For government decisions that are not specifically identified in the list above, the financial effect is material if it falls under the catch-all provision. In those instances, the effect is material if "a prudent person with sufficient information would find it is reasonably foreseeable that the decision's financial effect would contribute to a change in the price of the business entity's publicly traded stock, or the value of a privately -held business entity." Regulation 18702.1(b). Regulation 18702.1(b) includes a list of examples of these types of decisions, including when an agency makes a decision to: • Authorize, prohibit, regulate or otherwise establish conditions for an activity in which the business entity is engaged; • Increase or decrease the amount of competition in the field in which the business entity is engaged; • Increase or decrease the need for the products or services that the business entity supplies; • Make improvements in the surrounding neighborhood such as redevelopment projects, traffic/road improvements, or parking changes that may affect, either temporarily or permanently, the amount of business the business entity receives; • Decide the location of a major development, entertainment facility, or other project that would increase or decrease the amount of business the entity draws from the location of the project; or • Increase or decrease the tax burden, debt, or financial or legal liability of the business entity. These materiality standards replace the previous materiality standards that determined materiality based on the size and type of the business entity. b. Real Property - Modified "500 -Foot Rule" and Other Criteria The new regulatory scheme largely replaces the traditional "500 -foot" rule with an extensive list of criteria that must be analyzed to determine whether a decision will have a material financial effect on an official's real property interest. Regulation 18702.2. There are now twelve materiality standards that must be evaluated when an official has an ownership interest in real property, and five materiality standards that must be evaluated when an official has a leasehold interest in real property. Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page 10 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Regulation 18702.2 now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest, other than a leasehold interest, is material whenever the governmental decision: • Involves the adoption of or amendment to a general or specific plan, and the parcel is located within the proposed boundaries of the plan; • Determines the parcel's zonirg or rezoning (other than a zoning decision applicable to all properties designated in that category), annexation or de -annexation, or inclusion in or exclusion from any city, county, district, or other local government subdivision, or other boundaries, other than elective district boundaries as determined by the California Citizen's Redistricting Commission or any other agency where the governmental decision is to determine boundaries for elective purposes; • Would impose, repeal, or modify any taxes, fees, or assessments that apply to the parcel; • Authorizes the sale, purchase, or lease of the parcel; • Involves the issuance, denial or revocation of a license, permit or other land use entitlement authorizing a specific use of or improvement to the parcel or any variance that changes the permitted use of, or restrictions placed on, that real property; • Involves construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the parcel in which the official has an interest will receive new or improved services that are distinguishable from improvements and services that are provided to or received by other similarly situated properties in the official's jurisdiction or where the official will otherwise receive a disproportionate benefit or detriment by the decision; • Would change the development potential of the parcel of real property: • Would change the income producing potential of the parcel of real property; • Would change the highest and best use of the parcel of real property in which the official has a financial interest; • Would change the character of the parcel of real property by substantially altering traffic levels or intensity of use, including parking, of property surrounding the official's real property parcel, the view, privacy, noise levels, or air quality, including odors, or any other factors that would affect the market value of the real property parcel in which the official has a financial interest; Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page 1 1 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulotions • Would consider any decision affecting real property value located within 500 feet of the property line of the official's real property; or • Would cause a reasonably prudent person, using due care and consideration under the circumstances, to believe that the governmental decision was of such a nature that its reasonably foreseeable effect would influence the market value of the official's property. As noted above, Regulation 18702.2(0)(11) includes a modified version of the old "500 - foot rule" whereby the effect on an ownership interest in red property will be considered material if the decision affects real property value within 500 feet of the official's property. Nonetheless, the official may request a decision from the FPPC to allow the official to participate, even if the decision affects property value within 500 feet, if the FPPC finds that "there will be no reasonably foreseeable measurable impact on the official's property." The FPPC has relaxed the rules with respect to real property economic interests that stem from having an ownership interest in the common area of a common interest development. Previously, in addition to evaluating whether the decision concerned a project located within 500 feet of the public official's real property, it was necessary to evaluate whether the decision was within 500 feet of any homeowner association common area in which the official had an ownership interest. Now, Regulation 18702.2 excludes common areas in common interest developments from the definition of "real property" for the purpose of conducting a conflict of interest analysis. Thus, the proximity of homeowner association common areas to a project is no longer a factor in the conflict of interest analysis. With respect to an official's leasehold interests, Regulation 18702.2(b) now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest is material whenever the governmental decision will: • Change the termination date of the lease; • Increase or decrease the potential rental value of the property: • Increase or decrease the rental value of the property, and the official has a right to sublease the property; • Change the official's actual or legally allowable use of the real property: • Impact the official's use and enjoyment of the real property. There are a few exceptions by which the effect of a decision on an official's real property interest will not be considered material. The following decisions will not be considered to have a material effect on an official's real property interest: • The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities. Summary of Principol Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page 12 Summary of the Major Provisions and Requirements of Principal Confficts of Interest Laws and Regulations • The decision solely concerns the adoption or amendment of a general plan and all of the following apply: ✓ The decision only identifies planning objectives or is otherwise exclusively one of policy. A decision will not qualify under this subdivision if the decision is initiated by the public official, by a person that is a financial interest to the public official, or by a person representing either the public official or a financial interest to the public official. ✓ The decision requires a further decision or decisions by the public official's agency before implementing the planning or policy objectives, such as permitting, licensing, rezoning, or the approval of or change to a zoning variance, land use ordinance, or specific plan or its equivalent. ✓ The decision does not concern an identifiable parcel or parcels or development project. A decision does not "concern an identifiable parcel or parcels" solely because, in the proceeding before the agency in which the decision is made, the parcel or parcels are merely included in an area depicted on a map or diagram offered in connection with the decision, provided that the map or diagram depicts all parcels located within the agency's jurisdiction and the economic interests of the official are not singled out. ✓ The decision does not concern the agency's prior, concurrent, or subsequent approval of, or change to, a permit, license, zoning designation, zoning variance, land use ordinance, or specific plan or its equivalent. These rules replace the old "500 -foot rule" tnat applied before 2014. Of special interest to many local public officials, these provisions appear to allow public officials to participate in most decisions relating to slurry sealing, asphalt paving, curb and sidewalk repairs, or tree replacement, even if the work occurs within 500 feet of their property, due to the exception for repairs and replacement of existing infrastructure. c. Sources of Income The FPPC regulations also provide materiality standards for sources of income. Regulation 18702.3. A "source of income," as discussed above, is any person from whom a public official has received at least $500 in the twelve months prior to the relevant govemmental decision. Regulation 18700.1. A "person" includes individuals, organizations, and business entities. § 82047. The regulations provide that any reasonably foreseeable financial effect on an individual, organization, or business entity that is a source of income to an official is deemed material if the public official receives or is promised the income to achieve a Summary of Principal Conflicts of Interest Lows and Regulations © 2018 Richards. Watson 8, Gershon 2178714 Page 13 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations goal or purpose that would be achieved, defeated, aided, or hindered by the governmental decision. Regulation 18702.3(c). In addition to this general standard, the regulations provide further guidance that separately analyzes a source of income depending on whether the income comes from the sale of goods or services or from the sale of personal or real property. Regulation 18702.3. If the income is received from the sale of goods or services in the ordinary course of business, a financial effect on a source of income is material if: • The source is a claimant, applicant, respondent, contracting party, or otherwise named or identified as the subject of the proceeding; • The source is an individual that will be financially affected under the standards applied to an official in Regulation 18702.5 (see Personal Finances below), or the official knows or has reason to know that the individual has an interest in a business entity or real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.1 or 18702.2, respectively; • The source is a nonprofit that will receive a measurable financial benefit or loss, or the official knows or has reason to know that the nonprofit has an interest in real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.2 (see Real Property - Modified "500 -Foot Rule" and Other Criteria above): or • The source is a business entity that will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entities above). Regulation 18702.3(a). If the source of income is the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the financial effect will be deemed material, regardless of whether the source of income is an individual, a nonprofit, or a business entity. If the source of income is not the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the official will need to apply the other standards in Regulation 18702.3(0)(2) - (4), depending on whether the source of income is an individual, a nonprofit, or a business entity. If the income is from the sale of personal or real property belonging to either the official or the official's spouse, if the property is community property, the materiality of the financial effect will be determined as follows: ... the financial effect of the decision is material if the official knows or has reason to know that the source of income is a claimant, applicant, respondent, contracting party, or is otherwise named or identified as the subject of the proceeding, or has an interest in any business entity or real Summary of Principal Conflicts of Interest Lows and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 14 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations property that will be financially affected under the standards applied to a financial interest in Regulation 18702.1 or 18702.2. Regulation 18702.3(b). The regulation also includes additional provisions to help officials who receive income from retail sales of a business entity in determining when a retail customer becomes a source of income. This new regulatory provision, which is intended to replace prior Regulation 18707.5, states: (d) Exception - Income from Retail Sales of a Business Entity: For purposes of applying the exception under Section 87103.5, the retail customers of a business entity constitute a significant segment of the public generally if the business is open to the public and the customers comprise a broad base of persons representative of the jurisdiction as a whole and not confined to any specialized interest. Income from an individual customer is not distinguishable from the amount of income received from other customers when the official is unable to recognize a significant monetary difference between the business provided by the individual customer and the general clientele of the business. An official is unable to recognize a significant monetary difference when either: (1) The business is of the type that sales to any one customer will not have a significant impact on the business' annual net sales; or (2) The business has no records that distinguish customers by amount of sales, and the official has no other information that the customer provides significantly more income to the business than an average customer. Regulation 18702.3(d). If you own 10 percent or more of a business entity that is engaged in the retail sale of goods or services, we recommend that you review this provision in order to determine whether individual retail customers will be considered sources of income to you for the purpose of analyzing conflicts under the Act. d. Sources of Gifts The FPPC regulations also provide materiality standards for sources of gifts. Regulation 18702.4. For the purpose of analyzing potential conflicts under the Political Reform Act, a donor becomes a "source of gifts" by providing a public official with gifts valued at $470 or more in the aggregate in the 12 months prior to a governmental decision. Regulations 18700(c)(6)(E), 18940.2. A person may also be a source of a gift by being an "intermediary or agent for a donor of" a similar gift. Regulation 18700(c)(6)(E). Under the FPPC regulations, a financial effect on a source of a gift is material if: • The source is a claimant, applicant, respondent, contracting party, or otherwise named or identified as the subject of the proceeding; Summary of Principal Conflicts of Interest Laws and Regulations Cd 2018 Richards, Watson & Gershon 2178714 Page ' 5 Summary of the Major. Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • The source is an individual that will be financially affected under the standards applied to an official in Regulation 18702.5 (see Personal Finances below), or the official knows or has reason to know that the individual has an interest in a business entity or real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.1 or 18702.2, respectively; • The source is a nonprofit that will receive a measurable financial benefit or loss, or the official knows or has reason to know that the nonprofit has an interest in real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.2 (see Real Property - Modified "500 -Foot Rule" and Other Criteria above); or • The source is a business entity that will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entities above). Regulation 18702.4. Like with sources of income, the analysis of materiality for sources of gifts may depend on whether the source is an individual, a nonprofit, or a business entity. If the source of a gift is the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the financial effect will be deemed material, regardless of whether the source is an individual, a nonprofit, or a business entity. If the source of a gift is not the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the official will need to apply the other standards in Regulation 18702.4(b) - (d), depending on whether the source of income is an individual, a nonprofit, or a business entity. e. Personal Finances Finally, the regulations provide materiality standards for effects on personal finances. Regulation 18702.5. A reasonably foreseeable financial effect on an official's or his or her immediate family's personal finances is considered material if the official or the official's immediate family member will receive a measurable financial benefit or loss from the decision. Regulation 18702.5. The following are not considered to be a material financial effect under Government Code Section 87103: 1) Any establishment of or change to benefits provided under an employment or retirement policy for employees or retirees if the financial effect of the decision applies equally to all employees in the same bargaining unit or other representative group. 2) Payment of any travel expenses, to the extent allowed by law, incurred while attending meetings as an authorizes representative of an agency. 3) Stipends received for attendance at meetings of any group or body created by law or formed by the official's agency for a special purpose, so long as the Summary of Pnncipol Conflicts of Interest Laws and Regulations C 2018 Richards, Watson & Gershon 2178714 Page 16 Summary of the Major Provisions and Requremenh of Principal Conflicts of Interest laws and Regulations selecting body posts on its website on a form provided by the Commission that includes: a list of each appointed position eligible for a stipend, the amount of the stipend for each position, the name of the public official who has been appointed to the position, the name of the public official, if any, who has been appointed as an alternate, and the term of the position. 4) The use of any government property, such as automobiles or other modes of transportation, mobile communication devices, or other agency provided equipment for carrying out the official duties of a position, including any nominal, incidental, negligible, or inconsequential personal use while on duty. 5) Any personal reward received by the official when using a personal charge card or membership rewards program, so long as the reward is no different from the reward offered to the public and is limited to charges made solely for the official's approved travel expenses. 6) A decision to fill a position on the body of which the official is a member. Regulation 18702.5(b). Any effect on the irterests noted above would not constitute a material effect on personal finances for the purpose of the Political Reform Act. Regulation 18702.5 clarifies that if a decision only affects a business entity or real property in which the official has a financial interest, the regulation regarding personal finances does not apply. Regulation 18702.5(c). Under those circumstances, the official should analyze the applicable materiality standards for those types of interests in Regulations 18702.1 and 18702.2 to determine whether a conflict exists. STEP FIVE: DOES THE "PUBLIC GENERALLY" EXCEPTION APPLY? Determine if the official can demonstrate that the material financial effect on the official's interest is indistinguishable from the decision's effect on the public generally. Once it is determined that it is reasonably foreseeable that a decision will have a material financial effect on an official's financial interest, it is necessary to evaluate whether an exception to the disqualification requirement is applicable. One exception, known as the "public generally" exception, provides that even if a governmental decision will have a reasonably foreseeable material financial effect on the official's financial interest, disqualification will not be required if the effect on the public official's financial interest is indistinguishable from the decision's effect on the financial interests of the public generally. Regulation 18703. Summary of Principol Conflicts of Interest Laws and Regulations © 2018 Richards. Watson & Gershon 2178714 Png' / Summary of the Major Provisions and Requrements of Principal Conflicts of Interest Laws and Regulations In order to use this exception, the official must be able to demonstrate two core elements. First, the governmental decision must affect a "significant segment" of the public in the jurisdiction of the public agency. Second, the governmental decision's effect on the official's financial interest must not be unique as compared to the effect on the significant segment. Regulation 18703. The FPPC has simplified the regulation to determine what constitutes a sufficiently "significant segment" of the public. Regulation 187O3(b). A significant segment of the public is "at least 25 percent of" any of the following: • All businesses or non-profit entities within the official's jurisdiction: • All real property, commercial real property, or residential real property within the official's jurisdiction; or • All individuals within the official's jurisdiction. Regulation 18703(b). To determine whether a decision's effect on the official's financial interest is "unique" as compared to the effect on the significant segment of the public, the FPPC requires that an official determine whether the decision has a "disproportionate" effect on: • The development potential or use of the official's real property or on the income producing potential of the official's real property or business entity. • An official's business entity or real property resulting from the proximity of a project that is the subject of a decision. • An official's interests in business entities or real properties resulting from the cumulative effect of the official's multiple interests'" in similar entities or properties that is substantially greater than the effect on a single interest. • An official's interest in a business entity or real property resulting from the official's substantially greater business volume or larger real property size when a decision affects all interests by the same or similar rate or percentage. • A person's income, investments, assets or liabilities, or real property if the person is a source of income or gifts to the official. • An official's personal finances or those of his or her immediate family. Regulation 187O3(c). Ownership of only two residential properties apparently would not constitute "multiple interests ... in properties that is substantially greater than the effect on a single interest." Wagner Advice Letter. FPPC No. A-15-227, 2015 WL 9680333 (2015). Summary of Principal Conflicts of Interest Laws and Regulations 0 2018 Richards, Watson & Gershon 2178714 Page 18 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The official's "jurisdiction" for the purposes of this regulation constitutes the "jurisdiction of the state or local government agency as defined in Section 82035, or the designated geographical area the official was elected to represent, or the area to which the official's authority and duties are limited if not elected." Regulation 18703(d). Real property is considered to be within a "jurisdiction" if the "property or any part of it is located within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency." § 82035. The FPPC Regulations include a number of specialized "public generally" exceptions. Regulation 18703(e). The financial effect on an official's financial interest is deemed indistinguishable from that of the public generally if the official establishes: • The decision establishes or adjusts assessments, taxes, fees, or rates for water, utility, or other broadly provided public services or facilities that are applied equally, proportionally, or by the same percentage to the official's interest and other businesses, properties, or individuals subject to the assessment, tax, fee, or rate. • The decision affects the official's personal finances as a result of an increase or decrease to a general fee or charge, such as parking rates, permits, license fees, application fees, or any general fee that applies to the entire jurisdiction. • The decision affects residential real property limited to a specific location, and the decision establishes, amends, or eliminates ordinances that restrict on -street parking, impose traffic controls, deter vagrancy, reduce nuisance or improve public safety, provided the body making the decision gathers sufficient evidence to support the need for the action at the specific location. • The decision affects all renters of residential property within the official's jurisdiction and only interests resulting from the official's leasehold interest in his or her residence are affected. • The decision is made by a board or commission and the law that establishes the board or commission requires certain appointees have a representative interest in a particular industry, trade, or profession or other identified interest, and the public official is an appointed member representing that interest. This provision applies only if the effect is on the industry, trade, or profession or other identified interest represented and there is no unique effect on the official's interest. • The decision is made pursuant to an official proclamation of a state of emergency when required to mitigate against the effects directly arising out of the emergency and there is no unique effect on the official's interest. Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page I Y Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The decision affects a federal, state, or local governmental entity in which the official has an interest and there is no unique effect on the official's interest. Regulation 18703(e). STEP SIX: MAY THE OFFICIAL MAKE OR PARTICIPATE IN MAKING A DECISION? Determine whether the public official will be making, participating in the making, or using or attempting to use his/her official position to influence a governmental decision. The Act applies when a public official is "making, participating in making, or using or attempting to use his/her official position to influence a governmental decision." Regulation 18704. If the official will be called upon to make, participate in making, or use his or her official position to influence a governmental decision in which the official has a financial interest, the official will have a prohibited conflict of interest. The FPPC regulations define each of these actions for purposes of applying the Act: • A public official "makes" a governmental decision when the official, authorizes or directs any action, votes, appoints a person, obligates or commits his or her agency to any course of action, or enters into any contractual agreement on behalf of his or her agency. Regulation 18704(a). " • A public official "participates in" a governmental decision when the official provides information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. Regulation 18704(b). • A public official "uses his or her official position to influence" a decision if the official: (i) contacts or appears before any official in his or her agency or in an agency subject to the authority or budgetary control of his or her agency for the purpose of affecting a decision; or (ii) contacts or appears before any official in any other government agency for the purpose of affecting a decision, and the public official acts or purports to act within A public official's "determination not to act" does not constitute participating in "making" a governmental decision when the pubic official is abstaining from a decision due to a personal financial interest. Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards. Watson 8 Gershon 2178714 Page 20 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations his or her authority or on behalf of his or her agency in making the contact. Regulation 18704(c). There are limited exceptions to this rule. A public official is not making, participating in making, or influencing a government decision when the official acts in a solely ministerial, secretarial, or clerical manner. Regulation 18704(d)(1). In addition, an official is not making, participating in making, or influencing a government decision when the official appears before the public agency as a member of the general public to represent specific and limited "personal interests" or when the official negotiates his or her compensation or terms of employment. Regulation 18704(d). With respect to negotiating the terms of employment, however, "an official may not make a decision to appoint, hire, fire, promote, demote, or suspend without pay or take disciplinary action with financial sanction against the official or his or her immediate family, or set a salary for the official or his or her immediate family different from salaries paid to other employees of the government agency in the same job classification or position." Regulation 18704(d) (3). Making, participating in, or influencing a governmental decision also does not include communications to either the press or the general public. Regulation 18704(d)(4). Nor does it include academic decisions. Regulation 18704(d)(5). Limited actions in an official's professional capacity as an architect or engineer also are not considered to be making, participating in, or influencing a governmental decision. Regulation 18705(d)(6). Finally, an official who serves as a consultant will not be participating in a decision by making a recommendation regarding additional services if the agency has already contracted with the consultant - for an agreed upon price - to make recommendations concerning services of the type offered by the consultant. Regulation 18704(d)(7). STEP SEVEN: IS THE PUBLIC OFFICIAL'S PARTICIPATION LEGALLY REQUIRED? Determine if the public official's participation is legally required despite a conflict of interest. A public official also is permitted to participate in making a governmental decision, despite having a conflict of interest in the decision, if no alternative source of decision exists that would be consistent with the purposes and terms of the statute authorizing the decision. Regulation 18700(e), 18705(a). Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page 21 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest laws and Regulations This exception is applied when a quorum of a legislative body cannot be convened due to the disqualifying conflicts of interests of its members. In that situation, as many members as are needed to create the minimum number for the quorum may be selected at random to participate. In these situations, stringent disclosure requirements apply, not only regarding the basis of the selected member's conflict of interest, but also the reason why there is no alternative source of decision-making authority. Regulation 18705(b). For the purposes of this section, a "quorum" means "the minimum number of members required to conduct business and when the vote of a supermajority is required to adopt an item, the "quorum" shall be that minimum number of members needed for that adoption." Regulation 18705(d). Note that this rule is construed narrowly and may not be invoked to permit an official who is otherwise disqualified to vote to break a tie or to vote if a quorum can be convened of other members of the agency who are not disqualified, whether or not such other members are actually present at the time of the decision. Regulation 18705(c). 4. Abstention When a public official has a conflict of interest under the Act, he or she is required to abstain from making, participating in making, or using or attempting to use his or her official position to influence the local agency's decision. Abstention avoids a violation of the conflict of interest provisions of the Act. The Act establishes specific procedures that most public officials must follow when they have a conflict of interest and are required to abstain from a decision. § 87105; Regulation 18707. Immediately prior to the consideration of the matter, the official must: (i) identify each financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that disclosure of the exact street address of a- residence is not required); (ii) publicly state his or her recusal from the matter; and (iii) leave the room until after the disposition of the matter unless the matter appears on a consent calendar, or other similar portion of an agenda for uncontested matters, or the official is speaking as a member of the public regarding an applicable personal interest. § 87105; Regulations 18707, 18704(d) (2). The FPPC recently clarified the procedure required and precise information that must be disclosed, as described in new Regulation 18707. This includes additional information regarding rules for closed sessions and matters on the consent calendar. The procedure stated in Regulation I8707(a) must be followed by all council members, judges, elected state officers, members of planning commissions, members of boards of supervisors, district attorneys, county counsels, city managers, city attorneys, city treasurers and other public officials who manage public investments, and to candidates for any of these offices at any election. §§ 87105, 87200. The Act does not require other public officials who must file financial disclosure forms under local conflict of interest codes to follow the same procedure, but the FPPC has now prescribed specific rules for those public officials. Regulation 18707(b). Summary of Principal Conflicts of Interest laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page 22 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Depending on the nature of his or her interest, a public official who must abstain from a decision may comment on the item as a member of the public during the public comment period on a matter related to his or her "personal interests." The term "personal interest" is defined to include an interest in real property or a business entity that is wholly owned by the official or his or her immediate family. Regulations 18704(d)(2)(A) and (B). It also includes business entities over which the official, or the official and his or her immediate family, exercise sole direction and control. Regulation 18704(d)(2)(C). If a public official wishes to speak on a matter related to his or her "personal interests," the official must publicly identify the financial interest (including all of the specific details required by the regulation). Regulation 18707(a) (1) (A). The public identification must be made orally and be included in the official public record. Regulation 18707(a)(1)(B). Subsequently, the official must recuse himself or herself and leave the dais to speak from the same area as the members of the public. Regulation 18707(a)(3)(C). Like other members of the public, the official may listen to the comments of other speakers on the matter. Regulation 18704(a)(3)(C). Note that when a public official abstains from a decision, his or her presence does not count toward achieving a quorum. Regulation 18707. Accordingly, if several officials must abstain from a decision under the Political Reform Act, there may not be sufficient members of the body present to consider a matter under the Brown Act. In such a circumstance, it may be possible to use the exception for legally required participation, as discussed above. 5. Penalties for Violation Administrative, civil and criminal penalties exist for violation of the conflict of interest provisions of the Act. The FPPC may levy administrative penalties after a hearing and may impose a fine of up to $5,000 per violation, a cease and desist order, and an order to file reports. § 83116. Civil penalties include injunctive relief that may be sought by the district attorney or any person residing in the jurisdiction. § 91003. In the event a court finds that the actions would not have been taken but for the action of the official with the conflict of interest, the court is empowered to void the decision. § 91003. Misdemeanor criminal penalties are provided in situations where a knowing or willful violation of the act occurs, and generally, persons convicted of violating the Act may not be a candidate for elective office or act as a lobbyist for four years after the conviction. §§ 91000, 91002. The statute of limitations for civil and criminal enforcement actions is four years from the date of the violation. §§ 91000(c), 9101 1 (b). The statute of limitations for administrative actions brought by the FPPC is five years from the date of the violation. § 91000.5. 6. Seeking Advice on Conflict of Interest Questions It is important to note that only a formal advice letter from the FPPC staff can immunize a public official from potential enforcement by the FPPC or the District Attorney in the event the public official participates in a decision and someone subsequently alleges the public official had a prohibited conflict of interest. A formal advice letter usually Summary of Principal Conflicts of Interest Lows and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 23 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations takes the FPPC staff at least a month to prepare, is only provided if the request relates to prospective acts (as distinguished from past acts), and if it contains sufficient facts upon which the FPPC is able to render a decision. Informal written advice (without immunity from potential enforcement action) may also be requested from the FPPC staff as well as informal telephonic advice through their technical assistance division at 1 866 ASK FPPC (1 866 275 3772). Based on the time frames required to obtain formal or informal written advice from the FPPC, it is important for public officials to consult their city attorney or local agency counsel as early as possible so as to provide adequate time to gather all relevant facts, draft a letter to the FPPC, and respond to the advice once given. B. Government Code Section 1090 Government Code Section 1090 provides in relevant part: "[m]embers of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members." The purpose of the prohibition contained in Section 1090 is to preclude a public official from using his or her position to obtain business or financial advantage through the approval of contracts by the public entities which he or she serves. As more fully explained below, the prohibition applies to not only preclude a member of the body or board that approves the contract from directly contracting with that same public entity, but it also applies when the public official has a financial or other specified relationship to the entity that seeks to contract with the public entity. The intent of the law is to remove the possibility of any personal influence that might bear on an official's decision-making activities on contracts executed by his or her public entity. Upon the enactment of the Act in 1974, questions arose as to whether that new law impliedly repealed or preempted the provisions of Section 1090. The California Attorney General addressed this issue first, concluding in a 1976 opinion that the PRA did not implicitly repeal or preempt Section 1090. 59 Ops. Cal. Att'y Gen. 604, 671 (1976). Since that time, the courts and the Attorney General have consistently considered Section 1090 as having continuing effect. For example, in People v. Honig, 48 Cal. App. 4th 289, 328-29 (1996), the defendant in a criminal case for violations of Section 1090 argued that the Act superseded Section 1090. The California Court of Appeal declined to so rule, holding instead that the term "financially interested" in Section 1090 has a different meaning than the term "material financial effect" in the Act. In another case, the California Court of Appeal again held that the Act and Section 1090 are "two different statutory schemes." City of Vernon v. Centra! Basin Mun. Water Dist., 69 Cal. App. 4th 508, 513 (1999); see also Fraser-Yamor Agency, Inc. v. County of Del Norte, 68 Cal. App. 3d 201 (1977); People v. Vallerga, 67 Cal. App. 3d 847 (1977); City Council v. McKinley, 80 Cal. App. 3d 204 (1978); City of Imperial Beach v. Bailey, 103 Cal. App. 3d 191 (1980); Thomson v. Call, 38 Cal. 3d 633 11985): Campagna v. City of Sanger, 42 Cal. App. 4th 533 (1996); 67 Ops. Cal. Att'y Gen. 369, 375 (1984); 69 Ops. Cal. Att'y Gen. 102 (1986); 70 Ops. Cal. Att'y Gen. 45, 47 (1987); 73 Ops. Cal. Att'y Gen. 191, 194-95 (1990). Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards. Watson & Gershon 2178714 Paye 24 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest laws and Regulations Both the Act and the common law (meaning court -made) doctrine against conflicts of interest require the public official with a conflict of interest to abstain from participation in the decision. Section 1090, by contrast, also prohibits the public entity from entering into a contract in which one of its officers or employees has a financial interest, unless certain exceptions apply. If the conflicted official is a member of a board or commission that executes the contract, he or she is conclusively presumed to be involved in the making of his or her agency's contracts. Thomson v. Ca/I, 38 Cal. 3d at 649. This absolute prohibition applies regardless of whether the contract is found to be fair and equitable or the official abstains from all participation in the decision. Thomson, 38 Cal. 3d at 649-50; Fraser-Yamor Agency, 68 Cal. App. 3d at 211-12; City of Imperial Beach, 103 Cal. App. 3d at 195. The only way a public entity could still enter into such a contract - i.e., in which an official has a financial interest - would be if that interest qualifies as a "remote interest" or "non-interest" within the meaning of specified provisions discussed below. 1. Three Principal Components of Section 1090 The prohibition contained in Section 1090 involves three principal components: (1) the person subject to the prohibition must be an officer or employee of one of the types of governmental entities listed in Section 1090; (2) the public officer or employee must be "financially interested" in a contract; and (3) the contract must be made by either the public official in his or her official capacity or by the body or board of which the official is a member. a. Officer or Employee of Listed Government Entity The first element is whether the person subject to the prohibition is a member of the Legislature or an officer or employee of the state, a county, a district, a judicial district, or a city. Virtually every officer or employee of a municipality or local governmental district is subject to the prohibition of Section 1090. In recent years, the courts also have concluded that consultants may be considered "employees" for the purpose of civil liability under Section 1090. In 2017, the California Supreme Court held that Section 1090 applies to independent contractors "when they have duties to engage in or advise on public contracting that they are expected to carry out on the government's behalf." People v. Superior Court (Sahlolbei), 3 Cal. 5th 230 (2017); see also, California Housing Finance Agency v. Hanover/California Management and Accounting Center, Inc., 148 Cal. App. 4th 682. 691 (2007); see also. Hub City Solid waste Services, Inc. v. City of Compton, 186 Cal. App. 4th 1 1 14, 1124- 1125 (2010). Moreover, the courts have held that even private companies may be subject to Section 1090 where the company has the potential to exert considerable influence over the agency's contracting decision. Davis v. Fresno Unified School District, 237 Cal. App. 4th 261 (2015); McGee v. Balfour Beatty Construction, LLC, 247 Cal. App. 4th 235, 261 (2016). As such, we advise that both public agencies and independent contractors carefully evaluate whether their duties and obligations include engaging in or advising on public Summary of Principal Conflicts of Interest Laws and Regulations J 2018 Richards, Watson & Gershon 2178714 Page 23 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations contracting. If so, their involvement in those contracting decisions must be evaluated for compliance with Section 1090. b. Financial Interest in a Contract The second element of the prohibition is the existence of a direct or indirect financial interest in a contract. The courts have interpreted the term "financially interested" as including any direct interest, such as that involved when a public official enters directly into a contract with the body of which he is a member. Thomson v. Call, 38 Cal. 3d 633 (1985). The courts have also interpreted "financially interested" as including indirect financial interests in a contract, where, for example, a public official has a business relationship with the entity that would be contracting with the public entity, or when the public official would gain something financially by the making of the contract. Fraser- Yamor Agency, 68 Cal. App. 3d 201 (1977); Finnegan v. Schrader, 91 Cal. App. 4th 572, 579 (2001). In Thomson v. Call, the California Supreme Court described the breadth of the statute this way: "Section 1090 forbids city officers ... from being 'financially interested in any contract made by them in their official capacity, or by any body or board of which they are members.' The proscribed interest certainly includes any direct interest, such as that involved when an officer enters directly into a contract with the body of which he is a member. California courts have also consistently voided such contracts where the public officer was found to have an indirect interest therein.... Neither the absence of actual fraud nor the possibility of a 'good faith' mistake on [the officer's] part can affect the conclusion that this contract violates section 1090 and is therefore void." 38 Cal. 3d at 645-46 (citations omitted) (emphasis added). In Thomson, a council member sold certain real property to a third party, knowing that the city was negotiating a deal to acquire multiple parcels of property in that area for a public park. The third party then conveyed the councilman's property to the city, in an apparent attempt to evade the provisions of Section 1090. The court essentially "unwound" and invalidated the entire transaction based on the council member's interest in the transaction. The court refused to focus on the isolated contract between the city and the third -party that bought the property from the council member, but rather viewed all of the successive contracts as one complex multi-party agreement. The court ordered the council member to disgorge all funds he received in the transaction and ordered that the city retain title to the property. The court noted that this type of severe remedy was necessary to discourage violations of Section 1090. Other decisions have followed this same broad reading of "indirect interests." In People v. Vallerga, the California Court of Appeal summarized court decisions addressing financial interests under Section 1090 as follows: "However devious and winding the chain may be which connects the officer with the forbidden contract, if it can be followed and the connection made, the contract is void." 67 Cal. App. 3d 847, 867 (1977); see also People v. Honig, 48 Cal. App. 4th 289, 315 (1996) (stating the same rule). Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards. Watson & Gershon 2178714 Page 26 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The scope of indirect interests that could form a "devious and winding chain" back to a public contract is broad, but this reflects the judicial stance of vigilant enforcement of Section 1090. See, e.g., Thomson, 38 Cal. 3d at 652 (IT] he policy of strict enforcement of conflict-of-interest statutes ... provides a strong disincentive for those officers who might be tempted to take personal advantage of their public offices, and it is a bright - line remedy which may be appropriate in many different factual situations."); Berke v. Woodward, 125 Cal. 119, 128 (1899) (noting the need for "strict enforcement" of the conflict of interest statutes). Although Section 1090 traditionally has been interpreted broadly, a California appellate decision warned against an overly broad interpretation of the term "financial interest" for the purpose of Section 1090. See Eden Township Healthcare District v. Sutter Health, 202 Cal. App. 4th 208, 228 (2011). The court acknowledged the general principle that the "defining characteristic of a prohibited financial interest is whether it has the potential to divide an official's loyalties and compromise the undivided representation of the public interest the official is charged with protecting." ld. at 221. The court concluded that the salaried CEO of a non-profit medical center, who also served on the board of a hospital district, was not financially interested in contracts between the medical center and the hospital district, despite the clear potential effect on his employer. Id. at 222. The court noted that there was "nothing in the record to support the inference that the [agreements] bear any relationship to [the CEO's] continued employment" with the medical center. Id. at 223-224. Moreover, the court noted that there was "no evidence that [the CEO would] derive any financial benefit arising from the" agreements in question. Id. at 226. The court stated broadly: In our view, if the contract itself offers no benefit to the official, either directly or indirectly, then the official is not financially interested in the contract and any explicit legislative exemption for such a circumstance would be unnecessarily redundant. Id. at 228. The court distinguished the case of Miller v. City of Martinez, 28 Cal. App. 2d 364 (1938), in which the complaint alleged that a council member had a financial interest in a contract with a company thct employed him and in which he also held stock. Id. at 226. The ruling in Eden Township could be construed to suggest that an official is only "financially interested" in a contract that affects the official's compensation or continued employment': In light of subsequent FPPC advice letters, however, there is continued uncertainty regarding the application and interpretation of the court's holding in Eden Township.'1f As such, we recommend that public officials seek legal assistance whenever a potential Section 1090 conflict arises. See also, Ansolobehere Advice Letter, FPPC No. A -15-18C, 2015 WL 9680325 (2015); Devaney Advice Letter, FPPC NO. A-1.5-213, 2015 WL 7252462 (201 5): but cf. Carney Advice Letter. FPPC No. A-16-073, 2016 WL 3212417 and Dioz Advice Letter, FPPC No. A-16-214, 2016 WL 7033000. See, e.g.. Diaz Advice Letter FPPC No. A-16-214, 2016 WL 7033000 and Roy Advice Letter, FPPC No. A-16-157. 2016 WL 6565871. Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 27 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations In addition to a "financial interest," there must be a contract in order for Section 1090 to apply, as described below. General contract principles apply to this determination and include such arrangements as purchase and service contracts as well as development agreements between a city and a developer (78 Ops. Cal. Att'y Gen. 230 (1995)); 82 Ops. Cal. Att'y Gen. 126, 129 n.4 (1999)), joint powers agreements (People v. Gnass, 101 Cal. App. 4th 1271, 1301 (2002)), and payments for conference attendance expenses (75 Ops. Cal. Att'y Gen. 20 (1992)). c. A Contract "Made" by the Official or by a Body or Board of which the Official Is a Member The third element necessary for a Section 1090 violation is that the contract has to be "made" either by the official or employee acting in his or her official capacity, or by any body or board of which the official is a member. The "making" of a contract is most commonly implicated by a city council's approval of a simple purchase order as part of the approval of a demand warrant registrar; this is likely to constitute the making of a contract within the scope of Section 1090. The courts have construed the term "made" as encompassing such elements in the formation of a contract as preliminary discussions, negotiations, compromises, reasoning, planning, and drawing of plans or specifications and solicitation for bids. Millbrae Ass'n for Residential Survival v. City of Millbrae, 262 Cal. App. 2d 222, 237 (1968). For example, in City Council of San Diego v. McKinley, 80 Cal. App. 3d 204, 212 (1978), a court of appeal found a Section 1090 violation when a city council entered into an agreement with a landscape architectural firm, of which the president, a stockholder, was also a member of the city's parks and recreation board. The board investigated and advised the city council on parks and recreation development issues, and it approved plans for a Japanese garden for which the board member's company ultimately received the development contract. Even though the board member was not a member of the city council, which awarded the contract to his company, the board member's participation in the planning for the garden was sufficient to constitute participation in "making" the contract: "[T]here is ample authority the negotiations, discussions, reasoning, planning, and give and take which go beforehand in the making of a decision to commit oneself must all be deemed to be a part of the making of an agreement in the broad sense. [Citation omitted.] Thus, the final execution of a contract, which is the time when the contract is technically made, is not the only time when a conflict of interest may be presented." 80 Cal. App. 3d at 212. Similarly, in Stigall v. City of Taft, 58 Cal. 2d 565, 569-70 (1962), the California Supreme Court held that an impermissible conflict existed in a contract with a plumbing company owned by a council member, even though the council member resigned before the plumbing company's bid was accepted. The court recognized that activities prior to the signing of a contract can be integral to the decision to accept the Summary of Principal Conflicts of Interest Lows and Regulations © 2018 Richards, Watson 8 Gershon 2178714 Page 28 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations contract. Id. at 569; see also Campagna v. City of Sanger, 42 Cal. App. 4th 533, 538 (1996) . 2. Exceptions to Section 1090 a. "Remote Interest" Exception There are two categories of exceptions to Section 1090. The first, encompassing what are commonly referred to as "remote interests," is set forth in Section 1091. If an official has only a remote interest in a contract, then the local agency may enter into the contract as long as the official abstains from participating in the decision in any way. Although this is not an exhaustive list of the "remote interest" exceptions, a few examples of "remote interest" exceptions include the following: • Remote interest exception for a compensated officer or employee of a nonprofit corporation (Section 1091 (b)(1)); • Remote interest exception for a person receiving a government salary, per diem, or reimbursement for expenses, even when the contract involves the department of the government entity that employs the board member (Section 1091 (b) (13)); and • Remote interest exception for a litigation settlement agreement between an officer that is party to litigation involving the body or board of which the officer is a member (Section 1091 (b) (15)). • Remote interest exception for the owner or partner of a firm who serves as an appointed member of an unelected board or commission of the contracting agency if the owner or partner recuses himself or herself from: (1) providing any advice to the contracting agency regarding the contract between the firm and the contracting agency; and (2) any participation in reviewing a project that results from that contract (Section 1091 (b)(17)). The "remote interest" exception applies only if the interest is disclosed to the body that approves the contract, the disclosure is noted in that body's official records, and the official abstains from voting. Further, members with a "remote interest" may not attempt to influence any other member of the body or board of which they are members to enter into the contract. b. "Non -Interest" Exception The second category of exceptions is found in Section 1091.5. These are called "non- interest" exceptions and apply to a type of interest that is completely exempt from Section 1090 and, if held by the official, does not require abstention. Unlike the "remote interest" exceptions in Section 1091, most of the "non-interest" exceptions listed in Section 1091.5 are available to both board members and employees who are covered Summary of Principal Conflicts of Interest Lows and Regulations C 2018 Richards. Watson & Gershon 2178714 Page ?9 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations by the general prohibition in Section 1090. Although this is not an exhaustive list, examples of some of those exceptions are listed below: • Non-interest exception for government salary, per diem, or reimbursement of expenses when the contract does not involve the department of the government entity that employs the officer or employee (Section 1091.5 (a)(9)); • Non-interest exception for government salary to an officer's or employee's spouse when the spouse was employed by the government entity for at least one year prior to the officer's or employee's election or appointment (Section 1091.5 (a)(6)); • Non-interest exception for a non -compensated officer of a non-profit corporation that supports the functions of the public entity or to which the public entity is required to give particular consideration (Section 1091.5 (a) (8)); • Non-interest exception for non -salaried members of a non-profit corporation (Section 1091.5 (a)(7)); and • Non-interest exception involving the receipt of public services on the same terms as would be provided if the officer were not a member of the governmental body or board (Section 1091.5(a)(3)); and • Non-interest exception for contracts for public services between a special district and its board members if the special district requires board members to be landowners or representatives of a landowner and the contract is made on the same terms and conditions granted to everyone else. (Section 1091.5(a) (14)). This exception was enacted in 2013. For purposes of the exception, "public services" include the powers and purposes generally provided pursuant to provisions of the Water Code relating to irrigation districts, California water districts, water storage districts, or reclamation districts. Summary of Principal Conflicts of Interest laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page iii Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 3. A Contract Made in Violation of Section 1090 is Void and Officials Violating Section 1090 Are Subject to Severe Penalties Finally, it is important to note the extreme consequences of a Section 1090 violation and thus the caution with which persons must act to ensure compliance with this law. A public official who willfully violates any of the provisions of Section 1090 "is punishable by a fine of not more than $1,000, or by imprisonment in the state prison, and is forever disqualified from holding any office in this state." § 1097. The civil fines applicable to Section 1090 violations now can be up to $10,000. § 1097.3(a). In addition, a contract made in violation of Section 1090 is void under Section 1092. People ex rel. State v. Drinkhouse, 4 Cal. App. 3d 931, 935 (1970) ("(Al contract in which a public officer is interested is void. rather than voidable as the statute indicates."). And as with the Political Reform Act, acting on the advice of counsel is not a defense to a Section 1090 violation. See People v. Chacon, 40 Cal. 4th 558 (2007): Chapman v. Superior Court, 130 Cal. App. 4th 261 (2005). Given these consequences, it is advisable for public officials to be very cautious in deciding whether they may participate in a contracting decision based on the existence of a "non-interest exception," whether they must abstain from those decisions based on the application of a "remote interest" exception, or whether their financial interest lies outside any exception and therefore precludes the public entity from entering into the contract altogether. 4. Aiding and Abetting Section 1090 Violations In 2014, the California Legislature adopted Senate Bill 952, which added a subsection (b) to Government Code Section 1090, which now reads: "An individual shall not aid or abet a Member of the Legislature or a state, county, district, judicial district, or city officer or employee in violating subdivision (a)" of Section 1090. The Legislature added a similar provision to Section 1093 such that a person "shall not aid or abet the Treasurer, Controller, a county or city officer, or their deputy or clerk" in purchasing or selling "warrants, scrip, orders, demands, claims, or other evidences of indebtedness" for personal gain. § 1093. The Legislature also added a penalty for these crimes to Section 1097, which applies when a person "willfully aids or abets an officer or person in violating" Section 1090 or certain other conflict provisions. In light of these new provisions, city officers and employees must be careful to avoid "aiding and abetting" a Government Code Section 1090 violation. 5. Seeking FPPC Advice on Section 1090 In 2013, the State Legislature adopted Assembly Bill 1090, which amended the enforcement provisions applicable to Government Code Section 1090. With the adoption of AB 1090, a person who is subject to the prohibition in Government Code Section 1090 may request advice and/or a formal opinion from the FPPC. § 1097.1(c). Such advice is admissible as evidence of good faith conduct by the requester if the requester truthfully disclosed all material facts and relied on the advice or opinion of the Summary of Principal Conflicts of Interest Laws and Regulations (0 2018 Richards, Watson & Gershon 2178714 Page 31 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations FPPC. § 1097.1(c). In addition, the FPPC is now authorized to enforce the prohibition in Government Code Section 1090 through administrative or civil actions. § 1097.1(a). 6. Statute of Limitations for Section 1090 Violations The statute of limitations for bringing a criminal prosecution under Section 1090 is three years from the discovery of the violation. People v. Honig, 48 Cal. App. 4th 289, 304 (fn. 1) (1996): Penal Code §§ 801, 803(c). However, under Government Code Section 1092, a four-year statute of limitations applies to actions brought under Section 1090 to invalidate a contract. This four-year statute of limitations begins to run from the date that the plaintiff has discovered the violation, or in the exercise of reasonable care, should have discovered the violation. A four-year statute of limitations also applies to civil actions brought by the FPPC. § 1097.3(c). C. Common Law Doctrine against Conflicts of Interest The common law doctrine against conflicts of interest constitutes the courts' expression of the public policy against public officials using their official positions for their private benefit. See Terry v. Bender, 143 Cal. App. 2d 198, 206 (1956). This doctrine provides an independent basis for requiring public officials and employees to abstain from participating in matters in which they have a financial interest. Violation of the doctrine can amount to official misconduct and can result in loss of office. Nussbaum v. Weeks, 214 Cal. App. 3d 1589 (1989). By virtue of holding public office, an elected official "is impliedly bound to exercise the powers conferred on him with disinterested skill, zeal, and diligence and primarily for the benefit of the public." Noble v. City of Palo Alto, 89 Cal. App. 47, 51 (1928). An elected official bears a fiduciary duty to exercise the powers of office for the benefit of the public and is not permitted to use those powers for the benefit of a private interest. Id. The common law doctrine against conflicts of interest has been primarily applied to require a public official to abstain from participation in cases where the official's private financial interest may conflict with his or her official duties. 64 Ops. Cal. Att'y Gen. 795, 797 (1981). However, the doctrine also applies when specific circumstances preclude a public official from being a disinterested, unbiased decision maker for a quasi-judicial matter. In one case, a council member who voted to deny permits for a condominium project near his house was deemed to have a common law conflict of interest (e.g., bias) due to his interest in preserving his ocean view and his personal animosity toward the applicants. Clark v. City of Hermosa Beach, 48 Cal. App. 4th 1 152 (1996). However, a more recent court decision creates some uncertainty as to whether the common law doctrine should be applied when statutory conflict of interest laws already address the particular situation. In BreakZone Billiards v. City of Torrance, 81 Cal. App. 4th 1205, 1233 (2000), the court declined to construe allegations of an official's bias in a decision to constitute a conflict of interest at common law when the applicable statutes already had been construed not to create a conflict of interest in that situation. In BreakZone, the court indicated, "(w)e continue to be cautious in Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 32 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations finding common law conflicts of interest .... We reject the application of the doctrine in this case, assuming, arguendo, it exists." 81 Cal. App. 4th at 1233. Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards. Watson & Gershon 2178714 Page 33 Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations II. OTHER SPECIALIZED CONFLICTS OF INTEREST LAWS AND REGULATIONS A. Doctrine against Holding Incompatible Offices 1. The Common Law Doctrine against Holding Incompatible Offices In addition to Government Code Section 1099 (discussed below), a common law doctrine (that is, legal principles established over time by court decisions) applies to prevent public officials from holding multiple public offices simultaneously. The common law doctrine against incompatibility of offices arose from a concern that the public interest would suffer when one person holds two public offices which might possibly come into conflict. The California Supreme Court set forth the following test for incompatibility of offices in People ex rel. Chapman v. Rapsey, 16 Cal. 2d 636 (1940): "Two offices are said to be incompatible when the holder cannot in every instance discharge the duties of each. Incompatibility arises, therefore, from the nature of the duties of the offices, when there is an inconsistency in the functions of the two, where the functions of the two are inherently inconsistent or repugnant, as where antagonism would result in the attempt by one person to discharge the duties of both offices, or where the nature and duties of the two offices are such as to render it improper from considerations of public policy for one person to retain both." 16 Cal. 2d at 641-42. Incompatibility of offices is not measured only by conflicts which do exist, but also by those conflicts which might arise. Chapman, 16 Cal. 2d 636, 641-42 (1940); 66 Ops. Cal. Att'y Gen. 382, 384 (1983); 64 Ops. Cal. Att'y Gen. 288, 289 (1981). In order to determine whether two positions are in conflict, it is necessary to determine first whether the two positions are both public offices within the scope of the doctrine. No statutory definition is given to the term "public officer." However, in Chapman, the court stated: "[A] public office is said to be the right, authority, and duty, created and conferred by law — the tenure of which is not transient, occasional, or incidental — by which for a given period an individual is invested with power to perform a public function for public benefit ... One of the prime requisites is that the office be created by the Constitution or authorized by some statute. And it is essential that the incumbent be clothed with a part of the sovereignty of the state to be exercised in the interest of the public." 16 Cal. 2d at 640 (citation omitted). Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 34 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Incompatibility can be triggered if the duties of the two offices "overlap so that their exercise may require contradictory or inconsistent action, to the detriment of the public interest." People ex rel. Bagshaw v. Thomson, 55 Cal. App. 2d 147, 150 (1942). Only one significant clash of duties and loyalties is required to make offices incompatible. 37 Ops. Cal. Att'y Gen. 21, 22 (1961). The policy set forth in Chapman includes prospective as well as present dashes of duties and loyalties. 63 Ops. Cal. Att'y Gen. 623 (1980) . Abstention has not been recognized as a remedy for incompatible offices. The general rule provides: "The existence of devices to avoid ... [conflicts] neither changes the nature of the potential conflicts nor provides assurances that they would be employed. Accordingly, the ability to abstain when a conflict arises will not excuse the incompatibility or obviate the effects of the doctrine." 66 Ops. Cal. Att'y Gen. 176, 177 (1983) (citation omitted). The effect of the doctrine of incompatibility of offices is that a public official who enters into the duties of a second office is deemed to have automatically vacated the first office if the two are incompatible. Chapman, 16 Cal. 2d at 644. A list of some of the offices that the California Attorney General has found to be incompatible are as follows: • County board of supervisors member and community college board member. 78 Ops. Cal. Att'y Gen. 316 (1995). • Fire chief and board of supervisors member. 66 Ops. Cal. Att'y Gen. 176 (1983) . • Public utility district member and county board of supervisors member. 64 Ops. Cal. Att'y Gen. 137 (1981). • School district trustee and council member. 73 Ops. Cal. Att'y Gen. 354 (1990) . • School board member and council member. 65 Ops. Cal. Att'y Gen. 606 (1982). • County planning commissioner and council member. 63 Ops. Cal. Att'y Gen. 607 (1980). • Fire chief and council member. 76 Ops. Cal. Att'y Gen. 38 (1993) . • County planning commissioner and city planning commissioner. 66 Ops. Cal. Att'y Gen. 293 (1983). Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards. Watson & Gershon 2178714 Page 35 Surnrrary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • County planning commissioner and county water district director. 64 Ops. Cal. Att'y Gen. 288 (1981). • City planning commissioner and school district board member. 84 Ops. Cal. Att'y Gen. 91 (1997). • City manager and school district board member. 80 Ops. Cal. Att'y Gen. 74 (1997). • School district board member and community services district board member. 75 Ops. Cal. Att'y Gen 112 (1992). 2. The Statutory Codification of the Common Law Doctrine of Incompatible Offices - Government Code Section 1099 Government Code Section 1099 is intended to create a statutory rule against holding incompatible offices. This section is not intended to expand or contract the common law rule and is intended to be interpreted based on precedent created through court decisions under the common law doctrine. Stats. 2005, c. 254 (S.B. 274), § 2. Section 1099 provides that a public officer, including but not limited to an appointed or elected member of a governmental board, commission, committee or other body, shall not simultaneously hold two public offices that are incompatible as defined by the statute. Section 1099 provides that offices are incompatible when: • Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body: • Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties and loyalties between the offices: or • Public policy considerations make it improper for one person to hold both offices. As is the case under the common law doctrine, Section 1099 provides that when two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second office. However, Section 1099 recognizes that certain state laws or local ordinances may expressly provide for the simultaneous holding of particular offices and that result would not be precluded by Section 1099. Section 1099 does not apply if one of the positions is an employment rather than an office. It also does not apply when one of the positions is a member of a legislative body that has only advisory powers. § 1099(c), (d). Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 36 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest laws and Regulations B. Incompatible Outside Activities Government Code Section 1126(a) provides, in relevant part: "[A] local agency officer or employee shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed...." The provisions of Section 1 126 prohibit officials and employees of a local government agency from engaging in outside employment or activities where any part of the employment or activity will be subject to approval by any other officer, employee, board or commission of the local agency. Exceptions are created to permit a public official to engage in outside employment by a private business, and to permit an attorney employed by a local agency in a non -elective position to serve on an appointed or elected governmental board of another agency. §§ 1 127, 1 128. However, the court in Mazzola v. City and County of San Francisco, 112 Cal. App. 3d 141 (1980) ruled that Section 1 126 provides only authorization to implement standards for incompatibility pursuant to paragraph (b) of Section 1126. The court ruled that the restrictions of Section 1 126 are not self-executing because existing and future employees should have notice that specific outside activities are or are not compatible with their duties as an officer or employee of the local agency. Thus, Section 1126 would not bar a public official from holding a position outside his or her public agency unless the public agency in which he or she serves as a public official adopts an ordinance in compliance with the requirements of Section 1126 that specifies that the two positions or activities are incompatible. Many cities have not adopted such ordinances. In light of the court's decision in Mazzola, the Attorney General ruled that Section 1 126 did not apply to any elected official, such as a council member, since elected officials do not have an "appointing power" that can promulgate guidelines for their activities pursuant to Section 1126. However, if a loco) agency adopts such guidelines, they can be made applicable to officers and employees subordinate to the legislative body of the local agency, including members of advisory boards and commissions. § 1 126(a). C. Successor Agency and Oversight Board Conflicts 1. Form 700s for Successor Agency and Oversight Board Members Regarding any city that adopted a resolution establishing a successor agency to the former redevelopment agency as a separate legal entity, an official who already files an annual Form 700 in his or her capacity as a city official does not need to file an Assuming Office Statement ("Assuming Office Form 700") within 30 days of assuming his or her position with the successor agency as long as these same city officials are Summary of Principal Conflicts of Interest laws and Regulations 2018 Richards, Watson & Gershon 2178714 Page 37 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Lows and Regulations already required to disclose all categories of economic interests. The successor agency official or employee will, however, have to file an Assuming Office Form 700 if he or she is not already required to disclose as a city official all categories of economic interests. With respect to those successor agency officers and employees who do have an obligation to file an Assuming Office Form 700, the 30 -day deadline for completing those filings is likely 30 days from the date he or she was appointed rather than 30 days after the officer or employee is sworn in to office or starts to perform duties. This means that if the successor agency was formed as a separate governmental entity, the date that the official was appointed to his or her position would be the date that the successor agency adopted its rules and regulations, established successor agency positions in those rules, and designated specific city officials to fill those positions. However, if the successor agency appointed certain city officials to those positions at a later point in time, that later date would be the date from which the 30 day period would commence to run. Members of an oversight board are subject to the Political Reform Act. This means oversight board members must comply with both the Act's conflict of interest disqualification and disclosure requirements. Oversight board members who do not also hold a concurrent city position need to file an Assuming Office Form 700 within 30 days of their appointment. For example, the appointees of the county, superintendent of schools, and other non -city representatives who do not concurrently hold a city position, should file an Assuming Office Form 700 as an oversight board member with the city clerk. Similarly, if one or both of the mayor's appointees do not concurrently hold a position with the city requiring disclosure of economic interests in all categories, they should file an Assuming Office Form 700 within 30 days of their appointment. However, if a person appointed by the mayor to represent the city on the oversight board or any other appointee to the oversight board concurrently holds a position with the city that is already required to broadly disclose in all categories, these persons would not be required to file an Assuming Office Form 700 under the FPPC staff rationale noted above. 2. Obligation of Successor Agencies to Adopt Conflict of Interest Codes The Act requires that local government agencies must adopt a conflict of interest code. An exception applies for those agencies where all of its officials and employees are already required to file Statements of Economic Interests as city officials. In the case of a successor agency, some members of its oversight board will not be city officials or employees. For example, the county, school district, county superintendent, and community college appointees are most likely not going to be current city officials or employees. Consequently, the successor agency must adopt a conflict of interest code that includes the oversight board. Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 38 Summary of the Major Provisions and Requirements of Principal Conflicts of interest Laws and Regulations 3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code Section 82011(c) provides that for "city agencies," the code reviewing body is the city council. The term "city agencies" is not defined in the Act but has been interpreted by the FPPC to mean local government agencies located solely within the boundaries of one city. In the past, the FPPC has interpreted a redevelopment agency as being a "city agency" and the city council as being the code reviewing body for the redevelopment agency. In the case of a successor agency of a former redevelopment agency that operates solely within the boundaries of one city, the successor agency will not have a jurisdictional boundary that extends beyond the boundary of the city. Consequently, the city council of the city in which the former redevelopment agency operated will be the code reviewing body for the successor agency. The city council, as the code reviewing body, is required to review and approve the successor agency's conflict of interest code not later than six months from the date the successor agency come into existence. § 87303. However, we recommend that this step be completed prior to that deadline for reasons mentioned below. Thus, it is appropriate to place the successor agency's conflict of interest code on a city council agenda for approval soon after the successor agency has adopted it. 4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements of Economic Interests The term "filing officer" is defined in the Act to be the office or officer with whom any statement or report is required to be filed under this title. § 82027. In determining where Form 700s are to be filed for officials of a successor agency, the city council, as the code reviewing body, may designate whether the "agency" (successor agency) or the "code reviewing body" (city council) is to be the entity with which Form 700s are filed. § 87500(p). Once that designation is made, the duty to perform the functions of filing officer must be delegated to an individual in either entity such as the city clerk, pursuant to Regulation 18227. The person designated becomes the "filing officer." Regulation 18227 provides that every entity with whom forms are filed shall assign to a specific official the responsibility for receiving and forwarding reports filed pursuant to Section 87500 (including Form 700s). Once assigned, the filing officer has a duty to supply Form 700s, review submitted Form 7D0s for completeness, and notify all persons who have failed to file forms and report violations to appropriate agencies. See § 81010. Thus, the city clerk or the successor agency secretary will most likely be the filing officer for the successor agency but such designation will ultimately be determined by the city council when acting as the code reviewing body for the successor agency's conflict of interest code. In the action to approve the successor agency's conflict of interest code, the city council should approve the successor agency's designation of the city clerk or successor agency secretary to be the filing officer for the successor agency's officials. In the meantime, it is appropriate for the city clerk or successor agency Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 39 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations secretary to begin performing the duties of the filing official for the successor agency even though such designation will not be finalized until approved by the city council as the code reviewing body. It is recommended that one of the first steps for the city clerk or successor agency secretary to undertake is to make a record of the appointment date for each officer of the successor agency and each member of the oversight board. With respect to those officials of the successor agency and oversight board that are not otherwise exempt from filing Assuming Office Form 700s for their position with the successor agency, city clerks should provide forms to those persons and facilitate the filing of those forms within the 30 -day time period required. D. Discount Passes on Common Carriers Article XII, Section 7 of the California Constitution states: "A transportation company may not grant free passes or discounts to anyone holding an office in this state; and the acceptance of a pass or discount by a public officer, other than a Public Utilities Commissioner, shall work a forfeiture of that office. A Public Utilities Commissioner may not hold an official relation to nor have a financial interest in a person or corporation subject to regulation by the commission." The Attorney General has explained this provision applies in the following manner: • The prohibition applies to public officers, both elected and non -elected, but not employees. • The prohibition applies to interstate and foreign carriers as well as domestic carriers, and to transportation received outside California. • The prohibition applies irrespective of whether the pass or discount was provided in connection with personal or public business. • Violation of the prohibition is punishable by forfeiture of office. There have only been a few decisions that address this constitutional prohibition. In one opinion, the Attorney General granted leave to sue two members of a city council who accepted free airline tickets to London given by Laker Airlines as part of the airline's promotion of its new Los Angeles to London service. Despite the fact that the council members were unaware of the prohibition, the Attorney General allowed a quo warranto suit that subsequently settled before judgment. See, e.g., 76 Ops. Cal. Atty. Gen. 1, 3 (1993). In another opinion, the mayor of a city received an upgrade from a coach seat to a first class seat on Hawaiian Airlines. 76 Ops. Cal. Atty. Gen. 1 (1993). There, the mayor's ticket was one of 20 first-class upgraded tickets that the airline was allowed to provide to "high profile, prominent members of the community." At issue was whether that Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page 40 Summary of the Major Provisions and Requirements Df Principal Conflicts of Interest Laws and Regulations situation fit within an exception to the constitutional prohibition for situations when the free transportation or discount is provided to a public officer as a member of a larger group unrelated to the official's position. The Attorney General ruled that the facts did not satisfy the exception and that a violation of the prohibition had occurred. The exception considered in that opinion stemmed out of a 1984 opinion of the Attorney General which held that a public officer could accept first-class ticket upgrades by virtue of the airline's policy to do so for all persons on their honeymoon. In 67 Ops. Cal. Atty. Gen. 81 (1984), the Attorrey General concluded that a public officer, whose spouse was a flight attendant. could accept a free transportation pass or discount when such was offered to all spouses of flight attendants without distinction to the official status of the recipient. Consequently, if the pass or discount is provided to the official because of his or her position as a governmental official, the prohibition applies. If it is provided to the official as a member of a larger group that is not related to the functions of his or her office, the prohibition may not be applicable. E. Conflicts upon Leaving Office - the "Revolving Door" Former elected officials and former city managers are restricted from receiving compensation for lobbying their city for one year after they leave public office. This restriction also applies to elected county and district officials and their chief administrative officers or general managers, but not to department directors or other public officials and employees. § 87406.3(a). A violation of the statute constitutes a misdemeanor, and the FPPC is authorized to impose administrative fines and penalties for its violation. § 91000. The type of lobbying subject to the oan includes both formal and informal appearances before a local agency and making any oral or written communication to the agency. The statute proscribes the appearances and communications if they are made to influence administrative or legislative action, or affect the issuance, amendment, awarding or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. § 87406.3(a). The term "administrative actions" within the scope of the lobbying ban includes "the proposal, drafting, development, consideration, amendment, enactment, or defeat by any local government agency of any mater, including any rule, regulation, or other action in any regulatory proceeding, whether quasi -legislative or quasi-judicial." However, matters that are "solely ministerial" are expressly excluded from the prohibition. § 87406.3(d) (1). The type of "legislative action" within the scope of the ban includes: "the drafting, introduction, modification, enactment, defeat, approval, or veto of any ordinance, amendment, resolJtion, report, nomination, or other matter by the legislative body of a local government agency or by any committee or subcommittee thereof, or by a member or employee of the legislative body of the local government agency acting in his or her official capacity." Summary of Principal Conflicts of Interest Laws and Regulaticns © 2018 Richards, Watson & Gershon 2178714 Page 41 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations § 87406.3(d) (2). The lobbying ban does not apply to any public official who is appearing or communicating on behalf of another local governing body or public agency of which the individual is a board member, officer or employee. § 87406.3(b)(1). Therefore, if such former elected city official or former city manager is contacting his or her city on behalf of the state, a county, a school district or some other governmental entity (in his or her capacity as a board member, officer, or employee), such activity is not precluded by the ban. Effective January 1. 2018. however, the lobbying ban does apply for the initial year if the former elected city official or former city manager serves another public agency as an independent contractor and appears or communicates on behalf of that agency in front of the agency that the person originally served. § 87406.3(b)(2). Such activity would be prohibited for the first year after leaving office or employment with the original agency. Some cities have their own preexisting "revolving door" ordinances that regulate the lobbying activities of their former public officials. This state law expressly does not preempt those ordinances or prevent cities from adopting additional ordinances on the subject in the future, provided those ordinances are more restrictive than the state law. § 87406.3(c). Thus, the law merely sets a new minimum standard applicable to all cities. F. Laws Prohibiting Bribery A number of state statutes prohibit bribery of public officials. Specifically, it is illegal to give or offer to give a bribe to a public official, or for a public official to ask for, receive, or agree to receive any bribe. Penal Code §§ 67, 68. Under a strict reading of these statutes, Penal Code Section 68 applies to bribery of a "ministerial officer, employee, or appointee," and Penal Code Section 67 applies only to bribery of an "executive officer in this state," but the courts have interpreted both statutes as having a broad scope applicable to public officials generally. People v. Haliner, 43 Cal. 2d 715, 717 (1954) (observing that Penal Code Section 67, despite its wording, is "all inclusive" and includes city officials, and that "[bjy the sixty-seventh section the offense defined is that of one who offers; by the sixty-eighth, that of one who receives a bribe"); People v. Stroh!, 57 Cal. App. 3d 347, 360 (1976) ("Numerous California Supreme Court and appellate court decisions since 1954 have held that 'executive officers' of various levels of local government, including the county level, as herein involved, come within [Penal Code] Section 67."). The Legislature also expressly made bribery of council members and supervising officials a crime, as well as solicitation of bribes by council members and supervisors. Penal Code § 165. Another statute makes it a crime for anyone to attempt to bribe "any person who may be authorized by law to hear or determine any question or controversy." Penal Code § 92. Considered together, these statutes cover the spectrum of public officials. The term "bribe" signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence. unlawfully, the person to whom it is given, in his or her action, vote, or opinion, in any public or official capacity. Penal Code § 7(6). Note that under all of the bribery statutes, it is not only the actual giving or accepting of a bribe that is Summary of Principal Conflicts of Interest Lows and Regulations 2018 Richards, Watson & Gershon 2178714 Page 42 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations criminal; merely offering to give or receive a bribe constitutes a violation of law. See, e.g., People v. Piet (1982) 31 Cal. 3d 731, 739 (noting that a "meeting of the minds" is unnecessary for a bribery conviction). A public officer forfeits his office if he requests, receives, or agrees to receive a bribe. Penal Code § 68. In addition, every officer convicted of any crime defined in the Penal Code sections pertaining to bribery and corruption is forever disqualified from holding any office in the state. Penal Code § 98. Note also that bribery and soliciting bribery potentially violate not only the Penal Code, but also the conflict of interest statutes. For example, in Terry v. Bender, 143 Cal. App. 2d 198 (1956), a court of appeal held that a council member violated Government Code Section 1090 when he solicited and received a bribe from an attorney in exchange for the council member's vote to employ the attorney with the city. 143 Cal. App. 2d at 207 (observing that by accepting the bribe, the council member "had placed himself in a position of economc servitude" in violation of Section 1090). Because the bribe "restricted the free exercise of the discretion vested in him for the public good," there was an impermissible conflict of interest. G. Campaign Contributions 1. Conflicts of Interests Arising on Appointed Boards and Commissions The Political Reform Act contains restrictions on the receipt and solicitation of campaign contributions. Under a portion of the Act known as the "Levine Act," a public agency official may not participate in decisions affecting individuals or entities who have given the official more than $250 in campaign contributions within the past 12 months. § 84308. However, a city council is not considered an "agency" for purposes of the statute. § 84308(a)(3). This disqualification therefore does not apply to a council member when participating in a decision of the council. It also does not apply to a council member who sits on the board of another agency of the city if the governing board of that agency is made up entirely of members of the city council when that member is participating in a decision of that agency. Regulation 18438.1 (a) (1). However, it does apply to a council member when that person is serving on the board of a joint powers authority. Importantly, this prohibition applies to planning commissioners and other officers of the public entity who are not directly elected by the voters. Thus, planning commissioners must comply with the restrictions in Government Code Section 84308. The Act also classifies campaign contributions differently than other financial interests. As discussed previously, the Act requires that public officials abstain from government decisions in which they have a financial interest, with certain exceptions. § 87100. A public official generally has a proscribed financial interest in a decision if it is reasonably foreseeable that the decision will have a material financial effect on (among other things): (i) a source of income aggregating $500 or more in value during the 12 months prior to the decision; or (ii) a donor of a gift or gifts aggregating $470 or more in value Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 43 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations during the 12 months prior to the decision. § 87103(c), (e); Regulations 18700, 18940.2. Campaign contributions, however, are not considered a "financial interest" for purposes of this disqualification because they are neither "income" nor a "gift" within the meaning of the statute. §§ 82028(b) (4), 82030(b) (1). This disqualification therefore is not triggered as a result of a council member's receipt of a campaign contribution. In other words, council members acting in their capacity as elected council members are not prohibited from acting on a matter which involves someone who has given them a political contribution. Regulation 18438.1(a). For example, the California Supreme Court ruled that Los Angeles City Council members were not disqualified from voting on a subdivision map by reason of receiving campaign contributions from the applicants and their agents. woodland Hills Residents Assn, Inc. v. City Council, 26 Cal. 3d 938, 945 (1980) ("Plaintiffs' accusation that receipt of a campaign contribution inevitably results in an appearance of bias or prevents a fair hearing is unwarranted."). Similarly, a court of appeal concluded that Torrance City Council members were not disqualified from voting on a conditional use permit application by reason of receiving campaign contributions from a party alleged to be in opposition to the application. BreakZone Billiards v. City of Torrance, 81 Cal. App. 4th 1205 (2000). Receipt of a campaign contribution can, however, disqualify a public official who serves on more than one public body. For example, under the Levine Act, a council member acting on behalf of an agency other than the city must abstain from a license, permit or other use entitlement decision involving an applicant, proponent or opponent who has made a contribution to the council member's campaign in excess of $250 within the preceding 12 months. The tact of the campaign contribution must also be disclosed prior to the abstention. This disqualification is inapplicable, however, if the campaign contribution is returned within 30 days of receipt. § 84308(c). 2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to an Official Act Another exception to the general rule that campaign contributions do not preclude an official from voting on a matter affecting a campaign contributor is the application of federal corruption laws to situations where the receipt of illegal, laundered or unreported campaign contributions are tied to an official act. In one recent case arising out of the City of San Diego, two council members were charged and convicted of wire fraud for conspiring to change the city's ordinance regulating adult-oriented businesses in exchange for campaign contributions from an adult-oriented business that had been illegally "laundered" through contributions made by residents of the city or which had been unreported and which constituted bribes. See United States v. Inzunza, 303 F. Supp. 2d 1041, 1043 (S.D. Cal. 2004) for a list of the charges; the case was referred to in the press as the San Diego "Strippergate" case. The charges included the alleged use of wire communications in interstate commerce in furtherance of the alleged conspiracy to defraud the public of their intangible right to honest service, in violation of 18 U.S.C. §§ 1951 (the Hobbs Act) and 1952 (Interstate Transportation in Aid of Racketeering). One of those convictions was later overturned. However, the case points out that direct connections between official acts and illegal or unreported Summary of Principal Conflicts of Interest Laws and Regulations C 2018 Richards Watson & Gershon 2178714 Page 44 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations campaign contributions may result in charges of bribery under California law and a violation of certain federal wire fraud and racketeering laws. 3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Same Agency In an effort to avoid local agency public employees being drawn into local political campaigns or having their positions the subject of political reward or retribution, California law contains a prohibition on the solicitation of campaign contributions by a local agency official or employee of other officials or employees within the same local agency. Section 3205 prohibits an officer or employee of a local agency from soliciting political contributions from an officer or employee of that same local agency. The prohibition applies to incumbents seeking re-election and to non -incumbent candidates for local agency office. An exception exists for broad general public solicitations to a "significant segment of the public" that also include some local agency officials and employees of that agency. § 3205(c). No definition exists as to what constitutes a significant segment of the public. In the context of conflict of interest provisions in the Political Reform Act, that term is defined to include segments of the local agency population such as ten percent of all residents, and, in the absence of any court interpretation of the law, that standard provides some guidance on what may be a sufficiently broad solicitation to come with the scope of the exception. Violation of the prohibition is punishable as a misdemeanor and may be prosecuted only by the County District Attorney. § 3205(d). 4. Nepotism One other potential source of a conflict of interest is a governmental decision that affects a family member. If a public official's relative has an application before the government agency on which the public official serves, the public official would potentially have an improper incentive to approve the relative's application. Because the financial interests of a public official's spouse and dependent children (children under 18 years of age who are dependent financially on their parents) are attributed to the public official under the Political Reform Act and Section 1090, participation in decisions financially benefiting spouses and dependent children is limited. §§ 82030, 87103: Thorpe v. Long Beach Community College Dist., 83 Cal. App. 4th 655 (2000) (holding that Section 1090 prohibited a community college district board from voting to approve the promotion of the spouse of a board member). If the approval did not require a decision by the legislative body, however, the public entity could still potentially approve an application or make a decision if the related public official did not participate. With respect to adult children and more extended family members, the Political Reform Act and Section 1090 would not automatically apply in the absence of some financial relationship between the public official and the adult child or extended family members. Davies Advice Letter, No. 1-90-329, 1990 WL 698051 (1990). Currently, state law only prohibits such "extended family" interests for the governing boards of school districts. Educ. Code § 35107(e). Under that statute, a school board member must abstain from participating in personnel matters that uniquely affect his or her relative. Summary of Principal Conflicts of Interest Laws and Regulations (4) 2018 Richards, Watson & Gershon 2178714 Page 45 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations "Relative" is defined as an adult who is related to the official by blood or affinity within the third degree, or in an adoptive relationship within the third degree. There is no comparable statute for cities and counties, but some local governments have established similar restrictions through ordinances or policies. The issue of familial relations comes up more frequently in the context of personnel decisions, as when a public entity prohibits the hiring of relatives of public officials or employees. Such anti -nepotism policies are generally upheld by the courts. For example, in Parsons v. County of Del Norte, 728 F. 2d 1234 (9th Cir. 1984), the Ninth Circuit upheld a county policy prohibiting spouses from working in the same department. The Ninth Circuit held that the policy did not violate the Equal Protection and Due Process clauses of the U.S. Constitution and was rationally related to a legitimate government interest: avoidance of conflicts of interest and favoritism in employee hiring, supervision and allocation of duties. See also Kimura v. Roberts, 89 Cal. App. 3d 871, 875 (1979) (upholding c policy prohibiting spouses from serving on both the city council and planning commission, reasoning that "the finding of the mayor and the city council that an actual or implied conflict of interest existed, is eminently rational, practical and legally sound"). Note, however, that state law prohibits the application of anti -nepotism rules to spouses in some circumstances. The Fair Employment and Housing Act prohibits an employer from making an employment decision based on whether an employee or applicant has a spouse presently employed, except it two specific situations: • For business reasons of supervision, safety, security or morale, an employer may refuse to place one spouse under the direct supervision of the other spouse. • For business reasons of supervision, security or morale, an employer may refuse to place both spouses in the same department, division or facility if the work involves potential conflicts of interest or other hazards greater for married couples than for other persons. 2 C.C.R. § 7292.5(a) (emphasis added). Accordingly, any anti -nepotism policy that a city or county adopts must not apply to the hiring of spouses, except in cases of direct supervision, where greater conflicts or hazards occur for married persons, or where a conflict of interest statute applies. Summary of Principal Conflicts of Interest Laws and Regulations 0 2018 Richards. Watson & Gershon 2178714 Page 46 Summary of the Major Provisions and Requirements of Principal Conficts of Interest Laws and Regulations III. LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS, HONORARIA AND LOANS The PRA provisions and other conflict of interest laws discussed above do not prohibit a public official from having an interest in a business or real property. Instead, they merely limit the official's ability to participate in governmental decisions that would materially affect those interests. There are additional restrictions in the PRA, however, with regard to certain gifts, honoraria and loans. The statute precludes local officials (including council members and planning commissioners) from receiving certain gifts, honoraria and loans. These prohibitions apply whether or not the source of the gift, honorarium or loan is or will ever be affected by a decision of the official's agency. This section outlines these prohibitions. A. Limitations on Receipt of Gifts 1. General Gift Limitation Government Code Section 89503(a) provides: "No elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall accept gifts from any single source in any calendar year with a total value of more than [$470]." (The gift limit amount has been adjusted in accordance with Regulation 18940.2.) Officials listed in Section 87200, in turn, include mayors, council members, planning commissioners, city managers, city attorneys, city treasurers, chief administrative officers and other public officials who manage public investments, and candidates for any of these offices. A similar limitation prohibits a city employee designated in a local conflict of interest code from accepting gifts from a single source totaling more than $470 in value in any calendar year, if the gifts would be required to be reported on his or her statement of economic interests. § 89503(c). 2. Biennial Gift Limit Adjustment The Act authorizes the FPPC to make an inflationary adjustment of the gift limitations set forth in Section 89503 every two years. § 89503(f). The most recent adjustment became effective on January 1, 2017, wherein the gift limit increased to $470. Regulation 18940.2. This figure will be further adjusted in future odd -numbered years. Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 47 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 3. Exceptions to Gifts None of the following is a gift and none is subject to any limitation on gifts (Regulation 18942) : a. informational Materials Informational materials such as books, reports, calendars, audio and video recordings, scale models, maps, free or discounted admission to informational conferences or seminars, and on-site demonstrations, tours or inspections that are provided to convey information for the purpose of assisting the official in the performance of official duties are not considered gifts. The cost of transportation for on-site demonstrations, tours or inspections may fall into this exception in particular situations. Regulations 18942(a) (1), 18942.1. b. Returned Gifts Except for passes and tickets as provided for in Regulation 18946.1, a gift that is not used and that, within 30 days of receipt, is returned, donated, or for which reimbursement is paid pursuant to Regulation 18941, is not a gift. The donation of a gift under this exception must be to either a 501(c)(3) charitable organization with which the official or a member of his or her family holds no position or to a government agency, without being claimed as a tax deduction. Regulation 18942(a) (2). c. Family Gifts A payment from an individual's family member is not subject to the gift limitations, unless the donor is acting as an agent or intermediary for any other person. The family members included in this exception are a spouse or former spouse, child or step -child, parent, grandparent, grandchild, brother, sister, current or former parent -in-law, current or former brother-in-law, current or former sister-in-law, nephew, niece, aunt, uncle, grand nephew, grand niece, grand aunt, grand uncle, first cousin or first cousin once removed, or the current or former spouse of any such person other than a former in-law. Regulation 18942(a)(3). d. Campaign Contributions Campaign contributions are not subject to gift limitations. However, an official is nonetheless required to report campaign contributions on his or her Form 700. Regulation 18942(a)(4). e. Jnherited Money or Property Devises or inheritances of any kind are exempt from gift limitations. Regulation 18942(a) (5). Summary of Principal Conflicts of Interest Lows and Regulations ® 2018 Richards, Watson 8 Gershon 2178714 Page 48 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Lows and Regulations f. Awards A personalized plaque or trophy with an individual value of less than $250 is not a gift. Regulation 18942(a)(6). g. Home Hospitality The cost of home hospitality is not considered a gift unless any part of the cost is paid directly or reimbursed by another person, any person deducts any part of the cost as a business expense on a tax return, or the host has an understanding with someone else that any amount of compensation the host receives from that person includes a portion to be utilized to provide gifts of hospitality. Regulation 18942(a)(7). "Home hospitality" is defined as any benefit received by the official, and the official's spouse and family members when accompanying the official, which is provided by an individual with whom the official has a relationship, connection, or association unrelated to the official's position and the hospitality is provided as part of that relationship, connection, or association in the individual's home when the individual is present. Home hospitality includes entertainment, occasional overnight lodging, and any food. including food provided by other guests at the event and benefits received by the official when the official serves as the host. In determining where this exception is available, the official is to presume that the cost of the hospitality is paid by the host unless the host discloses to the official or it is clear from the surrounding circumstances that someone other than the host paid the cost or part of the cost of the hospitality. Regulation 18942.2. A "home" includes a vacation home owned, rented, or leased by the irldividuul fur use as his or her residence, including in some cases a timeshare or a motor home or boat owned, rented, or leased by the individual for use as his or her residence. "Home" also includes any facility in which the individual has a right -to -use benefit by his or her home residency, such as a community clubhouse. Regulation 18942.2. h. Presents on Personal or Family Occasions Benefits commonly exchanged between an official and an individual, other than a lobbyist, on holidays, birthdays, or similar occasions are not gifts as long as the presents exchanged are not substantially disproportionate in value. For purposes of this exception, "benefits commonly exchanged" includes food, entertainment, and nominal benefits provided to guests at an event by an honoree or other individual, other than a lobbyist, hosting the event. Regulation 18942(a)(8)(A). i. Reciprocal Exchanges Reciprocal exchanges made in a social relationship between an official and another individual who is not a lobbyist and with whom the official participates in repeated social events are not gifts where the parties typically rotate payments on a continuing basis so that, over time, each party pays for approximately his or her share of the costs of the continuing activities. The repeated social events may include lunches, dinners, rounds of golf, attendance at entertainment or sporting events, or any other such event so long as the total value of payments received by the official within the year is not Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page 49 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations substantially disproportionate to the amount paid by the official. If the official receives much more than what he or she paid, the official has received a gift for the excess amount. This exception does not apply to any single payment that is equal to or greater than $470. Regulation 18942(a) (8) (B). 1. Leave Credits Donated to an Official Leave credits, including vacation, sick leave, or compensatory time off, donated to an official in accordance with a bona fide catastrophic or similar emergency leave program established by the official's employer are not gifts as long as they are available to all employees in the same job classification or position. This exception does not include donations of cash. Regulation I8942(a) (9). k. Disaster Assistance Payments received under a government agency program or a program established by a 501(c) (3) organization designed to provide disaster relief or food, shelter, or similar assistance to qualified recipients are not gifts as long as such payments are available to members of the public regardless of official status. Regulation 18942(a)(10). I. Admission when "Speech" Made Payment of the official's admission by the organizer of an event is exempt from the gift limitations if the official makes a "speech" at the event. Regulation 18942(a)(11). This exemption applies if the official is "making a speech, participating on a panel, or making a substantive formal presentation at a seminar or similar event. Regulation 18950(b) (2). For the purpose of the exemption, the price of admission can include food and "nominal items" including things like pens, stress balls, note pads, etc. Regulation 18942(a) (1 1). m. Campaign Travel The payments made to an elected officer or candidate for his or her transportation, lodging, or subsistence provided in direct connection with campaign activities, including attendance at political fundraisers, are exempt from the gift limitations. Payments made during the six-month period prior to an election are considered "in direct connection" with the campaign activities if the payment is for necessary transportation, lodging, or subsistence and used for the officer's or candidate's participation in forums, debates or other speaking events or attendance at campaign strategy meetings with staff or consultants. Beyond this six-month period, the payment is considered a gift unless it is clear from the surrounding circumstances that the payment was made directly in connection with campaign activities. Regulations 18942(a) (12), 18950.4. n. Ticket for Ceremonial Role A ticket which is provided to an official and one guest of the official for his or her admission to an event where the official performs a ceremonial role on behalf of the agency is not a gift, so long as the agency reports the ticket on its Form 802. The term Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 50 Summary of the Major Provisions and Requirements of Principal Conficts of Interest Laws and Regulations "ceremonial role" means an act performed at an event by the official as a representative of the official's agency at the request of the holder of the event where, for a period of time, the focus of the event is the act performed by the official. Examples include throwing out the first pitch at a baseball game, cutting a ribbon at a library opening, or presenting a certificate or award. A city may adopt specific policies to either limit or expand the permissible ceremonial roles for an official in that city, the full list of which must be forwarded to the FPPC. Any official who attends the event as part of his or her job duties to assist the official who is performing the ceremonial role has not received a gift or income by attending the event. Regulations 18942(a)(13), 18942.3. o. Prize or Award in Bona Fide Contest or Competition A prize or award received in a manner not related to the official's status in a bona fide contest, competition, or game of chance is not a gift. A prize or award that is not reported as a gift shall be reported as income unless the prize or award is received as a winning from the California State Lottery. Regulation 18942(a)(14). p• Weddings Benefits Benefits received as a guest attending a wedding or civil union are not gifts if the benefits are substantially the same as the benefits received by the other guests attending the event. Regulation 18942(a) (15). q. Bereavement Offerings Bereavement offerings typically provided in memory of and at the time of the passing of a spouse, parent, child, or sibling or other relative of the official are not gifts. Regulation 18942(a) (16). r. Acts of Neighborliness A service performed as an act of ordinary assistance consistent with polite behavior in a civilized society that would not normally be part of an economic transaction between like participants under similar circumstances is not a gift. Examples of such services include the loan of an item, an occasional needed ride, personal assistance in making a repair, bringing in the mail or feeding the cat while the official is away. Individuals need not be actual neighbors for this exception to apply. Regulation 18942(a)(17). s. Bona Fide Date or Dating Relationship Personal benefits commonly exchanged between people on a date or in a dating relationship are not gifts. However, such benefits are gifts if the individual providing the benefit to the official is a lobbyist or otherwise has particular interests in the official's role in the agency within 12 months of the date. Even if the benefit is from such an individual, the gift is still not reportable or subject to limits but the aggregate value is subject to the conflict of interest provisions if the value is $470 or greater. Regulation 18942(a)(18)(A). Summary of Principal Conflicts of Interest Luws and Reyululiar is C 2018 Richards. Watson & Gershon 21/8714 Paye 51 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations t. Acts of Human Comoossion Payments provided to an official or his or her family member by an individual to offset family medical or living expenses that the official can no longer meet without private assistance because of an accident, illness, employment loss, death in the family, or other unexpected calamity are not gifts. Payments provided to an official or his or her family member to defray expenses associated with humanitarian efforts such as the adoption of an orphaned child are also not gifts. However. under this exception, the source of the donation must be an individual who has a prior social relationship with the official of the type where it would be common to provide such assistance (such as a relative, long-term friend, neighbor, co-worker or former co-worker, member of the same local religious or other similar organization, etc.), or the payment must be made without regard to official status under other circumstances in which it would be common to receive community outreach. In any case, the individual providing the benefit to the official cannot be a lobby's' or otherwise have particular interests in the official's role in the agency within 12 months of the payment. Regulation 18942(a)(18)(8). u. Best Friends Forever A payment provided to an official by an individual with whom the official has a long term, close personal friendship unrelated to the official's position with the agency is not a gift. However, the individual providing the benefit to the official cannot be a lobbyist or otherwise have particular interests in the official's role in the agency within 12 months of the payment. Regulation 18942 (a) (18) (C). v. Catch -All Any other payment that would otherwise meet the definition of gift is not a gift where the payment is made by an individual who is not a lobbyist and it is clear that the payment was made because of an existing personal or business relationship unrelated to the official's position. Additionally, there can be no evidence whatsoever at the time the payment is made that the official makes or participates in the type of governmental decisions that may have a foreseeable material financial effect on the individual who is the source of the payment. Regulation 18942(a) (19). 4. Gifts to an Agency Regulation 18944 provides a narrow exception to the normal gift reporting requirements and value limitations for gifts made directly to a public agency. A payment made to a state or local government agency that is used for official agency business is not considered a gift or income to an individual public official who is the end recipient, even though the official receives an incidental personal benefit from the payment. As such, the gift does not have to be reported by the individual and is not subject to the annual value limitation. A payment shall be considered a gift to the public official's agency and not a gift to the public official if all of the following requirements are met: the payment must be Summary of Principal Conflicts of nterest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page 52 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Lows and Regulations used for official agency business; the agency head must determine and control the agency's use of the payment, including the selection of the official who will use the payment; and the agency must report the payment on a Form 801. The Form 801, which must be signed by the agency head and maintained as a public record in accordance with Government Code Section 81008, must include the following information: • Donor Information: The reporting form requires not only the donor's name, but also his or her address, and must identify any other persons who contributed to the gift, as well as the amount each person contributed. If the donor is not an individual, the report must describe the business activity or nature of the entity giving the gift. • Description of Payment: The form requires a description of the payment, the date it was received, the intended purpose and the amount of the payment or the actual or estimated fair market value of the goods or services provided, if the amount is unknown. • Recipient Information: The form also requires that the agency specify the name, title, and department of the agency official who used the payment. Regulation 18944(c) (3). For any quarter year period in which the payments received by the agency aggregate to $2,500 or more since the last filing, a local agency must submit a copy of the form or a detailed summary of the information to its filing officer within 30 days after the close of the quarter. Thereafter, the filing officer must post a copy of the form or the information in a 'prominent fashion" on its website within 30 days after the close of the quarter. If the local agency does not maintain a website, the agency must send its Form 801 to the FPPC, which will post the document on its own website. Regulation 18944(d). 5. Gifts to an Official's Family Regulation 18943 governs gifts to an official's or candidate's family. This regulation was substantially revised in late 2009 and again in 2011. Regulation 18943 adds new definitions and requirements that public officials should carefully review. Regulation 18943 adds definitions for an official's "family member," which includes an official's spouse or registered domestic partner, a dependent child, and an official's child. "Dependent child" means a child (ircluding an adoptive child or stepchild) of a public official who is under 18 years old and whom the official is entitled to claim as a dependent on his or her federal tax return. Regulation 18229.1. An "official's child" (including an adoptive child or stepchild) means a child who meets all of the following criteria: • The child is at least 18 but no more than 23 years old and is a full-time or part-time student; Summary of Principal Conflicts of Interest Laws and Regulations C5) 2018 Richards. Watson 8 Gershon 2178714 Page 53 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • The child has the same principal residence as the official. For purposes of this provision, a place, located away from the official's residence, at which the child resides for the purpose of attending school is not the child's "principal place of res dence"; and • The child does not provide more than one-half of his or her own support. Gifts to Both an Official and One or More Family Members. A single gift to both an official and one or more members of the official's family is a gift to the official for the full value of the gift. See "Wedding Gifts" section below for a particular exception to this rule. Gifts Solely to Family Members. A gift given solely to a member of an official's family is a gift to the official, when there is no established working, social, or similar relationship between the donor and the official's family member that would suggest an appropriate association for making such a payment. A gift given to a member of an official's family is also a gift to the official if there is evidence to suggest the donor had a purpose to influence the official, such as when: • The donor is a lobbyist, lobbying firm, lobbyist employer, or other similar person and is registered to lobby the official's state agency; • The donor is involved in an action or decision before the local or state government agency in which the official will reasonably foreseeably participate or in an action in which he or she has participated within the last 12 months; or • The donor has a contract with the official's agency or the donor engages in a business that regularly seeks contracts with, or licenses, permits or other entitlements from, anc the official may reasonably foreseeably make or participate in such a decision or has participated in such a decision within 12 months of the time the gift is made, unless the donor has less than 10 percent interest in the business contracting with or appearing before the agency. 6. Invitation -Only Events When an official and one of his or her guess attends an invitation -only event such as a banquet, party, gala, celebration, or other similar function, other than a non-profit or political fundraiser as set forth in Regulation 18946.4, the value received is the official's and the guest's pro -rata share of the cost of the food, catering services, entertainment, and any item provided to the official and guest that is available to all guests attending the event. Regulation 18946.2(b). A calculation of the pro -rata share means the total cost of the list expenses above, divided by the number of acceptances or the number of attendees at the event. Any other specific benefit provided to the official and guest at the event, such as golf green fees, is valued at fair market value. Regulation 18946.2(b) . Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards. Watson & Gershon 2178714 Page 54 Summary of the Major Provisions and Requirements Df Principal Conflicts of Interest Lows and Regulations a. Official or Ceremonial Functions When an official performs an official or ceremonial function at an invitation -only event in which the official is invited to participate by the event's sponsor or organizer to perform an official or ceremonial function, the value received is the pro -rata cost of any meal provided to the official and guest, plus the value of any specific item that is presented to the official and his or her guest at the event. Regulation 18946.2(d). b. Drop -In Visit Except for an event sponsored by a lobbyst, lobbying firm, or lobbyist employer, if an official attends an invitation -only event and does not stay for any meal or entertainment otherwise provided at the event, receiving only minimal appetizers or drinks, the value of the gift received is the value of any specific item, other than food, that is presented to the official and his or her guest at the event. For purposes of this regulation, "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18946.2(e). c. lobbyists, lobbying Firms, and lobbyist EmDlovers Where an official attends an invitation -only event sponsored by a lobbyist, lobbying firm, or lobbyist employer, the value of the gift is the pro -rata share of the cost of the event. Regulation 18946.2(b), 18640. If the official notifies the lobbyist, lobbying firm, or lobbyist employer that the official attended the event but that he or she did not stay for any meal or entertainment, receiving only minimal appetizers and drinks, the value of the gift received is the value of any specific item (other than food) that is presented to the official and the official's guest at the event. Regulation 18640(b). Again, the term "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18640. 7. Tickets to Political and Charitable Fundraisers Regulation 18946.4 provides special rules for tickets provided to public officials to fundraisers for nonprofit and political organizations. Such tickets are not considered gifts to a public official if certain requirements are met. This exception applies only to two tickets provided to an official, and only if it is provided directly by the charity or campaign committee; additional tickets are treated as gifts. The requirements vary depending on whether the organization is a 501(c)(3) nonprofit, a non -501(c)(3) nonprofit, or a political organization. a. Non -501(c)(3) Nonprofit Fundraiser Regulation 18946.4(a) provides that a ticket to a fundraising event for a nonprofit, tax- exempt organization that is neither a political campaign committee nor a 501(c) (3) nonprofit shall be valued as follows: Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards. Watson & Gershon 2178714 Page 55 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Where the ticket to the fundraiser clearly states that a portion of the ticket price is a donation to the organization, or the organization provides information indicating the portion of the admission price that constitutes the donation, then the value of the gill is the face value of the ticket or admission reduced by the amount of the donation - i.e., the "nondeductible portion" of the price of admission. • If there is no ticket or other official information provided by the organization indicating the value of the nondeductible portion of admission, the value of the gift is the pro -rata share of the cost of any food, catering service, entertainment, and any other item provided to the official that is available to the other guests. A calculation of the pro -rata share means the total cost of the listed expenses, divided by the number of acceptances or the number of attendees. Any other specific benefit provided to the official at the event, such as golf green fees, is valued at fair market value. b. Fundraiser for a 501(c)(3) Religious, Charitable, Scientific, Literary or Educational Organization Where the event is a fundraising event for an organization exempt from taxation under Internal Revenue Code Section 501(c)(3), such an organization may provide two tickets per event to an official, and the ticket shall have no value. Regulation 18946.4(b). Any additional tickets or admissions provided by the 501(c)(3) organization, any tickets provided to or controlled by the official, and any tickets not provided directly by the 501 (c) (3) are valued as tickets from a non -501(c) (3) nonprofit. Regulation 18946.4(b). c. Political Fundraiser For the gift of a ticket, pass, or other admission privilege to a political fundraising event for a "campaign committee" or a comparable committee regulated under federal law or the laws of another state, the committee or candidate may provide two tickets per event to an official that shall be deemed to have no value. A "campaign committee" is any person or persons who directly or indirectly receives contributions totaling two thousand dollars ($2,000) or more in a calendar year (note: this was increased from $1,000 in 2015), makes independent expenditures totaling one thousand dollars ($1,000) or more in a calendar year, or makes contributions totaling ten thousand dollars ($10,000) or more in a calendar year to or at the behest of candidates or committees. Regulation 18406: § 82013. 8. Tickets and Passes to Events a. Exempt from Reporting Reauirements and Value Restrictions In 2010 and 2011, the FPPC completely revised the regulations regarding tickets and passes that provide admission or access to facilities. Regulation 18944.1 applies only to the benefits the official receives from tickets or passes given to an agency for admission to a facility, event, show or performance for an entertainment, amusement, Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson & Gershon 2178714 Page 56 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Lows and Regulations recreational or similar purpose that are provided to all members of the public with the same class of ticket or pass. The regulation does not apply to: tickets to lunch or dinner events such as non-profit fundraisers where there is no recreation or entertainment; tickets provided in which the official performs a ceremonial role; or, admission provided to a school, college or university official, coach, athletic director or employee to attend an amateur event performed by students of that school, college or university. Accordingly, when a public official receives a ticket or pass from an agency and the official uses the ticket or pass, it does not have to be reported as a gift if one or more of the following exceptions apply: • Reimbursement. The ticket or pass is not considered a gift if the official reimburses the agency for the ticket. • Treated as Income. The ticket or pass is not considered a gift if the official treats the ticket or pass as income consistent with applicable state and federal income tax laws anc the agency reports the distribution of the ticket or pass as income on its Form 802. • Agency -Distributed Ticket or Pass from Outside Source. If a third party gives a ticket or pass to an agency, and the agency then distributes the ticket to an official for his or her use, it is not a gift so long as: the original source of the ticket or pass has not earmarked it for use by particular agency officials; the agency determines in its sole discretion who uses the ticket or pass; and the distribution of the ticket or pass by the agency is made in accordance with a legitimate policy adopted by the agency, as described below. • Agency -Provided Ticket or Pass. A ticket or pass that an agency (1) obtains pursuant to the terms of a contract for use of public property, (2) obtains or controls because the agency controls the event or venue, or (3) purchases at fair market value and distributes in accordance with a legitimate policy adopted by the agency, as described below, is not a gift. b. Written Policy for Distribution of Tickets. The distribution of tickets and passes described above must be made pursuant to a written policy approved by the agency's legislative or governing body and posted on the agency website and maintained as a public record, subject to inspection and copying. Regulation 18944.1(e). The policy must contain the following: (1) a provision setting forth the public purposes of the agency for which tickets or passes may be distributed, which may include supporting general employee morale, retention or to reward public service if tickets or passes are given to officials who are not elected; (2) a provision requiring that the distribution of any ticket or pass to, or at the behest of, an official accomplish a stated public purpose of the agency; and (3) a provision prohibiting the transfer of any ticket received by an agency official, except to his or her immediate family or no more than one guest. The agency's legislative or governing Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson & Gershon 21/8/14 Page 57 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations body must determine whether the distribution of tickets or passes serves a legitimate public purpose of the agency, consistent with state law. c. Form 802 for Reporting Distribution of Tickets and Passes. Within 45 days of receiving a ticket or pass, the head of the agency must fill out and certify a Form 802 describing the distribution of tickets or passes to an official. The Form 802 requires: (1) the name of the official who received the ticket or pass, (2) a description and date of the event, (3) the face value of each ticket or pass, (4) the number of tickets or passes distributed to the official, (5) if the official gave the ticket or pass to another person, the name of that person, and (6) the specific public purpose under which the distribution was made or that the ticket or pass was distributed as income to the official. This form must be maintained as a public record, subject to inspection and copying. The agency must post the form, or a summary of its contents, on its website and send the FPPC, by e -mal, the agency's website link for posting on its website. Regulation 18944.1(f). 9. Gifts from a Government Agency to an Official in That Agency A payment by an agency that provides food, beverage, entertainment, goods or services of more than a nominal value to an official in that agency is a reportable gift to that official, unless the payment is a "lawful expenditure of public moneys." Regulation 18944.3. Several commentators have questioned the need or usefulness of this regulation because a public agency is already prohioited from making a payment that is not a "lawful expenditure of public moneys." Boiled down, the regulation states that it is illegal for an agency to give a gift unless the gift is legal. Until the FPPC issues some formal opinions or advice letters clarifying the regulation, or revises the text, its immediate application is unclear. 10. Wedding Gifts The value to an official of a wedding gift given to an official and his or her spouse or spouse -to -be is one-half of the gift's total value. Regulation 18946.3. This is an exception to the general rule, described above in "Gifts to an Official's Family," that a single gift to both an official and one or more members of the official's family is a gift to the official for the full value of the gift. The value of a wedding gift may exceed the gift limit, currently set at $470. Regulation 18942(b)(2). 11. Certain Gifts of Travel Payments for travel for a public official are generally subject to the annual gift limit, unless the payment is otherwise exempt. FPPC regulations state that a "payment for travel" includes "any payment that provides transportation to an official from one location to another location," as well as the cost of lodging and food connected with the travel. Regulation 18950(b). Summary of Principal Conflicts of Interest lows and Regulations C 2018 Richards, Watson & Gershon 2'78714 Page 58 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations For reporting purposes, payments of air travel are valued in accordance with FPPC regulation 18946.5, as follows. Air travel is valued as the price the carrier charges the public for the same class seat on the flight provided to the official in the case of a commercial flight. The value of all other air transportation is the value of the normal and usual charter fare or rental charge for a comparable airplane of comparable size, divided by the number of passengers aboard the flight. Exceptions for certain gifts of travel are found in both the Act and the FPPC regulations, which are discussed below. The FPPC regulations on this point were substantially revised in 2013. Public officials should review these exceptions closely and consult with the agency's legal counsel before relying on them. a. Travel payments related to speeches that serve a governmental purpose Section 89506(a)(1) exempts from the gift limit any payments, advances, and reimbursements for travel that are reasonably related to a legislative or governmental purpose or issue of public policy if made in connection with a speech made by the official in the U.S. § 89506(a)(1); Regulation 18950(b). These types of payments for travel are not subject to the gift limit, but they must still be reported on a public official's Form 700. § 89506(a) (1) ; Regulation 18950(a) . b. Travel payments related to a governmental purpose made by government agencies and certain non -profits Section 89506(a)(2) exempts from the gift limit any payments, advances, and reimbursements for travel that are reasonably related to a legislative or governmental purpose or issue of public policy if provided by a governmental agency, a 501 (c)(3) nonprofit, 14and a few other limited organizations/persons. § 89506(a)(2). These types of payments for travel are generally not subject to the gift limit, but they must still be reported on a public official's Form 700. § 89506(a)(2); Regulation 18950(a). However, Section 89506(f)(3) now clarifies that if a nonprofit is acting as an intermediary or agent of a donor, then the $470 gift limitation would apply and the original donor must be listed as the source of the gift to the official, as well as considered a financial interest for the purpose of conflicts analysis. § 89506(f)(3). c. Travel for education. training, or intra-aciencv purposes Any payment for travel and per diem expenses received from a state, local, or federal agency is not a gift or income if used by the official for "education, training, or other inter -agency programs or purposes." Regulation 18950(c)(2). With respect to nonprofit organizations that regularly organize and host travel for elected officials and who make payments. advances. or reimbursements totaling more than $10.000 tor a calendar year or $5,000 to an individual person, the Act now requires the nonprofits to disclose the names of donors responsible for funding the hovel costs. § 89506(f). An organization "regularly organizes and hosts trove!" if the organization's expenses for travel, study tours, or conferences constitutes more than one third of its total expenses. Id. In that case. the nonprofit must disclose the names of donors who contributed $1,000 or more to the nonprofit organization and who accompanied the elected official. either in person or through an agent. tor any portion of the travel. § 89506(f). Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson R Gershon 2178714 Page 59 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest laws and Regulations d. Travel in a vehicle or Diane owned by another official or agency Regulation 18950(c)(3) provides that "transportation provided to an official in a vehicle or aircraft owned by another official or agency when each official is traveling to or from the same location for an event as a representative of their respective offices" does not constitute a "payment" and therefore does not count as a gift. Regulation 18950(c)(3). e. Travel Made in Conjunction with Official Agency Business Regulation 18950.1 provides an exception for travel provided by sources other than local, state, or federal agencies if the travel is made in conjunction with certain types of official agency business. This exemption applies only to travel payments that meet all of the following requirements: • The payment is made directly to or coordinated with the government employer and not made to the employee; • The payment is used for official agency business; • The government employer determines which official will use the payment for travel; • The payment provides no personal benefit to the official who uses the payment; • The duration of travel is limited to that necessary to accomplish the purposes for which the travel was provided; and • The government employer reports the payment, as specified below. The second requirement above - that the payment be used for official agency business - is satisfied under any of the following circumstances: • The payment is made pursuant to a provision in a contract requiring the contracting party to pay ary expenses associated with any required governmental travel resulting from the government agency's participation in the contract and the payment is used for that purpose: • The payment is made for the travel expenses of an official for the purpose of performing a regulatory inspection or auditing function that the governmental employer is mandated to perform; • The payment is made for the travel expenses of an official and the official is attending solely for purposes of providing training or educational information directly related to the governmental employer's functions or duties under the laws that it administers for individuals who are affected by those laws, and the payment is made by an organization to provide such training for its members; Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 6G Summary of the Major Provisions and Requirements of Principal Conflicts of Interest laws aril Regulations • The payment is made for the travel expenses of an official to an educational conference directly related to the governmental employer's functions or duties under the laws that it administers, the official is a named presenter at the conference, and the payment is made by the organizers of the event; • The payment is made for the travel expenses of an official for the purpose of receiving training directly related to the official's job duties and the payment is provided by an organization that commonly provides such training: • The payment is made for food provided to all attendees at a working group meeting in which the agency official participates as a representative of his or her agency in a working group meeting under his or her officially assigned job duties and the agency is authorized to provide an official to attend the meeting; or • The payment is for travel expenses that are required to attend a location to view an in place operation, structure, facility, or available product where the viewing would substantially enhance an official's knowledge and understanding in making an informed decision to enter into a contract regarding a similar operation, structure, facility or purchase of the product pursuant to the jurisdictional authority of the official's governmental employer. The third requirement above - that the payment is made directly to or coordinated with the agency - is satisfied if the government employer selects the public official who will use the payment for travel. If, however, the payment relates to an oral presentation to provide training or discuss policy and direction in implementing the agency's functions, the donor of the payment may request the official who is most qualified to make the presentation. Regulation 18950.1(d). The fourth requirement above - that the payment of travel does not provide a personal benefit to the official - is satisfied under Regulation 18950.1(e) if both of the following requirements are met: • The travel is for purposes approved by the governmental employer under the same requirements applicable to travel using its own funds, and the official is representing his or her governmental employer in the course and scope of his or her official duties. • Travel expenses are limited to no more than the expenses allowable for travel for agency business that would reasonably be paid at agency expense. The latter requirement does not apply to either of the following: • Payment for food where food is provided as part of the admission to the event. Otherwise, any payments for food must be made to the Summary of Principal Conflicts of Interest Laws arid Regulations (� 2018 Richards, Watson & Gershon 2178714 Page 61 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations government employer pursuant to the employer's per diem travel policy. Regulation 18950.1(b). • Payment for any lodging or food if the lodging and food is provided at a site where the official attends a widely attended meeting or conference and the value is substantially equivalent in value to the lodging or food typically made available to the other attendees. Regulation 18950.1(g). The sixth requirement above - that the payment is reported - is satisfied by the agency reporting the payment on a quarterly basis on a form prescribed by the FPPC. Regulation 18950.1(f). All such forms must be maintained as a public record and subject to inspection and copying under Government Code Section 81008. f. Travel in Connection with Bona Fide Business The FPPC regulations reiterate the general rule in Government Code Section 89506, whereby a payment made for transportation, lodging, or food, which is made in connection with a bona fide business trade, or profession, and which satisfies the criteria for federal income tax deductions for business expenses specified in Internal Revenue Code Sections 162 and 274, is not an honorarium or gift, unless the sole or predominant activity of the business, trade or profession is making speeches. Regulation 18950.2. g. Travel Paid from Campaign Funds A payment made to an official who is a candidate to cover his or her transportation, lodging or food, in connection with campaign activities, is a contribution to the campaign committee of that official. Regulation 18950.3(a). A payment made to an official by or at the behest of a committee for the official's actual travel expenses (including food and lodging), or for other actual and allowable campaign expenses, is neither income nor a gift to the official so ong as the expenses are reportable by the committee under the relevant sections of the Political Reform Act (Government Code Sections 84100 et seq.) or applicable federal law. Any other payment for travel from a committee to an official that is not covered by Regulation 18950.3(a) and (b) is income or a gift. Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 62 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations B. Prohibitions on Receipt of Honoraria Government Code Section 89502 provides that an elected officer of a local government agency and any official listed in Section 87200 shall not accept an honorarium. This prohibition also applies to candidates for elective office in a local government agency. § 89502(b). An "honorarium" means any payment made in consideration for any speech given, article published, or attendance at any public or private conference, convention, meeting, social event, meal, or like gathering. § 89501. 1. Exceptions to the Prohibition on Honoraria a. Earned Income Exception "Honorarium" does not include income earned for personal services if: • The services are provided in connection with an individual's business or the individual's practice of or employment in a bona fide business, trade, or profession, such as teaching, practicing law, medicine, insurance, real estate, banking, or building contracting; and • The services are customarily provided in connection with the business, trade, or profession. Regulation 18932. b. Informational Materials "Honorarium" does not include informational materials such as books, calendars, videotapes, or free or discounted admission to educational conferences that are provided to assist the official in the performance of official duties. Regulation 18932.4(a). c. family Payments "Honorarium" does not include a payment received from one's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin or the spouse of any such person. However, a payment from any such person is an honorarium if the donor is acting as an agent or intermediary for any person not listed in this paragraph. Regulation 18932.4(b). d. Campaign Contributions "Honorarium" does not include a campaign contribution that is required to be reported. Regulation 18932.4(c). Summory of Principal Conflicts of Interest Laws and Regulations CO 2018 Richards. Watson & Gershon 2178714 Page 63 Summory of the Major Provisions and Requirements of Principal Confbcts of Interest Laws and Regulations e. Personalized Plaque or Trophy "Honorarium" does not include a personalized plaque or trophy with an individual value of less than $250. Regulation 18932.4(d). f. Admission and Incidentals at Place of Speech "Honorarium" does not include free admission, refreshments and similar non-cash nominal benefits provided to an official during the entire event at which the official gives a speech, participates in a panel or seminar, or provides a similar service, and actual intrastate transportation and any necessary lodging and subsistence provided directly in connection with the speech, panel, seminar, or service, including but not limited to meals and beverages on the day of the activity. Regulation 18932.4(e). g• Incidentals at Private Conference Likewise, "honorarium" does not include any of the following items, when provided to an individual who attends any public or private conference, convention, meeting, social event, meal, or like gathering without providing any substantive service: • Benefits, other than cash, provided at the conference, convention, meeting, social event, meal, or gathering; or • Free admission and food or beverages provided at the conference, convention, meeting, social event, meal, or gathering. However, the foregoing may be reportable as gifts. Regulation 18932.4(f). h. Travel that Is Exempt from Gifts Any payment made for transportation, lodging, and subsistence that is exempt by the gift exceptions listed in Section 89506 and Regulation 18950 et seq. also does not constitute an honorarium. Regulation 18932.4(g). C. Prohibitions on Receipt of Certain Types of Loans 1. Prohibition on Loans Exceeding $250 from Other City Officials, Employees, Consultants and Contractors Elected officials and other city officials specified in Section 87200, including council members, may not receive a personal loan that exceeds $250 at any given time from an officer, employee, member or consultant of their city or any local government agency over which their city exercises direction and control. § 87460(a), (b). In addition, elected officials and other city officials specified in Section 87200 may not receive a personal loan that exceeds $250 at any given time from any individual or entity that has a contract with their city or any agency over which their city exercises direction and control. § 87460(c), (d). Summary of Principal Conflicts of Interest Laws and Regulations 0 2018 Richards. Watson & Gershon 2178714 Page 64 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 2. Requirement for Loans of $500 or More from Other Persons and Entities to Be in Writing Elected local officials may not receive a personal loan of $500 or more unless the loan is made in writing and clearly states the terms of the loan. The loan document must include the names of the parties to the loan agreement, as well as the date, amount, interest rate, and term of the loan. The loan document must also include the date or dates when payments are due and the amount of the payments. § 87461. 3. Exceptions to Loan Limits and Documentation Requirements The following loans are not subject to the limits and documentation requirements specified in paragraphs 1 and 2 above: • Loans received from banks or other financial institutions, and retail or credit card transactions, made in the normal course of business on terms available to members of the public without regard to official status. • Loans received by an elected officer's or candidate's campaign committee. • Loans received from the elected or appointed official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in- law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person unless he or she is acting as an agent or intermediary for another person not covered by this exemption. • Loans made, or offered in writing, prior to January 1, 1998. 4. Loans that Become Gifts are Subject to the Gift Prohibition Under the following circumstances, as stated in Government Code Section 87462, a personal loan received by any public official (elected and other officials specified in Section 87200, as well as any other local government official or employee required to file a Statement of Economic Interests) may become a gift and subject to gift and reporting limitations: • If the loan has a defined date or dates for repayment and has not been repaid, the loan will become a gift when the statute of limitations for filing an action for default has expired. • If the loan has no defined date or dates for repayment, the loan will become a gift if it remains unpaid when one year has elapsed from the later of: the date the loan was made; the date the last payment of $100 or more was made on the loan; or the date upon which the official has made payments aggregating to less than $250 during the previous 12 - month period. Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 65 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 5. Exceptions - Loans that Do Not Become Gifts The following loans will not become gifts to an official: • A loan made to an elected officer's or candidate's campaign committee. • A loan on which the creditor has taken reasonable action to collect the balance due. • A loan described above on which the creditor, based on reasonable business considerations, has not undertaken collection action. (However, except in a criminal action, the creditor has the burden of proving that the decision not to take collection action was based on reasonable business considerations.) • A loan made to an official who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. • A loan that would not be considered a gift as outlined in paragraph 3 above (e.g., loans from family members). § 87462. Summary of Principal Conflicts of Interest Lows and Regulations ® 2018 Richards. Watson & Gershon 2178714 Page 66 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations IV. PROHIBITION AGAINST MASS MAILINGS The Political Reform Act also prohibits the sending of newsletters and other so-called "mass mailings" at public expense. §§ 89001, 89002.'5 A "mass mailing" is defined as the mailing or distribution at public expense of 200 or more items within a calendar month featuring the name, office, photograph or other reference to an elected officer of the agency. § 82041.5. The Government Code also prohibits a mass mailing from being sent within the 60 days preceding an election by or on behalf of a candidate whose name appears on the ballot. § 89003. The underlying intent of the Government Code provision and the implementing FPPC Regulation is to preclude elected officials from using newsletters as indirect campaign flyers for themselves. The law and regulations are intended to clamp down on prior abuses of newsletters so that elected officials cannot use publicly funded newsletters to bolster their name or accomplishments while in office. A. Test for Prohibited Mass Mailing The FPPC regulations previously included a four prong test to determine the legality of mass mailings. Under the statutory text, which now incorporates the requirements from the prior regulation, a mass mailing is prohibited if each of the following elements is present: • it includes the delivery of a tangible item, • it "features" an elected officer, or includes a reference to. an elected officer and is sent in cooperation with the elected officer, • it is sent at public expense, • a quantity of more than 200 substantially similar items are sent in a single calendar month. § 89002. Most public agencies that publish newsletters attempt to avoid the prohibition by ensuring that the newsletter does not meet the second element of the test. Each of the four elements is discussed in numerical order below. 1. Delivery of Tangible Item First, a court will determine whether any "item sent is delivered, by any means, to the recipient at his or her residence, place of employment or business, or post office box. The item delivered to the recipient must be a tangible item, such as a videotape, record, or button, or a written document." § 89002(a)(1). This means that if a city intends to deliver a written document, such as a city newsletter, by U.S. mail or by hand to residents or businesses, this element is satisfied. 5 Section 89002 incorporates Regulation 18901 into the statutory language to clarify the circumstances when a mailing would be prohibited by the general rule in Section 89001 and to identify certain situations when the prohibition would not apply. The FPPC recently decided to repeal Regulation 18901 now that the statute includes the same text. Summary of Principal Conflicts of Interest Laws and Regulations 69 2018 Richards. Watson & Gershon 2178714 Page 67 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 2. Features or Includes Reference to an Elected Official The second part of the test is the most important and requires that the item sent either: • Features an elected officer affiliated with the agency which produces or sends the mailing, or • Includes the name, office, photograph, or other reference to an elected officer affiliated with the agency which produces or sends the mailing, and is prepared or sent in cooperation. consultation, coordination, or concert with the elected officer. § 89002(a) (2). The term "features an elected officer" is defined to mean that "the item mailed includes the elected officer's photograph or signature or singles out the elected officer by the manner of display of his or her name or office in the layout of the document, such as by headlines, captions, type size, type face, or type color." § 89002(c) (2). And the term "elected officer affiliated with the agency" in this manner means "an elected officer who is a member, officer, or employee of the agency, or of a subunit thereof such as a committee, or who has supervisory control over the agency or appoints one or more members of the agency." § 89002(c)(1). This means that if the written document includes the photograph of a council member, even if it just shows the council member cutting a ribbon on a civic project or giving out a plaque to a member of the community, this element would be satisfied. It also precludes articles about an elected city official or articles in which they are "singled out" for discussion or reference. The other way this second part of the mass mailing test can be satisfied is if an elected city official's "name, office, photograph, or other reference" is included in a written document and the document, or any part of it "is prepared or sent in cooperation, consultation, coordination, or concert with the elected officer." This restriction presents elected officials with a choice. If the elected official involves him or herself in the preparation of the document, then even the official's name is excluded from appearing in the document pursuant to this second subpart. If, on the other hand, the elected official does not involve him- or herself in the preparation of the document, his or her name may appear in the document, but not in a way that it is "featured" by way of headlines, captions, type size, type face, or type color. 3. Public Expense The third part of the test is whether: • Any of the costs of distribution are paid for with public money; or • Costs of design, production, and printing exceeding $50 are paid with public money, and the design, production, or printing is done with the intent of sending the item other than as permitted by the statute. Summary of Principal Conflicts of Interest laws and Regulations 2018 Richards, Watson & Gershon 2178714 Page 68 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations § 89002(0)(3). This part of the test precludes the city from either paying the costs of mailing a mass mailing, or paying more than $50 of the cost of having it produced if another person or entity pays for the cost of distributing the mailing. 4. More than 200 Copies of the Item The fourth and final element of the test to determine whether a mass mailing is prohibited is whether "[mlore than 200 substantially similar items are sent in a single calendar month, excluding any item sert in response to an unsolicited request..." § 89002(a)(4). This means that if more than 200 copies of the same written document, such as a city newsletter, are sent to the public in the same month, this element will be satisfied, with minor exceptions discussed below. A city newsletter is particularly prone to violating the mass mailing proscriptions, especially the first, third and fourth elements of the test. The key to a lawful newsletter is to ensure that each issue of the newsletter fully avoids meeting the criteria of the second element of the test. This means that the newsletter cannot "feature" an elected city official and cannot include an elected official's name or reference if that official participates in the preparation of the newsletter, as discussed above. For example, many cities issue proclamations and awards at council meetings, and it is customary for an honoree to be photographed with the mayor. In order to comply with the mass mailing restrictions, the cities take two photographs: one of the honoree shaking the mayor's hand, for distribution to non -city publications such as a local newspaper, and one of the honoree standing alone, for publication in the city newsletter. B. Exceptions to the Mass Mailing Prohibition The statute now contains a list of certain types of documents that are exempt from the prohibition of mass mailings. The first of these documents is a letter on city letterhead where the elected official's name only appears in the letterhead along with a list of all other elected officers of the city and the letter does not contain other references to the elected official. § 89002(b)(1). Under this exemption, a non -elected official, such as the city manager, may send a letter on city letterhead at city expense to members of the community but an elected officer, such as the mayor. cannot do the same because the signature on the letter will be considered a separate reference to the elected official. If a letter signed by the mayor is to be sent to the community, a private individual or group would have to pay for the cost of producing and sending that letter. Other exemptions include press releases to the media, inter -agency communications, intra -agency communications, tax statements and bills, telephone directories, limited meeting or event announcements, and meeting agendas. § 89002(b). All of these items are subject to their own specific limitations, as set forth in the statutory text. Summary of Principal Conflicts of Interest Laws and Regulations Cil 2018 Richards. Watson & Gershon 2178714 Page 69 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations V. EXPENDITURES TO SUPPORT OR DEFEAT A BALLOT MEASURE A local government may not spend public funds to assist with the passage or defeat of an initiative or other ballot measure or to contribute to a campaign for or against a candidate. § 54964. Public monies may not be spent on commercials, announcements, banners or any other promotional materials. This is based on the theory that it would be unfair to voters with opposing views to use public funds in this way. The prohibition also serves to prevent elected officials from using government funds to promote themselves or their allies in office. Stanson v. Mott, 17 Cal. 3d 206, 217 (1976); League of Women Voters v. County -Wide Criminal Justice Coordinating Comm'n, 203 Cal. App. 3d 529 (1988). However, this section does not prohibit the expenditure of city funds to provide information to the public about the possible effects of the ballot measure on the activities, operations, or policies of the city, as long as these activities are otherwise allowed under California law, and the information is factual, accurate, fair, and impartial. § 54964(c). The leading California case setting forth the basic rule with respect to government involvement in political campaigns is Stanson v. Mott, 17 Cal. 3d 206 (1976). In Stanson, the California Supreme Court addressed the question of whether the State Director of Beaches and Parks was authorized to expend public funds in support of certain state bond measures for the enhancement of state and local recreational facilities. The court concluded that the Director lacked such authority and set forth the basic rule that "in the absence of clear and explicit legislative authorization, a public agency may not expend public funds to promote a partisan position in an election campaign." Only impartial "informational" communications would be permissible, such as a fair presentation of the facts in response to a citizen's request for information. The Stanson Court also recognized that the line between improper "campaign" expenditures and proper "informational" activities is not always clear. "[T]he determination of the propriety or impropriety of the expenditure depends upon a careful consideration of such factors as the style, tenor and timing of the publication; no hard and fast rule governs every case." Id. at 221-22. The Stanson test was recently reaffirmed by the California Supreme Court in Vargas v. City of Salinas, 46 Cal. 4th 1 (2009) . Prior to Vargas, courts attempting to interpret and apply Stanson used varying tests to determine the permissibility of expenditures. For example, in California Common Cause v. Duffy, an appellate court held that a local sheriff's use of public facilities and personnel to distribute postcards critical of then -Supreme Court Justice Rose Bird was "political" and not "informational" as permitted by Stanson because the cards presented only one side of Justice Bird's fitness to be retained in office. 200 Cal. App. 3d 730, 746-747 (1987). In another appellate decision, Schroeder v. City Council of Irvine, another court of appeal upheld Irvine's "Vote 2000" Program. 97 Cal. App. 4th 174 (2002). The program encouraged voter registration, without specifically advocating a particular position on any measure. Although the city had taken a public position in Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson 8 Gershon 2178714 Page 70 Summary of the Major Provisions and Requirements of Principul Conflicts of Interest Laws and Regulations favor of the proposed ballot measure, the materials it distributed did not advocate any particular vote on the measure and rarely mentioned the measure at all. The Schroeder court held that the funds spent on the Vote 2000 program would be political expenditures and unlawful under Stanson only if the communications expressly advocated, or taken as a whole unambiguously urged, the passage or defeat of the measure. Because the city presented a neutral position on "Measure F," at least in the campaign materials, the court upheld the program as valid. However, in Vargas v. City of Salinas, the California Supreme Court decided that "express advocacy" is an insufficient standard. In Vargas, proponents of a local ballot initiative to repeal the city's utility users tax ("Measure 0') sued the city alleging improper government expenditures, the court held that even if a communication does not expressly advocate for either side of an issue, a Stanson analysis must nonetheless be conducted to determine whether the activity was for informational or campaigning purposes based on its style, tenor, and timing. Although the court did not specifically refer to the Schroeder analysis in its opinion, the court clearly stated that the "express advocacy" standard does not meaningfully address potential constitutional problems arising from the use of public funds for campaign activities that were identified in Stanson. Thus, local governments must look to Vargas rather than Schroeder for the proper standard to evaluate whether an expenditure is permissible. A variety of factors led to the Vargas court's conclusion that the communications were informational, including the fact that the publications avoided argumentative or inflammatory rhetoric and did not urge citizens to vote in a particular manner. The challenged expenditures were made pursuant to general appropriations in the city's regular annual budget pertaining to the maintenance of the city's website, the publication of the city's regular quarterly newsletter, and the ordinary provision of information to the public regarding the city's operations. The Supreme Court found that in posting on the city's website the minutes of city council meetings relating to the council's action along with reports prepared by various municipal departments and presented by officials at city council meetings, the city engaged in informational rather than campaign activity. Similarly, the city did not engage in campaign activity in producing a one-page document listing the program reductions that the city council voted to implement should Measure 0 be approved, or in making copies of the document available to the public at the city clerk's office and public libraries. The court reasoned that viewed from the perspective of an objective observer, the document dearly constituted an informational statement that merely advised the public of specific plans that the city council voted to implement should Measure 0 be approved. Finally, the court found that the city engaged in permissible informational activity by mailing to city residents the fall 2002 "City Round -Up" newsletter containing articles describing proposed reductions in city services. Although under some circumstances the mailing of material relating to a ballot measure to a large number of voters shortly before an upcoming election would constitute campaign activity, a number of factors supported the court's conclusion that the mailing of the newsletter constituted informational rather than campaign activity: it was a regular edition of the newsletter that was mailed to all city residents as a general practice, the style and tenor of the Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards. Watson & Gershon 2178714 Page 71 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Lows and Regulations publication was entirely consistent with an ordinary municipal newsletter and readily distinguishable from traditional campaign material, and the article provided residents with important information about the tax in an objective and nonpartisan manner. The Supreme Court illustrated the insufficiency of the "express advocacy" standard by suggesting that if the city were to post billboards throughout the city prior to an election stating, "IF MEASURE 0 IS APPROVED, SIX RECREATION CENTERS, THE MUNICIPAL POOL, AND TWO LIBRARIES WILL CLOSE," it would defy common sense to suggest that the city had not engaged in campaign activity even though such advertisements would not have violated the express advocacy standard. Vargas and Stanson reflect that local agencies must exercise caution when communicating to voters about local measures. Unfortunately, there is no hard and fast rule to assist public officials in distinguishing improper partisan campaign expenditures from permissible expenditures for "informational activities." Whether a communication is permissible will be based on a combination of these factors, and public officials should therefore seek the advice of the city attorney on a case-by-case basis. Assistance may also be obtained from the FPPC. Last, public officials should also be aware of a fairly new mass mailing rule that regulates communications pertaining to candidates and ballot measures. In 2009, the FPPC adopted a new regulation to prohibit government agencies from paying for mass mailings that expressly advocate or "unambiguously urge" a particular result in an election. Regulation 18901.1 prohibits a mailing if all of the following criteria are met: • A delivery of a tangible item such as a written document, video tape, record, or button and is delivered to the recipient at his or her residence, place of employment or business, or post office box; • The item sent expressly advocates or unambiguously urges a particular result in an election; • The public agency (1 ) pays to distribute the item or (2) pays costs, exceeding $50, reasonably related to designing, producing, printing or formulating the content of the item including, but not limited to payments for polling or research and payments for the salary, expenses, or fees of the agency's employees, agents, vendors, or consultants with the intention of sending the item; and • More than 200 substantially similar items are sent during the course of the election including items sent during the qualification drive or in anticipation of an upcoming election. A mailing "unambiguously urges a particular result in an election" if the communication can be reasonably characterized as campaign material or activity and is not a fair presentation of facts serving only an informational purpose when taking into account the style, tenor, and timing of the communication. Summary of Principal Conflicts of Interest Laws and Regulations fl 2018 Richards Watson & Gershon 2178714 Page 72 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations There are exceptions to this rule, and the following are not considered campaign related mass mailings: (1) an agency report providing the agency's internal evaluation of a measure sent to a member of the public upon the individual's request; (2) a written argument sent to a voter in the voter information pamphlet; and (3) a communication clearly and unambiguously authorized by law. Essentially, this regulation utilizes the standards articulated by the Supreme Court in the Vargas case and provides that communications that violate those standards ore prohibited mass mailings. Summary of Principal Conflicts of Interest Laws and Regulations ® 2018 Richards, Watson S. Gershon 2178714 Page 73 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations VI. PROHIBITION ON GIFTS OF PUBLIC FUNDS Article XVI, Section 6 of the California Constitution prohibits state and local governments from making gifts of public funds or property. A transfer of property without consideration is a gift. Civ. Code § 1146. However, where property is transferred for a "public purpose" it will not be considered a gift of public funds. There, "[t]he benefit to the government from an expenditure for a 'public purpose' is in the nature of consideration and funds expended are therefore not a gift even though private persons are benefited therefrom." 69 Ops. Cal. Att'y Gen. 168 (1986) (citing California Employment Stabilization Comm'n v. Payne, 31 Cal. 2d 210, 216 (1947); Alameda County v. Janssen, 16 Cal. 2d 276, 281 (1940)). In determining whether a legislative body has made a gift of public funds, courts will look first at "whether the money is to be used for a public or private purpose." Oakland v. Garrison, 194 Cal. 298, 302 (1941). "If it is for a public purpose within the jurisdiction of the appropriating board or body, it is not, generally speaking, to be regarded as a gift." Id. As the California Court of Appeal explained in Board of Supervisors v. Dolan, lilt is settled that if a public purpose is served by the expenditure of public funds, the constitutional prohibition is not violated even though there may be incidental benefits to private persons." 45 Cal. App. 3d 237, 243 (1975). However, to avoid violating the constitutional prohibition, public financial assistance must be tailored or "directly related" to a public purpose. California Housing Finance Authority v. Elliott, 17 Cal. 3d 575 (1976). Thus, financial assistance that does not directly further the proffered public purpose may still be found to be unconstitutional. Courts defer to the legislative body's determination of what constitutes a "public purpose." The concept of public purpose has been "liberally construed by the courts," and a city council's determination of public purpose will be upheld unless it is "totally arbitrary." County of Alameda v. Carleson, 5 Cal. 3d 730, 746 (1971). Where a city acts pursuant to a state statute or in furtherance of a state statute, courts will defer to the state legislature in determining whether a public purpose exists. Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Page 74 <t n r,(vi of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations VII. CONCLUSION More often than not, determining the application of conflicts of interest laws in particular circumstances requires complicated analysis. Because the consequences for a violation of these laws can be very serious, it is important that potential conflicts be identified as soon as possible to ensure that the appropriate analysis can be performed. To that end, we recommend that public agency staff prepare 500 feet radius maps of council member residences (and those of other public officials, such as planning commissioners) so that such officials may be alerted to projects that are located within 500 feet of their residence. Even though the materiality standards for real property interests have changed over the years, this is still an important starting point for a conflicts analysis. We encourage all public officials to keep in mind that it is the individual responsibility of each public official to determine whether he or she has a conflict in a particular decision. We encourage officials and staff to seek advice from the city attorney when in doubt about a conflicts of interest issue. Because only a formal, written opinion from the FPPC can immunize someone from prosecution, we strongly encourage officials and staff to seek advice from the city attorney as early as possible, so that, if necessary, the public agency may request a formal opinion from the FPPC prior to any participation in a decision where a public official may have a conflict. In addition, the Legislature has enacted a statute that requires public officials to take at least two hours of ethics training every two years if the local agency provides that official with any type of compensation, salary or stipend or provides reimbursement for necessary and reasonable expenses incurred by that official in the performance of their official duties. § 53235(a). Ethics training would also be required of any employee designated by the local agency to receive such training. § 53234(c). Please seek advice from the city attorney regarding further details about ethics training. Summary of Principal Conflicts of Interest Laws and Regulations © 2018 Richards, Watson & Gershon 2178714 Puge 75 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los AngeieL, San Francisco, Orange County, Temecula, and the Central Coast our dedicated team of experts provides the full -scope of public law services. We are the lowyers at choice for clients who seek reliable efficient and effective legal counsel. Richards. Watson & Gershon serves as city/town 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 substantal 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 ANGELES 5. Grand Avenu€ Floor s Angeles. CA 90071 N FRANCISCO Montgomery Street Ile 3800 Francisco. CA 94104 RANGE COUNTY Civic Center Circle O. Box 1059 ea. CA 92822 MEC ULA 1000 Main Street ite 309 mecuia. CA 92590 ENTRAL COAST t Monterey Street ire 201 Luis Obispo. CA 93401 •nce 1954 1 rwglaw.com Elections Eminent Domain Environment 3 Notural 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 Stormwoter Compliance Water Rights & Water Law SECTION 8 Brown Act p HANDBOOK (11N1 Summaryof 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, 2018 RICHARDS WATSON GERSHON Table of Contents INTRODUCTION ii SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWN ACT 1 APPLICATION OF BROWN ACT TO "LEGISLATIVE BODIES" 1 II. DEFINITION OF "MEETING" 2 III. EXCEPTIONS TO MEETING REQUIREMENT 2 A. The Individual Contact Exception 3 B. The Seminar or Conference Exception 3 C. The Community Meeting Exception 3 D. The Other Legislative Body Exception 3 E. The Social or Ceremonial Occasion Exception 4 F. The Standing Committee Exception 4 IV. PERMITTED LOCATIONS OF MEETINGS AND TELECONFERENCING 4 V. ADA COMPLIANCE 5 VL SIMULTANEOUS OR SUCCESSIVE MEETINGS 5 VII. SERIAL MEETINGS 5 A. Contacts with Staff 6 B. Contacts with Constituents, Developers and Lobbyists 7 C. Contacts with Fellow Members of the Same Legislative Body 7 VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS 8 A. Time of Notice and Content of Agenda 8 B. Action and Discussion on Non -agenda Items 10 C. Reporting of Actions 12 IX. PUBLIC PARTICIPATION 12 A. Regular Meetings 12 B. Public Comments at Special Meetings 13 C. Limitations on the Length and Content of Public Comments 13 D. Additional Rights of the Public 14 X. CLOSED SESSIONS 15 XI. ENFORCEMENT 16 XII. CONCLUSION 18 The Ralph M. Brown Act 19 Ralph M. Brown Act © 2018 Richards. Watson & Gershon 2178711 Pagel 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 © 2018 Richards. Watson & Gershon 2178711 Page ii Summary of the Major Provisions and Requirements of the Ralph M. Brown Act IIRWG Ralph M. Brown Act CO 2018 Richards. Watson & Gershon 2178711 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 paper briefly summarizes and discusses the major provisions of the Brown Act. I. APPLICATION OF BROWN ACT TO "LEGISLATIVE BODIES" The requirements of the Brown Act apply to "legislative bodies" of local governmental agencies. The term "legislative body" is defined to include the governing body of a local agency (e.g., the city council or the board of supervisors) and any commission, committee, board, or other body of the local agency, whether permanent or temporary, decision making or advisory, that is created by formal action of a legislative body. § 54952(a) -(b). Standing committees of a legislative body, that have either "continuing subject matter jurisdiction" or a meeting schedule fixed by formal action of the legislative body, ore also subject to the requirements of the Brown Act. Some common examples include the finance, personnel, or similar policy subcommittees of a legislative body. Standing committees exist to make routine, regular recommendations on a specific subject matter. These committees continue to exist over time and survive resolution of any one issue or matter. They are also a regular part of the governmental structure. The Brown Act does not apply to "ad hoc" committees comprised solely of members of the legislative body that are less than a quorum of the body, provided these committees do not have a "continuing subject matter jurisdiction," or a meeting schedule fixed by formal action of the legislative body. Such ad hoc committees are purely advisory; they generally serve only a limited or single purpose, are not perpetual, and are dissolved when their specific task is completed. Advisory and standing committees, but not ad hoc committees, are required to have agendas, and to have their agendas posted at least 72 hours in advance of their meetings. If this is done, the meeting is considered to be a regular meeting for all purposes. If the agenda is not posted at least 72 hours in advance, the meeting must be treated as a special meeting, and all of the limitations and requirements for special meetings apply, as discussed later. Ralph M, Brown Act ® 2018 Richards, Watson & Gershon 2178711 Page 1 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). 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, city council members and members of county boards of supervisors. II. DEFINITION OF "MEETING" The central provision of the Brown Act requires that all "meetings" of a legislative body be open and public. The Brown Act defines the term "meeting" very broadly, § 54952.2, and encompasses almost every gathering of a majority of legislative body members, including: Any congregation of a majority of the members of a legislative body at the same time and location ... to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body. In plain English, this definition means that a meeting is any gathering of a majority of council members, board of directors, or other applicable legislative body, to hear, discuss or deliberate any item of local agency business or potential local agency business. 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 be participating in a meeting within the meaning of the Brown Act that requires notice, an agenda, and a period for public comment. Ralph M. Brown Act © 2018 Richords, Watson & Gershon 2178711 Page 2 Summary of the Major Provisions of the Ralph M. Brown Act A. The individual Contact Exception Conversations, whether in person, by telephone or other means, between a member of a legislative body and any other person do not constitute a meeting under the Brown Act. § 54952.2(c) (1). However, such contacts may constitute a "serial meeting" (discussed below) in violation of the Brown Act, if the individual 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." 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). Of course, the legislative body members are prohibited from discussing items of business of their local agency among themselves other than as part of the scheduled meeting. Ralph M. Brown Act © 2018 Richards. Watson B Gershon 2178711 Page 3 Summary of the Major Provisions of the Ralph M Brown Act E. The Social or Ceremonial Occasion Exception As has always been the case, the Browr 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 The Brown Act generally requires all meetirgs of a legislative body to occur within the boundaries of the local agency. § 54954(b). There are exceptions to this rule, however, such as allowing meetings with a legislative body of another local agency in that agency's jurisdiction. Meetings held outside of a local agency's boundaries pursuant to an exception still must comply with agenda and notice requirements, as discussed below. "Teleconferencing" may be used by members of a legislative body as a way to participate fully in the meeting from remote locations. § 54953(b). If a member participates in a meeting via teleconferencing, the following requirements apply: (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. The teleconferencing rules only apply to members of the legislative body. Staff members, attorneys, or consultants may participate remotely without following the posting and public access requirements of the teleconferencing rules. Ralph M. Brown Act 2018 Richards. Watson & Gershon 2178711 Page 4 Summary of the Maior Provisions of the Ralph M. Brown Act V. ADA COMPLIANCE Pursuant to Section 54953.2, all meetings of a legislative body, other than closed session meetings or parts of meetings involving a closed session, are required to be held in a location and conducted in a manner that complies with the Americans with Disabilities Act of 1990. In addition, if requested, the agenda and documents in the agenda packet shall be made available in alternative formats to persons with a disability. § 54954.1. The agenda shall include information regarding how, to whom, and when a request for disability -related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the meeting. § 54954.2. VI. SIMULTANEOUS OR SUCCESSIVE MEETINGS A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or successively, only if a clerk or a member of the convened legislative body announces the following prior convening the simultaneous or successive meeting: 1) There is u subsequent legislalive body; 2) The compensation or stipend, if any, each member may receive as a result of the multiple meetings; and 3) The form of that compensation or stipend will be provided. The compensation and stipend is not required to be announced if it is listed in a statute without additional compensation authorized by the local agency, and in any case, the announced compensation must not incude amounts reimbursed for actual and necessary expenses incurred by a member in the performance of his or her official duties. § 54952.3. VII. SERIAL MEETINGS In addition to regulating all gatherings of a majority of the members of a legislative body, the Brown Act also addresses certain contacts between individual members of the legislative body. On the one hand, the Brown Act specifically provides that nothing in the Act is intended to impose requirements on individual contacts or conversations between a member of a legislative body and any other person. § 54952.2(c) (1). This provision even applies to individual contacts between two members of the legislative body (the individual contact exception to the "meeting" described above). Despite this exception, however, the Brown Act prohibits 'serial meetings.' § 54952.2(b) (1). Ralph M. Brown Act ® 2018 Richards, Watson & Gershon 2178711 Page 5 Summary of the Major Provisions of the Ralph M. Brown Act A serial meeting is a series of meetings or communications, either in person or by other means, between individual members of the legislative body in which ideas are exchanged among a majority of a legislative body. A serial meeting can occur even though a majority of legislative body members never gather in a room at the same time, and it 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 ("I've talked to members A and B and they will vote 'yes.' Will you?"). Alternatively, member A calls member B. who then calls member C, and so on, until a majority of the legislative body has discussed or deliberated or has taken action on the item of business. The prohibition against serial meetings does not, however, prohibit communications between staff and legislative body members for the purpose of answering questions or providing information regarding a matter that is within the subject matter jurisdiction of the local agency, as long as the staff person does not communicate, with other members of the legislative body, the comments or positions of any other member of the legislative body. § 54952.2(b)(2). Observing the following guidelines can avoid inadvertent violation of the serial meeting rule. A. Contacts with Staff Staff can inaavertently become a conduit among a majority of a legislative body in the course of providing briefings on items of local agency business. Originally, the California Court of Appeal, held that staff briefings of individual city council members do not constitute an illegal serial meeting under the Brown Act unless there was additional evidence that: (1) staff acted as a personal intermediary for other members of the legislative body; and (2) the meetings led to a collective concurrence among members of the legislative body. Following that decision, the state legislature amended Government Code Section 54952.2 in 2008, effective in 2009, to further clarify that staff briefings of individual city council members for the purpose of answering questions or providing information regarding an item of business do not constitute an illegal serial meeting under the Brown Act as long as a staff person does not communicate the comments or positions of a member of the legislative body to other members. Staff briefings must therefore be handled carefully. To avoid having a staff briefing become a serial meeting: • Staff briefings of members of the legislative body should be "unidirectional" when done on an individual basis for a majority of the legislative body. This means that information should flow from staff to the member, and the member's participation should be limited to asking questions and acquiring information. Otherwise, if multiple members separately give staff direction thereby causing staff to shape or modify their ultimate recommendations in order to reconcile the views of a majority of the members, a violation might occur. • A legislative body member should not ask staff to describe the views of any other members of the legislative body, and staff should not volunteer those views if known. Ralph M. Brown Act ® 2018 Richards. Watson & Gershon 2178711 Page 6 Summary of the Major Provisions of the Ralph M. Brown Act • Staff may present their views to a legislative body member during an individual contact, but staff should not ask for that member's views unless it is absolutely clear that staff is not discussing the matter with 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 persons' unfamiliarity with the requirements of the Brown Act aggravate this potential problem because they may expect a legislative body member to be willing to commit to a position in a private conversation in advance of a meeting. To avoid violations arising from contacts with constituents, developers and lobbyists: • State the ground rules "up front." Ask if the person has talked, or intends to talk, with other members of the legislative body about the same subject. If the answer is "yes," then make it clear that the person should not disclose the views of other legislative body member(s) during the conversation. • Explain to the person that you will not make a final decision on 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. 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, e-mail with or to staff members - are the most obvious means by which an illegal serial meeting can occur. This is not to say that a member of a legislative body is precluded from discussing items of local agency business with another member of that legislative body outside of a meeting; as long as the communication does not involve a majority of the legislative body, no "meeting" has occurred. There is, however, always the risk that one participant in the communication will disclose the views 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. Ralph M. Brown Act ® 2018 Richards, Watson & Gershon 21/8711 Page 7 Summary of the Major Provisions of the Ralph M. Brown Act These suggested rules of conduct may seem unduly restrictive and impractical, and may make acquisition of important information more difficult or time-consuming. Nevertheless, following them will help assure that your conduct comports with the Brown Act's goal of achieving open government. If you have questions about compliance with the Act in any given situation, you should seek advice from your city attorney. Adherence to the foregoing guidelines is not a substitute for securing advice from your legal counsel. VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS A. Time of Notice and Content of Agenda Two key provisions of the Brown Act which ensure the public's business is conducted openly are the requirements that legislative bodies publicly post agendas prior to their meetings, (§§ 54954.2, 54955, 54956, and 54957.5) and that no action or discussion may occur on items or subjects not listed on the posted agenda (§ 54954.2). The limited exceptions to the rule against discussing or taking action not on a posted agenda are discussed further below. Legislative bodies, except advisory committees and standing committees, are required to establish a time and place for holding regular meetings. § 54954(a). A "regular" meeting is a meeting that occurs on the legislative body's established meeting day. Agendas for a regular meeting must be publicly posted 72 hours in advance of the meeting in a place that is freely accessible to the public. Agendas must contain a brief general description of each item of business to be transacted or discussed at the meeting. § 54954.2(a). The description should inform the public of the "essential nature" of the matter, but need not exceed 20 words. San Diegans for Open Government v. City of Oceanside, 209 Cal. Rptr. 3d 305, 310 (Ct. App. 2016), as modified (Nov. 7, 2016). Courts will uphold a challenge to the sufficiency of an agenda item description when the description provides fair notice of what the agency will consider. The San Diegans for Open Government case provides an example of a sufficient agenda description that provides fair notice. In San Diegans for Open Government, the Oceanside City Council approved a subsidy agreement with a hotel developer using the following agenda item description: Adoption of a resolution to approve: 1. An Agreement Regarding Real Property (Use Restrictions) between the City of Oceanside and SD Malkin Properties Inc. to guarantee development and use of the property as a full service resort consistent with the entitlements for the project; 2. An Agreement Regarding Real Property to provide a mechanism to share Transit Occupancy Tax (TOT) generated by the Project; 3. A Grant of Easement to permit construction of a subterranean parking garage under Mission Avenue; 4. A report required by AB 562 prepared by Paul Marra of Keyser Marston and Ralph M. Brown Act 2018 Richards. Watson & Gershon 2178711 Page 8 Summary of the Major Provisions of the Ralph M. Brown Act 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, No. E063721, 2017 WL 56338 (Cal. Ct. App. Jan. 5, 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 "jpjrovide 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 hat 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. Agendas must also be posted on the local cgency'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 recently 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. 16 Cal. Daily Op. Serv. 937 (Jan. 19, 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 Ralph M. Brown Act 2018 Richards. Watson & Gershon 2178711 Page 9 Summary of the Major Provisions of the Ralph M. Brown Act "reasonably effective efforts" (such as making the agenda available on social media or some other alternative website) to notify the public of the meeting. Please note that the adoption of a CEQA document, such as an environmental impact report or a negative declaration, by a Planning Commission or a City Council is a distinct item of business separate from the item approving the project and must be expressly described in an agenda. A "special" meeting is a meeting that is held at a time or place other than the time and place established for regular meetings. For special meetings, the "call and notice" of the meeting and the agenda must be posted, including in some cases on the local agency's website, at least 24 hours prior to the meeting. § 54956. Additionally, each member of the legislative body must personally receive written notice of the special meeting either by personal delivery or by "any other means" (such as facsimile, e-mail or U.S. mail) at least 24 hours before the time of the special meeting, unless they have previously waived receipt of written notice. Members of the press (including radio and television stations) and other members of the public can also request written notice of special meetings and, if they have, then that notice must be given at the same time notice is provided to members of the legislative body. An "emergency" meeting may be called to address certain emergencies, such as a terrorist act or crippling disaster, without complying with the 24-hour notice requirement. Certain requirements apply for notifying the press and for conducting closed sessions as part of those meetings, and except as specified, all other rules governing special meetings apply. § 54956.5. Both regular and special meetings may be adjourned to another time. Notices of adjourned meetings must be posted on the door of the meeting chambers where the meeting occurred within 24 hours after the meeting is adjourned. § 54955. If the adjourned meeting occurs more than five days after the prior meeting, a new agenda for that adjourned meeting must be posted 72 hours in advance of the adjourned meeting. § 54954.2(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 Iarer than the time the agenda is posted or is delivered to the members of the body, whichever is earlier. A local agency may charge a fee to recover its costs of copying and mailing. Any person may make a standing request to receive these materials, in which event the request must be renewed annually. Failure by any 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. Ralph M. Brown Act 19 2018 Richards, Watson & Gershon 2178711 Page 10 Summary of the Major Provisions of the Ralph M. Brown Act As a general rule, a legislative body may not act on or discuss any item that does not appear on the agenda posted for a regular meeting. § 54954.2. This rule does not, however, preclude a legislative body from acting on a non -agenda item that comes to the local agency's attention subsequent to the agenda posting which requires immediate action. In order to utilize this exception, the legislative body must make findings of both components of the exception by a two-thirds vote of those present (by unanimous vote if less than two-thirds of the body is present). This means that if four members of a five -member body are present. three votes are required to add the item; if only three are present, a unanimous vote is required. In addition, an item not appearing on an agenda may be added if the legislative body determines by a majority vote that an emergency situation exists. For purposes of this exception, the term "emergency situation" refers to work stoppages or crippling disasters that severely impair public health, safety, or both. Notwithstanding the two general exceptions set forth above, a legislative body may also discuss non -agenda items at a regular meeting under the following five additional exceptions: • Members of the legislative body or staff may briefly respond to statements made or questions posed by persons during public comment periods; • Members of the legislative body or staff may ask a question for clarification, make a brief announcement or make a brief report on their own activities; • Members of the legislative body may, subject to the procedural rules of the body, provide a reference to staff or other resources for factual information; • Members of the legislative body may, subject to the procedural rules of the body, request staff to report back to the legislative body at a subsequent meeting concerning any matter; and • Members of the legislative body may, subject to the procedural rules of the body, take action to direct staff to place a matter of business on a future agenda. Therefore, spending a few minutes to discuss whether a matter should be placed on a future agenda or asking staff procedural questions is permissible. Cruz v. City of Culver City, 2 Cal.App.5th 239 (2016). The legislative body may not, however, discuss non - agenda items to any significant degree. This means there should not be long or wide- ranging question and answer sessions on non -agenda items between the legislative body and the public, or between the legislative body and staff. It is important to follow these exceptions carefully and construe them narrowly to avoid tainting an important and complex action by a non-agendized discussion of the item. The Brown Act contains even more stringent regulations to restrict action on and discussion of non -agenda items at special meetings. In particular, the statute mandates that only business that is specified in the "call and notice" of the special meeting may be Ralph M. Brown Act CO 2018 Richards Watson & Gershon 2178711 Page 1 i Summary of the Major Provisions of the Ralph M. Brown Act considered by the legislative body. § 54956. Notwithstanding, a special meeting may not be called to discuss compensation of a local agency executive. § 54956(b). C. Reporting of Actions The Brown Act mandates the public reporting of individual votes or abstentions by members of legislative bodies on any given motion or action. This requirement may be satisfied in most situations by reporting the individual vote or abstention of each member in the minutes of a meeting. § 54953. As of January 1, 2017, the Brown Act also requires that the legislative body orally report a summary of recommendations made with respect to the salary, salary schedule, or compensation paid to a local agency executive. The legislative body must issue the report at the same meeting in which the final action on compensation is being considered. § 54953(c). IX. PUBLIC PARTICIPATION A. Regular Meetings The Brown Act mandates that every agenda for a regular meeting provide an opportunity for members of the public to directly address the legislative body on any matter that is within the subject matter jurisdiction of the legislative body. § 54954.3(a). In addition, the Brown Act requires the legislative body to allow members of the public to comment on any item on the agenda either before or during the body's consideration of that item. § 54954.3(a). Some local agencies accomplish both requirements by placing a general audience comment period at the beginning of the agenda where the public can comment on both agenda and non -agenda items. Others provide public comment periods as each item or group of items comes up on the agenda, and then leaves the general public comment period to the end of the agenda. Either method is permissible, though public comment on public hearing items must be taken during the hearing. The Brown Act allows a legislative body to preclude public comments on an agenda item in one situation - where the item was considered by a committee, composed solely of members of the body, that held a meeting where public comments on that item were allowed. So, if the legislative body has standing committees (which are required to have agendized and open meetings with an opportunity for the public to comment on agenda items), and the committee has previously considered an item, then at the time the item comes before the full legislative body. the body may choose not to take additional public comments on that item. However, if the version presented to the full 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. Ralph M. Brown Act ® 2018 Richards. Watson 8 Gershon 2178711 Page 17 Summary of the Major Provisions of the Ralph M. Brown Aci 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. C. Limitations on the Length and Content of Public Comments A legislative body may adopt reasonable regulations limiting the total amount of time allocated to each person for public testimony. Typical time limits restrict speakers to three or five minutes. If an individual utilizes a translator to give testimony and simultaneous translation equipment is not used, the legislative body must allot at least twice the standard amount of time to the speaker. A legislative body may also adopt reasonable regulations limiting the total amount of time allocated for public testimony on legislative matters, such as a zoning ordinance or other regulatory ordinance. § 54954.3(b). However, setting total time limits per item for any quasi-judicial matter, such as a conditional use permit application, is not recommended because the time restriction could violate the due process rights of those who were not able to speak to the body during the time allotted. The Brown Act precludes a legislative body from prohibiting public criticism of the policies, procedures, programs, or services of the local agency or the acts or omissions of the body. § 54954.3(c). This restriction does not mean that a member of the public may say anything during public testimony. If the topic of the public's comments falls outside the subject matter jurisdiction of the local agency, the legislative body may stop a speaker's comments. A legislative body also may adopt reasonable rules of decorum that preclude a speaker from disrupting, disturbing or otherwise impeding the orderly conduct of its meetings. § 54954.3(b). The right to publicly criticize a public official does not include the right to slander that official, though the line between criticism and slander is often difficult to determine in the heat of the moment. Care must be given to avoid violating the free speech rights of speakers by suppressing opinions relevant to the business of the legislative body. Finally, in some circumstances, the use of profanity may serve as a basis for stopping a speaker. It will depend, however, upon what profane words or comments are made and the context of those comments. Therefore, no one should be ruled out of order for profanity unless the language both is truly objectionable and causes a disturbance or disruption in the proceeding. Ralph M. Brown Act UJ 2018 Richards. Watson & Gershon 2178711 Page 13 Summary of the Major Provisions of the Ralph M. Brown Act D. Additional Rights of the Public The Brown Act grants the public the right to videotape or broadcast a public meeting, as well as the right to make a motion picture or still camera record of such meeting. § 54953.5(a). A legislative body may prohibit or limit recording of a meeting, however, if the body finds that the recording cannot continue without noise, illumination, or view obstruction that constitutes, or would constitute, a disruption of the proceedings. § 54953.6. Any audio or videotape record of an open and public meeting that is made, for whatever purpose, by or at the direction of the local agency is a public record and is subject to inspection by the public consistent with the requirements of the Public Records Act. § 54953.5(b). The local agency must not destroy the tape or film record for at least 30 days following the date of the taping or recording. Inspection of the audiotape or videotape must be made available to the public for free on equipment provided by the local agency. The Brown Act requires written material distributed to a majority of the body by any person to be provided to the public without delay. This rule is inapplicable, to attorney- client memoranda, the confidentiality of which was affirmed by the California Supreme Court in Roberts v. City of Palmdale, 5 Cal 4th 363 (1993). However, if non -privileged material is distributed during the meeting and prepared by the local agency, it must be available for public inspection at the meeting. If it is distributed during the meeting by a member of the public, it must be made available for public inspection after the meeting. § 54957.5(c). If material related to an agenda item is distributed to a majority of the body less than 72 hours prior to an open session of a regular meeting, the writing must be made available at the same time for public inspection at a public office or location that has been designated in advance for such purpose. Each local agency must list the address of the designated office or location on the agendas for all meetings of the legislative body of that agency. § 54957.5(b). Although this Brown Act provision technically requires an agency to list the designated office address on closed session meeting agendas, it does not require an agency to make such closed session documents and materials available for public inspection. A local agency may also post all documents made available for public inspection pursuant to Section 54957.5(b) on the agency's Internet Web site. However, a local agency may not post the writings to its website in lieu of designating a public office or location for inspection of physical copies of the documents. 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 © 2018 Richards, Watson & Gershon 2178711 Page 14 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 Web site at [WEB SITE ADDRESS]. • On the [AGENCY'S] Web site, create a subfolder under the agenda packet folder that identifies the contents of the subfolder as follows: "Disclosable public documents related to an open session agenda item on the Agenda Packet distributed by the [AGENCY] to a majority of the [LEGISLATIVE BODY] less than 72 hours prior to the meeting." • On all documents made available for public inspection pursuant to Section 54957.5(b), make a notation of the date when distributed to at least a majority of the legislative body and placed in the binder at agency's place of business, [optional] the Library, or [optional] on the agency's Web silo. • 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 evaluations, threats to public safety, labor negotiations, pending litigation, real estate negotiations, and consideration of a response to an audit report. §§ 54956.8, 54956.9, 54957, 54957.6, 54957.75. Political sensitivity of an item is not a lawful reason for a closed session discussion. Ralph M. Brown Act © 2018 Richards, Watson & Gershon 2178711 Page 15 Summary of the Major Prov sions of the Ralph M. Brown Act The Brown Act requires that closed session business be described on the public agenda. Moreover, there is a "bonus" of sorts for using prescribed language to describe closed sessions in that legal challenges to the adequacy of the description are precluded when such language is used. § 54954.5. This so-called "safe harbor" encourages many local agencies to use a very similar agenda format, especially in light of a California Court of Appeal ruling that a local agency substantially complied with the Brown Act's requirement to describe closed session agenda items even though the notice referred to the wrong subsection of Section 54956.9. Castaic Lake Water Agency v. Newhall County Water District, 238 Cal.App. 4th 1 196 (2015). Audio recording of closed sessions is not required unless a court orders such recording after finding a closed session violation. § 54960. Closed sessions may be started in a location different from the usual meeting place as long as the location is noted on the agenda and the public can be present when the meeting first begins. Moreover, public comment on closed session items must be allowed before convening the closed session. After a closed session, the legislative body must reconvene the public meeting and publicly report certain types of actions if they were taken, and the vote on those actions. § 54957.1. There are limited exceptions for specified litigation decisions, and to protect the victims of sexual misconduct or child abuse. Contracts, settlement agreements or other documents that are finally approved or adopted in closed session must be provided at the time the closed session ends to any person who has made a standing request for all documentation in connection with a request for notice of meetings (typically members of the media) and to any person who makes a request within 24 hours of the posting of the agenda, if the requestor is present when the closed session ends. § 54957.1. One perennial area of confusion is whether a legislative body may discuss the salary and benefits of an individual employee (such as a city manager) as part of a performance evaluation session under Section 54957. It may not. However, the body may designate 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 dosed session. The Brown Act prohibits attendees from disclosing confidential information obtained during a closed session, unless the legislative body authorizes the disclosure. violations can be addressed through injunctions, disciplinary action, and referral to the grand jury. § 54963. XI. ENFORCEMENT There are both civil remedies and criminal misdemeanor penalties for Brown Act violations. The civil remedies include injunctions against further violations, orders nullifying any unlawful action, orders determining tat an alleged act violated the Brown Act, orders determining the validity of any rule to penalize or discourage the expression of a member of the legislative body, and remedies for breaching closed session confidences. §§ 54960, 54960.1, 54960.2, 54963. Ralph M Brown Act O 2018 RIchords. Watson & Gershon 2178711 Page 16 Summary of the Major Provisions of the Ralph M. Brown Act The procedures for claiming there was a Brown Act violation vary depending upon what the complaining party is seeking. If the complaining party is seeking to invalidate an action based on a violation of the Brown Act, the procedures for doing so are set forth in Section 54960.1, as summarized below. If the complaining party is merely seeking a determination that a Brown Act violation occurred or desires the court to impose an order preventing further violations, the procedures for doing so are set forth in Section 54960.2, also as summarized below. Under Section 54960.1, prior to filing suit to obtain a judicial determination that an action is null and void because of an alleged Brown Act violation, the complaining party must make a written demand on the legislative body to cure or correct the alleged violation. The written demand must be made within 90 days after the challenged action was taken. However, if the challenged action was taken in open session and involves a violation of the agenda requirements of Section 54954.2, then the written demand must be made within 30 days. The legislative body is required to cure or correct the challenged action and inform the party who filed the demand of its correcting actions, or its decision not to cure or correct, within 30 days. The complaining party must file suit within 15 days after receipt of the written notice from the legislative body, or if there is no written response, within 15 days after the 30 -day cure period expires. § 54960.1(b). Under Section 54960.2, prior to filing suit to obtain a judicial determination that an alleged Brown Act violation occurred after January 1. 2013, the district attorney or interested person must submit a cease and desist letter to the legislative body clearly describing the legislative body's past action and the nature of the alleged violation within nine months of the alleged violation. Second, the legislative body may respond within 30 days, including responding with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate the Brown Act. If the legislative agency responds with an unconditional commitment, that commitment must be approved by the legislative body in open session at a regular or special meeting as a separate item of business not on the consent calendar, and must be in substantially the form set forth in Section 54960.2(c)(1). Also, a legislative body may resolve to rescind an unconditional commitment with proper notice to the public and to each person to whom the unconditional commitment was made. Upon rescission, the district attorney or any interested person may file an action pursuant to Section 54960(a). Finally, Section 54960.2 provides further deadlines and requirements that must be met when filing an action in connection with an unconditional commitment. § 54960.2. A member of a legislative body will not be criminally liable for a violation of the Brown Act unless the member intends to deprive the public of information which the member knows or has reason to know the public is entitled to under the Brown Act. § 54959. This standard became effective in 1994 and is a different standard from most criminal standards. Until it is applied and interpreted by a court, it is not clear what type of evidence will be necessary to prosecute a Brown Act violation. Ralph M. Brown Act © 2018 Richards. Watson & Gershon 2178711 Page 17 Summary of the Major Provisions of the Ralph M. Brown Act XII. CONCLUSION The Brown Act's many rules and ambiguities can be confusing, and compliance with it can be difficult. In the event that you have any questions regarding any provision of the law, you should contact your legal counsel for advice. Ralph M. Brown Act ® 2018 Richards. Watson & Gershon 2178711 Page 18 The Ralph M. Brown Act Updated including changes effective January 1, 2018 Ralph M. Brown Act © 2018 Richards. Watson & Gershon 2178711 Page 19 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, decisionmaking 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 ® 2018 Richards. Watson & Gershon 2178711 Page 20 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 (8) 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 o' 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 c 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 © 2018 Richards. Watson & Gershon 2178711 Page 21 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. (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. (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, prov ded that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. Section 54952.3. Simultaneous or serial order meetings authorized; Requirements: Compensation or stipend (a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or in serial order, only if a clerk or a member of the Ralph M. Brown Act 19 2018 Richards, Watson & Gershon 2178711 Page 22 Text of the Ralph M. Brown Act 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 compensaton 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. 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 ths 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 requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by roilcall. Ralph M. Brown Act ® 2018 Richards. Watson & Gershon 2178711 Page 23 Text of the Ralph M Brown Act (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the bourdaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location. (4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 351 1.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the telecorference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. Ralph M. Brown Act ® 2018 Richards, Watson 8 Gershon 2178711 Page 24 Text of the Ralph M, Brown Act (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to 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 hos 12 or more members. (4) This subdivision shall remain in effect only until January 1, 2018. Section 54953.1. Grand jury testimony The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body. Section 54953.2. Meetings to conform to Americans with Disabilities Act All meetings of a legislative body of a local agency that are open and public shall meet the protections and prohibitions contained in Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Section 54953.3. Registration of attendance A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire, or otherwise to fulfill any condition precedent to his or her attendance. If an attendance list, register, questionnaire, or other similar document is posted at or near the entrance to the room where the meeting is to be held, or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering, or completion of the document is voluntary, and that all persons may attend the meeting regardless of whether a person signs, registers, or completes the document. Section 54953.5. Recording proceedings (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. (b) Any audio or video recording of an open and public meeting made for whatever purpose by or at the direction of the local agency shall be subject to inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Ralph M. Brown Act 2018 Richards, Watson & Gershon 2178711 Page 25 Text of the Ralph M Brown Act Division 7 of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio 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 whicn allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. Section 54954. Rules for conduct of business: Time and place of meetings (a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees, for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body. (b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exercises jurisdiction, except to do any of the following: (1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party. (2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly related to the real or personal property. (3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency's jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter. Ralph M. Brown Act © 2018 Richards, Watson & Gershon 21787)1 Page 26 Text of the Ralph M. Brown Act (4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. (6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. (7) Visit the office of the local agency's legal counsel for a closed session on pending litigation 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 nonadversarial collective bargaining techniques. (2) Interview members of the public residing in another district with reference to the trustees' potential employment of an applicant for the position of the superintendent of the district. (3) Interview a potential employee from another district. (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961. (e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time. Section 54954.1. Request for notice; Renewal; Fee Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Upon receipt of the Ralph M. Brown Act ® 2018 Richards Watson K Gershon 2178711 Page 27 Text of the Ralph M Brown Act written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first. Any request for mailed copies of agendas or agenda packets shall be 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. (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 cn agenda shall be posted on the primary Internet Web site homepage of a city, coLnty, 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 addilon 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. Ralph M. Brown Act CI 2018 Richards. Watson & Gershon 21 7871 1 Page 28 Text of the Ralph M. Brown Act (iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. (C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met: (i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state. (ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform. (iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B). (D) For the purposes of this paragraph, both of the following definitions shall apply: (1) "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. Ralph M. Brown Act *2018 Richards. Watson E. Gershon 2178711 Page 29 Text of the Ralph M. Brown Act (3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. (2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. (d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the 10:01 agency has one, shall only apply to a legislative body that meets either of the following standards: (1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. Section 54954.3. Public testimony at regular meetings (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, Ralph M. Brown Act © 2018 Richards. Watson & Gershon 2178711 Page 30 Text of the Ralph M Brown Act before or during the legislative body's consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed 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 consideraton of that item. (b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. (2) Notwithstanding paragraph ',1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency. (3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously. (c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. Section 54954.4. legislative findings and declarations relating to reimbursements; Legislative intent; Review of claims (a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986, authorizing reimbursement to local agencies and school districts for costs mandated by the state pursuant to that actshall be interpreted strictly. The intent of the Legislature is to provide reimbursement for only those costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986. (b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing claims for reimbursement, or otherwise participating in the reimbursement process, to rigorously review each claim and authorize only those claims, or parts thereof, which represent costs which are clearly and unequivocally incurred as Ralph M. Brown Act © 2018 Richards. Watson & Gershor 2178711 Page 31 Text of the Ralph M. Brown Act the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which complete documentation exists. For purposes of Section 54954.2, costs eligible for reimbursement shall only include the actual cost to post a single agenda for any one meeting. (c) The Legislature hereby finds and declares that complete, faithful, and uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of overriding public importance. Unless specifically stated, no future Budget Act, or related budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or otherwise modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner. Section 54954.5. Description of closed session items For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. (a) With respect to a closed session held pursuant to Section 54956.7: LICENSE/PERMIT DETERMINATION Applicant(s): (Specify number of applicants) (b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (Specify street address, or if no street address, the parcel number or other unique reference, of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment, or both) (c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: Ralph M. Brown Act ® 2018 Richards, Watson & Gershon 2178711 Page 32 Text of the Ralph M. Brown Act CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: (Specify by reference to claimant's name, names of parties, case or claim numbers) or Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to paragraphs {2) to (5), inclusive, of subdivision (e) of Section 54956.9.) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Specify number of ootential 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 Ralph M. Brown Act (� 2018 Richards, Watson & Gershon 2178711 Page 33 Text of the Ralph M. Brown Act Title: (Specify position title of employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: (g) 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) With respect to closed sessions called pursuant to Section 54957.8: CASE REVIEW/PLANNING (No additional information is required in connection with a closed session to consider case review or planning.) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS Ralph M. Brown Act ® 2018 Richards. Watson 8, Gershon 2178711 Page 34 Text of the Ralph M. Brown Act Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee) (1) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86: CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with a closed session to discuss a charge or complaint pursuant to Section 54956.86.) (j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96: CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name) Discussion will concern: (Specify dosed 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 dosed 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. Ralph M. Brown Act 2018 Richards, Watson & Gershon 2178711 Page 35 Text of the Ralph M. Brown Act (C) An ongoing annual assessment if it is imposed at the same or lower amount as any previous year. (D) An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was previously adopted by the agency or approved by the voters in the area where the assessment is imposed. (E) Standby or immediate availability charges. (2) The legislative body shall provide at least 45 days' public notice of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the same time and in the same document as the notice for the public hearing, but the meeting shall occur prior to the hearing. (b) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least one-eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first- class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting after the meeting has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days after the first publication of the joint notice pursuant to this subdivision. Any written request for mailed notices shall be effective for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (2) The notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) The amount or rate of the tax. If the tax is proposed to be increased from any previous year, the joint notice shall separately state both the existing tax rate and the proposed tax rate increase. (B) The activity to be taxed. (C) The estimated amount of revenue to be raised by the tax annually. (D) The method and frequency for collecting the tax. (E) The dates, times, and locations of the public meeting and hearing described in subdivision (a). Ralph M. &own Act C 2018 Richards. Watson & Gershon 2178711 Page 36 Text of the Ralph M. Brown Act (F) The telephone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the tax. (c) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased assessment on real property or businesses shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 10 -point type and shalt 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. Ralph M. Brown Act © 2018 Richards. Watson & Gershon 2178711 Page 37 Text of the Ralph M. Brown Act (3) Notwithstanding paragraph (1), in the case of an assessment that is proposed exclusively for operation and maintenance expenses imposed throughout the entire local agency, or exclusively for operation and maintenance assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant to this subdivision or pursuant to paragraph (1) of subdivision (b) and shall include the estimated amount of the assessment of various types. amounts, or uses of property and the information required by subparagraphs (8) to (G), inclusive, of paragraph (2) of subdivision (c). (4) Notwithstanding paragraph (I ), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, regional park and open -space district, or regional open -space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of, the Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b) . (d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede, existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong the governmental decisionmaking process. (e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an elec'ion 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. (1) 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 Ralph M. Brown Act © 2018 Richards. Watson 8 Gershon 2178711 Page 38 Text of the Ralph M. Brown Act legislative body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule. Section 54955.1. Continuance of hearing Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings; provided, that if the hearing is continued 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. Ralph M. Brown Act © 2018 Richards, Watson & Gershon 2178711 Page 39 Text of the Ralph M. Brown Act However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agency's budget. (c) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: (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 terro-ist 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 d re emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. This notice shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this Section shall be deemed waived, and the legislative body, or designee of the legislative body, shall notify those newspapers, radio stations, or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at the meeting as soon after the meeting as possible. (c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members Ralph M. Brown Act kD 2018 Richards, Watson S. Gershon 2!78711 Page 40 Text of the Rah M. Brown Act of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present. (d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. (e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days it 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 dufing 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 draff audit report (a) Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency that has received a confidential final draft audit report from the Bureau of State Audits from holding closed sessions to discuss its response to that report. (b) After the public release of an audit report by the Bureau of State Audits, if a legislative body of a local agency meets to discuss the audit report, it shall do so in an open session unless exempted from that requirement by some other provision of law, Ralph M. Brown Act fl 2018 Richards, Watson & Gershon 2178711 Page 41 Text of the Ralph M. Brown Act Section 54956.8. Closed sessions regarding real property negotiations Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern. and the person or persons with whom its negotiators may negotiate. For purposes of this section, negotiators may be members of the legislative body of the local agency. For purposes of this section, "lease" includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9. Section 54956.81. Closed sessions regarding purchase or sale of pension fund investments Notwithstanding any other provision of this chapter, a legislative body of a local agency that invests pension funds may hold a dosed 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 Pian Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system, or records in any other form, that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulas or calculations for these payments, and contract negotiations with providers of health care for alternative rates are exempt from Ralph M. Brown Act CO 2018 Richards, Watson & Gershon 2178711 Page a2 Text of the Ralph M. Brown Act disclosure for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exem ption. (b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (f), shall be held in closed session. The requirements of making a public report of action taken in closed session, and the vote or abstention of every member present, may be limited to a brief general description without the information constituting the trade secret. (c) Notwithstanding any other provision of law, the governing board of a health plan may meet in closed session to consider and take action on matters pertaining to contracts and contract negotiations by the health plan with providers of health care services concerning all matters related to rates of payment. The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request. (d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law. (e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Corporations in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and Safety Code. (f) For purposes of this section, "health plan trade secret" means a trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that also meets both of the following criteria: (1) The secrecy of the information is necessary for the health plan to initiate a new service, program, marketing strategy, business plan, or technology, or to add a benefit or product. (2) Premature disclosure of the trade secret would create a substantial probability of depriving the health plan of a substantial economic benefit or opportunity. Ralph M. Brown Act 2018 Richards. Watson & Gershon 2178711 Page 43 Text of the Ralph M. Brown Act Section 54956.9. Closed sessions concerning pending litigation: Lawyer -client privilege (a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation. (b) For purposes of this chapter, all expressions of the lawyer -client privilege other than those provided in this Section are hereby abrogated. This Section is the exclusive expression of the lawyer -client privilege for purposes of conducting closed -session meetings pursuant to this chapter. (c) For purposes of this section, `litigation" includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. (d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist: (1) Litigation, to which the local cgency 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 'he Government Code) or some other written Ralph M. Brown Act © 2018 Richards, Watson & Gershon 2178711 Page 44 Text of the Ralph M. Brown Act communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (4) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. (5) A statement threatening litigation made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body so long as the official or employee of the local agency receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which record shall be available for public inspection pursuant to Section 54957.5. The records so created need not identify the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based, unless the identity of the person has been publicly disclosed. (f) Nothing in this Section shall require disclosure of written communications that are privileged and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1). (g) Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on the agenda or publicly announce the paragraph of subdivision (d) that authorizes the closed session. If the session is closed pursuant to paragraph (1) of subdivision (d), the body shall state the title of or otherwise specifically identify the litigation to be discussed, un'ess 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 em ployment. 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 Ralph M. Brown Act J 2018 Richards, Watson & Gershon 2178711 Page 45 Text of the Ralph M. Brown Act session to discuss a claim for the payment of tort liability losses, public liability losses, or workers' compensation liability incurred by the authority or a local agency member of the authority. (c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other local agency. Section 54956.96. Disclosure of specified information in closed session of joint powers agency; 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 member local agency may disclose information obtained in a closed session that has direct financial or liability implicarions for that local agency to the following individuals: (A) Legal counsel of tha- member local agency for purposes of obtaining advice on whether the matter hos direct financial or liability implications for that member local agency. (B) Other members of the legislative body of the local agency present in a closed session of that member local agency. (2) Any designated alternate member of the legislative body of the joint powers 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) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a). Section 54957. Closed session regarding public security, facilities, employees, examination of witness (a) This chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a Ralph M. Brown Act ®2018 Richards. Watson & Gershon 2178711 Page 46 Text of the Ralph M. Brown Act security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, or a threat to the public's right of access to public services or public facilities. (b) (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session. (2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a dosed 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 2018 Richards, Watson & Gershon 2178711 Page 47 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 sholl 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 2018 Richards. Watson & Gershon 2178711 Page 48 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 (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be kept confidential. The minute book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. Such minute book may, but need not, consist of a recording of the closed session. Ralph M. Brown Act civ 2018 Richards. Watson 8. Gershon 21 7871 1 nage 49 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) Notwithstanding Section 6255 or any other law, agendas of public meetings and any other writings, when distributed to all. or majority of all, of the members of a legislative body of a local agency by any person in connection with a matter subject to discussion or consideration at an open meeting of the body, are disclosable public records under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), and shall be made available upon request without delay. However, this section shall not include any writing exempt from public disclosure under Section 6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16, 6254.22, or 6254.26. (b) (1) If a writing that is a public record under subdivision (a), and that relates to an agenda item for an open session of a regular meeting of the legislative body of a local agency, is distributed less than 72 hours prior to that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body. (2) A local agency shall make any writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose. Each local agency shall list the address of this office or location on the agendas for all meetings of the legislative body of that agency. The local agency also may post the writing on the local agency's Internet Web site in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. (3) This subdivision shall become operative on July 1, 2008. (c) Writings that are public records under subdivision (a) and that are distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (d) This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 6253, except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. (e) This section shall not be construed to limit or delay the public's right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 Ralph M. Brown Act *2018 Richards, Watson & Gershon 2178711 Page 50 Text of the Ralph M. Brown Act of Title 1). This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. Section 54957.6. Closed sessions regarding employee matters (a) Notwithstanding any other provision of 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 dosed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives. Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives. Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. Closed sessions with the local agency's designated representative regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency's designated representative. Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees. For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body, or other independent contractors. Section 54957.7. Disclosure of items to be discussed at closed session (a) Prior to holding any closed session, the legislative body of the local agency shall disclose, in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law. Ralph M. Brown Act ® 2018 Richards. Watson 8 Gershon 2178711 Page 51 Text of the Ralph M. Brown Act (b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session. (c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements. Section 54957.8. Closed sessions of multijurisdictional drug law enforcement agencies (a) For purposes of this section, "multijurisdictional law enforcement agency" means a joint powers entity formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm; high technology, computer, or identity theft; human trafficking; or vehicle theft. (b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law enforcement agency, or an advisory body of a multijurisdictional law enforcement agency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases. Section 54957.9. Authorization to clear room where meeting willfully interrupted; Readmission In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. Section 54957.10. Closed sessions regarding application for early withdrawal of deferred compensation plan funds Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions to discuss a local agency employee's application for early withdrawal of funds in a deferred compensation plan when the application is based on Ralph M. Brown Act © 2018 Richards, Watson & Gershon 2178711 Page 52 Text of the Ralph M. Brown Act financial hardship arising from an unforeseeable emergency due to illness, accident, casualty, or other extraordinary event, as specified in the deferred compensation plan. Section 54958. Application of chapter The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law. Section 54959. Criminal penalty for violation of chapter Each member of a legislative body who attends o 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: (A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. Ralph M. Brown Act © 2018 Richards, Watson & Gershon 2178711 Page 53 Text of the Ralph M. Brown Act (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following: (i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure. the date and time of the meeting recorded, and the governmental agency that has custody and control of the recording. (ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session. (3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act. (4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a 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. (c) (1) The written demand shall be made within 90 days from the date the action was taken unless the action was taken in an open session but in violation of Section 54954.2, in which case the written demand shall be made within 30 days from the date the action was taken. (2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action. Ralph M. Brown Act (0 2018 Richards. Watson & Gershon 2178711 Page 54 Text of the Ralph M Brown Act (3) If the legislative body takes no action within the 30 -day period, the inaction shall be deemed a decision not to cure or correct the challenged action, and the 15 - day period to commence the action descrioed 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 tees for professional services, upon which a party has, in good faith and without notice of a challenge to the validity of the action, detrimentally relied. (4) The action taken was in connection with the collection of any tax. (5) Any person, city, city and county, county, district, or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2, Section 54956, or Section 54956.5, because of any defect, error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed pursuant to Section 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to Section 54956.5. (e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (f) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. Ralph M. Brown Act © 2018 Richards, Watson & Gershon 2178711 Page 55 Text of the Ralph M. Brown Act Section 54960.2 Proceeding to determine the applicability of chapter to past actions of legislative body; Conditions; Cease and desist letter (a) The district attorney or any interested person may file 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 attorney fees to the plaintiff in an action brought pursuant to this section, in accordance with Section 54960.5. (c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form: To The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act: [Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a) ] Ralph M. Brown Act © 2018 Richards, Watson & Gershon 2178711 Page 56 Text of the Ralph M. Brown Act In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above. The [name of legislative body] may rescind this commitment only by o 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 commitmert 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 commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body. (4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter. (d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be Ralph M. Brown Act ® 2018 Richards. Watson & Gershon 2178711 Page 57 Text of the Ralph M. Brown Act brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. (e) The legislative body may resolve to rescind an unconditional commitment made pursuant 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 subdivsion may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. Section 54960.5. Costs and attorney fees A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960. 54960.1 or 54960.2 where it is found that a legislative body of the local agency has violated this chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that Section at any time after the 30 -day period for making such a commitment has expired, the court shall award court costs and reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to issue the unconditional commitment. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency. A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. Section 54961. Meeting place with discriminatory admission policies; Identification of victim of sexual or child abuse (a) No legislative body of a local agency shall conduct any meeting in any facility that prohibits the admittance of any person, or persons, on the basis of ancestry or any characteristic listed or defined in Section 11135, or which is inaccessible to disabled persons. or where members of the public may not be present without making a payment or purchase. This section shall apply to every local agency as defined in Section 54951. (b) No notice, agenda, announcement, or report required under this chapter need identify any victim or alleged victim of tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed. Ralph M. Brown Act ® 2018 Richards Watson 8 Gershon 2178711 Page 58 Text of the Ralph M. Brown Act Section 54962. Prohibition against closed sessions except as expressly authorized Except as expressly authorized by this chcpter, 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. (e) A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a violation of this section, for doing any of the following: (1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by a legislative body of a local agency. (2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action. Ralph M. Brown Act © 2018 Richards. Watson 8 Gershon 2178711 'age 59 Text of the Ralph M. Brown Act (3) Disclosing information acquired by being present in a closed session under this chapter that is not confidential information. (f) Nothing in this Section shall be construed to prohibit disclosures under the whistleblower statutes contained in Section 1 102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of this code. Ralph M. Brown Act C*r 2018 Richards. Watson & Gershon 21 7871 1 Page 60 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los Angeles, San Francisco. Orange County, Temecula, and the Central Coast our dedicated team of experts provides the full -scope of public law services. We are the lawyers of choice for clients who seek reliable. efficient. and effective legal counsel. Richards, Watson & Gershon serves as city/town 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 prr- -Mems. Specialties Include: Administrative Law Airports, Rail & Transit Brown Act Cannabis CEQA Coastal Act Code Enforcement Conflicts of Interest Construction & Public Works ANGELES S S Gro, id A:renve Floor Angeles, CA 90071 N FRANCISCO Montgomery Street 3803 f► Franciscco. CA 94104 RANGE COUNTY Civic Center Otte 0. Box 1059 eo. CA 97822 MECUtA 000 Main Street ite 309 .meculo. Cit 97590 ENTRAL COAST 7 Monterey Street 201 Luis Obispo. CA 934x;' nce 1,954 I rW9law.com Elections Eminent Domain Environment & Natural Resources Housing Labor & Employment Land Use & Planning Litigation Police Practices Public Finance Public Records Act Real Estate & Leasing Rent Control Subdivisions & Zoning Taxes. Fees & Assessments Telecommunications Solid Waste Stormwater Compliance Water Rights & Water Law SECTION 9 00 Public Records Act o HANDBOOK NISummary of the Major Provisions and Requirements of the Public Records Act and Re aced Topics Electronic Records Text of the Public Records Act ) Updated including changes effective January 1, 2018 Table of Contents INTRODUCTION ii PART ONE. COMPLIANCE WITH THE PUBUC RECORDS ACT 1 I. WHAT IS THE PUBLIC RECORDS ACT? 1 II. WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THE PUBLIC? 2 III. IS THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATION ACT? 3 IV. TO WHICH LOCAL AGENCIES DOES THE PUBLIC RECORDS ACT APPLY? 3 V. WHAT ARE "PUBLIC RECORDS?" 3 VI. HOW DOES A LOCAL AGENCY DETERMINE THE SCOPE OF A PUBLIC RECORDS REQUEST? 5 VII. CAN A LOCAL AGENCY RELINQUISH ITS PUBUC RECORDS ACT OBLIGATIONS TO SOMEONE ELSE? 6 VIII. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAY IT BE MADE ORALLY? 6 IX. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT? 7 X. WHAT IS THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST? 24 XI. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBUC RECORDS ACT? 28 XII. CONCLUSION 28 PART TWO. ELECTRONIC RECORDS 29 I. EMAIL 32 II. DOCUMENTS CREATED USING WORD PROCESSORS, GIS AND OTHER SOFTWARE 45 III. CITY WEBSITES 54 IV. CONCLUSIONS 68 Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Page i PART THREE. THE CALIFORNIA PUBLIC RECORDS ACT 71 Article 1 - General Provisions California Government Code Sections 6250-6270 72 Article 2 - Other Exemptions from Disclosure California Government Code Sections 6275-6276.48 129 Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Page ii Introduction This Handbook, designed for City officials and staff, provides a summary of the major provisions of California's Public Records Act and related topics. Part One of the Handbook summarizes the basic provisions of the Public Records Act, including documents that are exempt from disclosure and the proper procedure for complying with the Ac`. 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 0 2018 Richards. Watson & Gershon 2172263 Page iii PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT IIRWG LAW Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 1 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. 1, § 3(B). In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. GOV'T CODE § 6250. California's Public Records Act is a key part of the philosophy that government at all levels in this State must be open and accessible to all., Under the Public Records Act, a local government agency must disclose virtually any public document; only a statutory exemption or a need for confidentiality that clearly outweighs the public's right to access will legally justify withholding a public document. The purpose of this Handbook is to provide a general overview of the Public Records Act and recent amendments to it, along with a general road map for compliance. This Handbook addresses the questions most frequently asked of us by our local government clients. I. WHAT IS THE PUBLIC RECORDS ACT? The Public Records Act is a California statute that affords the public the right to inspect, and obtain a copy of, most of the information retained by State and local agencies in the course of business. The Public Records Act regulates the public's access to records and sets out the specific statutory circumstances under which particular records need not be disclosed. The Public Records Act states that public records are open to inspection at all times during the office hours of a local agency., Rogers v. SuperiorCt. (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993). 2 Gov't Code § 6253(a). Public Records Act ® 2018 Richards. Watson & Gershon 2172263 Page 1 Part One: Compliance with the Public Records Act The California Constitution also guarantees that public records are open to public scrutiny., It provides that a law, such as the Public Records Act, should be "broadly construed" if it furthers the people's right of access to public records, and "narrowly construed" if it limits the right of access. II. WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THE PUBLIC? Under the Public Records Act, every person has the right to inspect and to obtain a copy of any identifiable public record.^ It is irrelevant whether the person making the Public Records Act request already has possession of the public records requested.'> The term "person" includes individuals, and various types of business entities.6 A "person" need not be a citizen of California or of the United States to make use of the Public Records Act.' A local agency must supply an exact copy of the record on request, unless it is "impracticable" to make an exact copy.- The word "impracticable" in the Public Records Act does not necessarily refer to situations where a copying request would be "inconvenient" or time consuming to the agency. Rather, the term "impracticable" modifies the requirement that the agency provide an "exact" copy. If a requested document is subject to the Public Records Act, the agency must provide the best or most complete copy of that document reasonably possible.'' Any reasonably segregable portion must be made available after deletion of any portion exempt from disclosure. The requirements of the Public Records Act are the minimum standards which must be met by local agencies. The Public Records Act specifically provides that agencies may adopt procedures to allow greater access to records, except where the law otherwise prohibits access. The person who is the subject of a particular record does not have a specific right under the Public Records Act to prevent disclosure of any particular CAI. COMM. art. 1, § 3(b). 4 Gov't Code § 6253(0). (b). The motive of the requester seeking public records is immaterial: an individual akeady in possession of requested documents may seek the documents so he or she may publicly disseminate them without fear of liability for doing so. Caldecote V. Superior Court, 243 Col. App. 4th 212, 219 (4 Dist. 2015). 6 Both cities and City attorneys hove been deemed "persons" under the Act. Los Angeles Unified School Dist. v. Superior Court (City of Long Beach), 151 Cal. App. 41h 759 (2 Dist. 2007) (holding that City, as well os the City attorney were entitled to obtain records of school district relating to school construction project). 7 Gov't Code § 6252(c): Connell v, Superior Court (lntersource, Inc.) . 56 Cal. App. 4th 601 (3 Dist. 1997). 8 Gov't Code § 6253(b). 9 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 that this does not excuse a public entity from producing the records at all). *Gov't Code § 6253(0) Gov't Code § 6253)e). Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 2 Part One Compliance with the Public Records Act record. 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.' III. IS THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATION ACT? Persons who request access to public records frequently reference the Freedom of Information Act ("FOIA") as the basis for their request. The FOIA is a federal statute that does not apply to local government agencies. However, the Public Records Act was modeled after the FOIA, and we recommend that agencies respond to otherwise valid records requests even if the requester cites the FOIA instead of the Public Records Act.14 IV. TO WHICH LOCAL AGENCIES DOES THE PUBLIC RECORDS ACT APPLY? The Public Records Act applies to all local government agencies. Under the Public Records Act, a "local agency" includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; any board, commission or agency of any of these; and certain non-profit organizations of local agencies which are supported by public funds. 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 2 LAPD v. Supenor Court (Church of Scientology). 65 Cal. App. 3d 661, 668 (2 Dist. 1977). 13 Poway Unified Sch. Dist. v. Superior Court (Copley Press), 62 Cal. App. 4th 1496 (4 Dist. 1998). 14 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) is Gov't Code § 62521a) . Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 3 Part One: Compliance with the Public Records Act communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.',, 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.) • Note, however, that computer software developed by a local agency is not a "public record" subject to the Public Records Act.'4 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.'' 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."20 Second, courts have observed that merely because the writing is in the possession of the local agency, it is not automatically a public record. It must relate to the conduct of the public's business.,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.*' In addition, it is important to note that a record need not be a "document" to fall within the ambit of the Public Records Act. A public record is subject to disclosure under the Public Records Act "regardless of its physical form or characteristics. Further, local agencies are obligated to determine whether a public records request seeks copies of disclosable public records in the "possession" of the 16 Gov't Code § 6252(e), (g). 1/ Gov't Code § 6253.9. For further discussion of the exception to this rule, see Port Two. Electronic Records, Section 11.8. "Metadata" of this Handbook. 'H Gov't Code § 6254.9, 19 Based upon the definition of "writing," Gov't Code § 6252(g) and the requirement that a requested record be "identifiable." Gov't Code § 6253(b). 20 Braun v. City of Taft, 154 Col. App. 3d 332, 340 (5 Dist. 1984): San Gabriel Tnbune 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). 21 Braun, 154 Cal. App. 3d at 340; San Gabriel Tribune, 143 Cal. App 3d at 774; Gov't Code § 6252(e). 22 San Gabriel rribune, 143 Cal. App. 3d at 774. 23 Gov't Code § 6252(e) . Public Records Act © 2018 Richards, Watson 8 Gershon 2172263 Page 4 Port One Compliance with the Public Records Act agency.24 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 is in possession of the documents.25 In Community Youth Athletic Center v. City of National City, the court found that under the contract between the City and its consultant, the City had the right to possess and control the record that was the subject of a public records request, even if that local agency had not previously enforced its ownership right.25 The court held that the City had an obligation "to make reasonable efforts to facilitate the location and release of the information."2' The City's failure to assert its contractual right to obtain the record from the consultant violated the Public Records Act? On the other hand, in Consolidated irrigation District v. Superior Court, the court found that the City had no control over a sub -consultant's records.29 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.lri 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. 24 Gov't Code § 6253(c). 25 Consolidated Irrigation District v. Superior Court (City of Selma), 205 Cal. App. 4th 697, 709 11 (5 Dist. 20121: Community Youth Athletic Center v. City of National City. 220 Cal. App. 4th 1385, 1427-29 (4 Dist. 2013): see olso Regents of the University of California v. Superior Court, 222 Cal. App. 4th 383, 398 (1 Dist. 2013). 26 Community Youth Athletic Center. 220 Cal. App. 4th at 1428. 271d. at 1429. 28 Id. 29 Consolidated Irrigation District, 205 Cal. App. 4th of 711. 30 Gov't Code § 6253. Pubbc Records Act © 2018 Richards, Watson & Gershon 2172263 Page 5 Port One: Compliance with the Public Records Act 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. Likewise, the requester is obligated to engage in this process, and communicate to the custodian of records the scope of the public information requested. Both the local agency and the requester must be reasonable in this process: 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.i, 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.. 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 b 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. VIII. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAY IT BE MADE ORALLY? Nothing in the Public Records Act requires a member of the public to place his or her request for public records in writing.;,. 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 31 Gov't Code § 6253.1. Further discussion of these procedural requirements is in Section X. below. 32 Community Youth Athletic Center v. National City. 220 Col. App. 4th 1385, 1427 (4 Dist. 2013). 33 Gov't Code § 6270(a(. 34 Gov't Code § 6253.3. 35 Gov't Code § 6253.31. 36 Los Angeles Times v. Alameda Corridor Transp. Authority, 88 Cal. App. 4th 1381, 1392 (2 Dist 2001) Public Records Act *2018 Richards, Watson & Gershon 2172263 Page 6 Part One: Compliance with the Pubic Records Act writing.37 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.38 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.39 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.4° 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.41 37 Golbiso v. Orosi Public Utility Distnct, 167 Cal. App. 4th 1063, 1088-89 (5 Dist. 2008). 38 Bruce v. Gregory. 65 Cal. 2d 666, 676 (1967): Rosenthal v. Hansen, 3.4 Cal. App. 3d 754. 761 (1973); 64 Ops. Cal. Atty. Gen. 317 (1981). 39 Gov't Code § 6254.5. 4° Black Panther Party v. Kehoe. 42 Cal. App. 3d 646. 658 (3 Dist. 1974). 41 Gov't Code § 6254.5. Additional exceptions apply to specific state agencies. Pubic Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 7 Part One: Compliance with the Public Records Act Recently, the California Supreme Court held that a public agency's inadvertent disclosure resulting from human error does not waive an exemption.42 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.43 After becoming aware of the inadvertent disclosure, the City filed a motion in court seeking the return of the privileged materials» The California Supreme Court held that the Public Records Act's waiver provision45 applied only to intentional and not inadvertent disclosure.46 The court justified this distinction by finding that the City of Los Angeles had not engaged in selective disclosure: "[gather, it seeks no disclosure; it is trying to force plaintiff's attorney to return the privileged documents unread."47 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.48 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.49 The court may not agree with the public agency's assertion that the disclosure was inadvertent. Second, if the exempt records were given wide- spread distribution before the error was found, a court may decide not to order return of the records. Once the information is in the public sphere, the bell cannot be unrung. Third, it is costly to go to court to seek injunctive relief. Consequently, public agencies should continue to conduct a thorough and exhaustive review of responsive documents before releasing any materials in response to a Public Records Act request. The California Supreme Court acknowledged that its decision was limited to "truly inadvertent disclosures and must not be abused to permit the type of selective disclosure" prohibited by the Public Records Act.50 Further, the California Supreme Court emphasized that a public agency's own characterization of its intent is not dispositive.s, The best 42 Ardor v. City of Los Angeles, 62 Cal. 4th 1 176 (2016). 43 Ardor, 62 Col. 4th at 1180-82. 44 Id. at 1 181. 45 Gov't Code § 6254.5. 46 Ardor, 62 Cal. 4th at 1180. 47 Id. at 1185-86. 48 See Newark Unified School District v. Superior Court, 245 Cal. App. 4th 887 (1 Dist. 2015). 49 id. at 910. 50 Ardon, 62 Cal. 4th at 1190. 511d. Public Records Act C 2018 Richards, Watson 8. Gershon 2172263 Page 8 Part One. Compliancewith the Public Records Act practice continues to be to complete a thorough review before releasing responsive records. B. Statutory Exemptions for Confidential Records The following is a list of the statutory exemptions. This list is not exhaustive. (1) Public agency employees' personal information. Gov't Code § 6254.3. Recent legislation has expanded protections for specified personal information of all public agency employees. The home addresses, personal cellular telephone numbers and birth dates of all public agency employees are not considered to be public records subject to disclosure, except in limited circumstances. The Public Records Act also requires local agencies to redact social security numbers from records before disclosing the records to the public in response to a Public Records Act request.». (2) Referendum, recall and initiative petitions and related material. Gov't Code § 6253.5. Election -related petitions and all memoranda prepared by the county elections officials in their examination of the petitions indicating which registered voters signed the petitions are strictly confidential. These materials may be viewed only by elections officials and their deputies. Other officials, including agency attorneys, must obtain a court order to view petitions. if the elections officials determine that a petition is legally insufficient, petition proponents and their representatives designated in writing must be permitted to review these materials. (3) The identity of persons who have requested bilingual ballots or ballot pamphlets_ Gov't Code § 6253.6. (4) Preliminary drafts. notes, or interagency or intra -agency memoranda. Gov't Code § 6254(a). 52 Gov't Code § 6254.29. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 9 Part One: Compliance with the Public Records Act 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.5, In considering whether to use this exemption, agencies should determine whether the disclosure of a preliminary draft, note, or interagency or intra - agency memorandum would further the interest of the Act in open government. The fact that the document is merely a step in the process and does not provide important information about the public's business probably weighs in favor of nondisclosure. The key questions in this area generally may be boiled down to whether a draft, note, or interagency or intra -agency memorandum is one which: • Is not normally kept by the agency in the ordinary course of business; • Is not prepared or kept to document or memorialize the day-to-day transaction of the public's business; • Is merely a temporary step in the process of preparing a final document, reaching a final decision, or determining a course of action; and • Would expose the agency's decision-making process if disclosed,',° 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 53 Gov't Code § 6254(a). 54 Citizens for a Better Environment v. Dep't of Food and Agriculture, 171 Cal. App. 3d 704, 715-16 (3 Dist. 1985) (concluding that ^(t)he interest in fostering robust agency debate" is the only public interest that can justify nondisclosure under Section 6254(011. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 10 Part One: Compliance with the Pubfic Records Act disclosed."55 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.S6 Consequently, a record that must be retained pursuant to a local agency's records retention schedule, policies or customs does not fall within this exemption. For example, if a policy decision is made to retain drafts in order to document the bargaining history after an agreement is negotiated; those drafts likely are not exempt under Section 6254(a). Also, if it is permissible under an agency's records retention schedule to destroy preliminary documents, but the agency retained such a document after the final report is prepared, the preliminary document arguably is not exempt under Section 6254(a). (5) Records pertaining to pending litigation to which the agency is a party. Gov't Code § 6254(b). Under this exemption, records actually created by an agency for its own use in litigation are exempt from disclosure under the Public Records Act.S7 Previously created or disclosed records may not be retroactively re-classified as being exempt under this Section.58 Generally, courts will examine the "dominant purpose" behind the document's creation.59 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.60 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 61 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 551d. at 714. 561d. 01 714 n.7. 57 Fairiey v. Superior Court (City of Long Beach), 66 Col. App. 4th 1414. 1421-22 (2 Dist. 1998). 58 City of Hemet V. Superior Court (Press -Enterprise CO.), 37 Cal. App. 4th 1411, 1420 & n.11 (4 Dist. 1995). 59 Fawley, 66 Cal. App. 4th at 1420. 60 Id. at 1421 (emphasis added). 61 City of Los Angeles v. Superior Court (Axelrod), 41 Col. App. 4th 1083, 1089 (2 Dist. 1996). Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 11 Part One: Compliance with the Public Records Act are available to the public under another statute.62 And where a plaintiff generally is required to file a claim under the Government Claims Act to initiate litigation against a local agency, the actual claim form filed with the local agency is not exempt under this Section as "[t]here is no unfair disadvantage [in the pending litigation] to the public entity from disclosure of the mere claim form."63 (6) Personnel, medical or similar records. Gov't Code §§ 6254(c); 6254.3. When the disclosure of personnel, medical or similar files would constitute an unwarranted invasion of personal privacy, this exemption applies. In determining whether personnel records should be disclosed, courts first decide whether disclosure would compromise the individual's substantial privacy interest. If it does, the court determines whether the potential harm to those interests caused by disclosure outweighs the public interest in disclosure.64 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.65 And at least one appellate court has found that where the public employee is in a position of authority, such as a superintendent of a school district, the individual has "a significantly reduced expectation of privacy in the matters of his [or her] public employment."66 This exemption for personnel, medical or similar records does not justify withholding employment agreements. By statute, employment agreements between a local agency and any public official or public employee is a public record not subject to the exemptions of Sections 6254 or 6255 of the Government Code.6r 62 Board of trustees of California State Univ. v. Superior Court (Copley Press. Inc.). 132 Cal. App. 4th 889. 901-902 (4 Dist. 2005). 63 Poway Unified Sch. Dist. v. Superior Court (Copley Press), 62 Cal. App. 4th 1496, 1505 (4 Dist. 1998). 64 Versaci v. Superior Court (PalomarCmty. Coll. Dist.), 127 Cal. App. 4th 805, 818-820 (4 Dist. 2005). 65 International Federation of Professional and Technical Engineers, LOCAL 21, AFL-CIO, v. Superior Court, (Contra Costo Newspapers. Inc.), 42 Cal. 4th 319. 329-333 (2007)(Intemational Federation). 66 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 pubic to be a "sweetheart deal" outweighed the superintendent's interest in preventing discbsure of the reports). 67 Gov't Code § 6254.8. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 12 Part One: Compliance with the Public Records Act Disclosure of Public Employee Salaries The California Supreme Court has held that salaries of public employees are not exempt from disclosure. In International Federation of Professional and Technical Engineers v. Superior Court, (Contra Costa Newspapers, Inc.),68 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.^, 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.', 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.- 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.! 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. The Court, however, left open the possibility that a public entity may, on a case-by-case 68 international Federation, 42 Cal. 4th 319 (2007). 69 The Supreme Court also narrowed the precedential value of teamsters Local 856 v. Priceless, LLC., 112 Cal. App. 4th 1500 (2003). review denied (Jan. 22, 2004). The appellate court in Priceless held that names, job titles, and W 2 information of City employees was confidential information and not subject to discbsure 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. 70 Id., t 343. 71 Id. 72 Id. at 336. 731d. at 336-37 Pubic Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 13 Part One Compliance with the Public Records Act basis, decline to release records pertaining to individual employees where anonymity is essential to their safety, such as undercover narcotics officers. Although this decision arose in the context of a public records request for the names and salaries of City employees earning more than $100,000 per year, the Supreme Court's reasoning may have general application to salary information for all City employees, regardless of level of salary. In a companion case, Commission on peace Officer Standards and Training v. Superior Court, the California Supreme Court addressed the confidentiality of certain non -salary information./4 In this case, the Commission refused to provide the names, employing departments, and hiring and termination dates of peace officers from its database. The Commission maintains the database to monitor participating law enforcement departments' compliance with Peace Officer Standards and Training ("POST") regulations. The California Supreme Court held that the names, employing departments, and hiring and termination dates of peace officers are not confidential under Penal Code Sections 832.7 and 832.8, and are not exempt from disclosure under the Public Records Act. The California Supreme Court, however, remanded the case to the lower courts to allow the Commission the opportunity to establish that information regarding particular officers or categories of officers should be excised from the disclosed records in order to protect the safety or efficacy of those peace officers. (7) Arrest records, complaint reports, investigatory and security files. Gov't Code § 6254(f). This exemption strictly limits the information required to be disclosed about arrests, complaints and investigations.'' Records of complaints to or investigations conducted by police agencies generally may be withheld. Investigatory or security files compiled by a local agency for law enforcement or licensing purposes are also covered by the exemption, provided "there is a concrete and definite prospect of criminal law enforcement proceedings."/6 This exemption extends indefinitely, even after investigations are concluded.'/ In 74 Commission on Peace Officer Standards and Training v. Superior Court, 42 Cal. 4th 278 (2007); see also. Long Beach Police Officers Assn. v. City of Long Beach, 59 Cal. 4th 59 (2014). 76 "Investigations" have been broadly construed. In Amencan Civil uberties Union of Southern California v. Superior Court, the California Supreme Court extended the meaning of 'investigation" to cover raw data obtained as part of a moss personal data collection, even though there was no targeted "investigation" into a particular criminal act. 3 Cal. 5th 1032. 104/ (2017) . On the other hand, the Court did not exempt anonymized or redacted data from discbsure under the PRA. Id. 76 Dixon v. Superior Court (Neves), 170 Cal. App. 4th 1271, 1277 (3 Dist. 2009) (internal quotation omitted). 77 Rackauckas v. Superior Court (Los Angeles Times Communications), 104 Cal. App. 4th 169, 174-178 (4 Dist. 2002). Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 14 Part One: Compliance with the Public Records Act most cases, agencies are required to disclose to the public7$ 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 port of a police officer's confidential personnel file.79 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 8o Further, this disclosure is not required where it would endanger the safety of a person involved in an investigation or jeopardize the successful completion of the pending investigation or a related investigation. In all cases, the address of a victim of an alleged sex offense must be withheld.81 Additionally, the name of the victim of an alleged sex offense must be withheld if the victim or a minor victim's parent or guardian requests it be withheld. While the law refers to "sex offenses," the crimes listed in Section 6254(f) include sexual assault, child molestation, child abuse, hate crimes and stalking. The Public Records Act prohibits the commercial use of arrest and arrestee information, and requires that persons requesting such information sign a declaration, under penalty of perjury, that the request is made for a scholarly, journalistic, political, or governmental purpose, or for investigation by a licensed private investigator.82 This requirement, however, may have limited applicability given the outcome of litigation by United Reporting Publishing Corporation against the California Highway Patrol83 Subsequent to that case, the Attorney 78 Section 6254(f) also authorizes release of certain imited information to the victim of a crime and other interested parties, above and beyond that information released to the public generally. 79 Pasadena Police Officers Association v. City of Pasadena, 2018 WL 1755528 (2 Dist. April 12, 2018). 80 Penal Code § 841.5. 81 Penal Code § 293. 82 Gov't Code § 6254(f) (3). A commercial publisher of criminal records challenged the constitutionality of this limitation on disclosure. but the United States Supreme Court held that the statute did not violate the First Amendment to the U.S. Constitution. Los Angeles Police Dep'f v. United Reporting Publ'g Corp., 528 U.S. 32 (1999). 83 United Reporting Publ'g Corp. v. California Highway Patrol. No. 96 -CV -0888-8 (S.D. Cal. Aug. 13, 2001) (final judgment on consent) ("As appieed to United Reporting's activities as described in this lawsuit, section 6254(f) (3) violates United Public Records Act © 2018 Richards, Watson & Gershon 217226.3 Page 15 Part One: Compliance with the Public Records Act 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.84 The foregoing is a brief overview of this detailed and complex exemption. Police and code enforcement staff should familiarize themselves with the complete requirements of this Section prior to responding to requests for arrest and complaint information. (8) Information required from any taxpayer in connection with the collection of local taxes. Gov't Code § 6254(i). This exemption applies to information that a city or other local agency requires from any taxpayer in connection with the collection of local taxes if that information is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information. One frequent example of this is the submittal of sales or income information under a business license tax requirement where the city has indicated in its business license tax ordinance that the financial information provided will be kept confidential. If the business license is required by ordinance to list the amount of tax paid and be posted at the place of business, however, the amount of tax paid arguably is not confidential. (9) Library circulation records. Gov't Code § 6254(j). While this exemption protects from disclosure library circulation records kept for the purpose of identifying the borrower of items available in libraries, it is not applicable to records of fines imposed on the borrowers. (10) Records exempt from disclosure under other laws including, but not limited to, the Evidence Code sections relating to privilege. Gov't Code § 6254(k). This provision of the Public Records Act exempts from disclosure every document held by a local agency that is legally privileged or confidential under some law 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.") 84 89 Ops. Cal. Att'y Gen. 97 (2006). Public Records Act © 2018 Richards, Watson 8 Gershon 2172263 Page 16 Part One: Compliance with the Public Records Act 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.as 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.8,c 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."8' Further, the Court stressed that any ambiguity must be construed in "whichever way will further the people's right of access."88 On remand, the Court of Appeal clarified that specific billing entries and descriptions of work contained in attorney invoices are not subject to disclosure under the PRA, whether they related to pending, ongoing or long -concluded legal matters. The Court further found that cumulative fee totals contained in attorney invoices for pending or ongoing legal matters are also protected from disclosure by the attorney-client privilege. And finally, it found that cumulative fee totals for matters concluded long ago may be subject to disclosure only if the cumulative fee totals do not reveal anything about the legal consultation or provide any insight into legal strategy.ei Whether or not any particular fee total must be disclosed is a factual inquiry for the trial court.90 While a full discussion of attorney-client privilege and attorney work product is outside the scope of this Handbook, it is worth noting that one court held that a city waived those privileges for communications it sent to a developer prior to approval of a development project under the California Environmental Quality 85 Roberts v. City of Palmdale, 5 Cal. 4th 363, 377 (1993). 86 Los Angeles County Board of Supervisors v. Superor Court. 2 Cal. 5th 282 (2016). 87 Id., at 292. 88 Id. (citing Ardon v. City of Los Angeles. 62 Cal. 4th 1176. 1 190 (2016) and Cal. Const. art. I, § 3. subd. (b) (2) ). 89 County of Los Angeles v. superior Court. 12 Cal.App. 5th 1264. 1274 (2 Dist. 2017) . gold. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 17 Part One: Compliance with the Public Records Act Act (CEQA).9' 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.92 As a result, the city was required to include its attorneys' communications with the developer in the administrative record it prepared. In Tight of this opinion, local agencies should be cautious in sharing documents and legal opinions prepared by the agency's attorney with a project developer, and recognize that in the event it does share such documents and opinions of its attorneys, those disclosures likely waive the agency's privilege. In Labor and Workforce Development Agency v. Superior Court, the Court of Appeal extended the protection afforded by Section 6254(k) to documents revealing the deliberative process of an agency, even going so 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.,; Determining which other confidentiality laws are incorporated into the Public Records Act has always been difficult and time-consuming. In 1998, the Legislature attempted to address this problem by enacting a statute that lists most of the exemptions found in other laws.'" The list begins at Government Code Section 6276 and continues for more than 20 pages. Although the Public Records Act cautions that this list may not be complete, it is a helpful list. Two 1995 Court of Appeal decisions illustrate how documents made confidential by another law are exempt from disclosure under the Public Records Act. Both courts found that information relating to complaints against peace officers is confidential and a part of that peace officer's personnel file under Penal Code Section 832.7, and therefore exempt from disclosure under the Public Records Act. More recently, the Court of Appeal held these complaints, along with any other records generated in connection with possible administrative discipline, remain exempt from disclosure even when contained in a report investigating possible criminal wrongdoing and otherwise disclosable under the public records requests. 9i Citizens for Ceres v. Superior Court (City of Ceres), 217 Cal. App. 4th 889, 922 (5 Dist. 2013). 92 1d. at 914-921. 93 Labor and Workforce Development Agency v Superior Court. 19 Cal.App. 5th 12 (3 Dist. 2018). 9' Stats. 1997, c. 620 (5.8. 143 - Kopp). 95 City of Richmond v. Superior Court (San Francisco 8ay Guardian), 32 Cal. App. 4th 1430 11 Dist. 1995): Gty of Hemet. 37 Col. App. 4th 1411 (4 Dist. 1995): see also, Copley Press, Inc. v. Superior Court (County of San Diego), 39 Cal. 4th 1272 (2006) (holding that records of a civil service commission, relating to a peace officer's administrative appeal of a disciplinary matter. were not subject to disclosure pursuant to the Public Records Act and Penal Code Section 832 7) 96 Posodena Police Officers Association v. Superior Cour', 240 Cal App 4th 268. 290 (2 Dist. 2015) Public Records Act 2018 Richards, Watson & Gershon 2172263 Page 18 Part rine- Compliance with the Public Records Act (11) Personal financial information required of licensees. Gov't Code § 6254(n). When a local agency requires that applicants for licenses, certificates or permits submit personal financial data, that information is confidential. This exemption, however, does not apply to financial information filed by a franchisee to justify a rate increase, presumably because those affected by a rate increase have a right to know its basis.9' The term "license" was narrowly construed by the court in San Gabriel Tribune v. Superior Ct. to exempt financial information of applicants whose business with the agency is only public because they must comply with licensing requirements and regulations. To give effect to the Public Records Act policy that favors disclosure over secrecy in government, the court concluded that a franchisee is akin to a contractual relationship and is not an applicant for a license under Section 6254(n). (12) Terrorist assessment reports. Gov't Code § 6254(aa). A document prepared that assesses a local government's vulnerability to terrorist attacks or other criminal acts intended to disrupt the local agency's operations is exempt from disclosure if he document is prepared for distribution or consideration in a dosed session of the local agency. (13) Voter registration information. Gov't Code § 6254.4. The home address, telephone number, email address, precinct number and prior registration information shown on voter registration cards is confidential. Disclosure of that information is permitted only to candidates and campaigns, and to any person for election, scholarly, journalistic, or political purposes pursuant to Section 2194(a)(3) of the Elections Code. The driver's license number, social security number, and signature of the voter shown on the voter registration card are confidential and cannot be disclosed to any person. We believe that this exemption extends to any document that by law must include the information made confidential by this Section, including applications for absentee ballots and returned absentee ballot packages. Beginning January 1, 2014, however, voter registration information identified under Section 97 San Gabriel Tribune v. Superior Court (City of West Covina,, 143 Cal. App. 3d 762. 779.780 (2 Dist. 1983). Public Records Act © 2018 Richards, Watson 8. Gershon 217226.3 Page 19 Part One: Compliance with the Public Records Act 6254.4 of the Government Code must be made available to the public if it is at least one hundred years old."R (14) Utility customer information. Gov't Code § 6254.16. The name, credit history, utility usage data, home address, and telephone number of utility customers of local agencies are exempt from disclosure, except in certain circumstances. This information may be disclosed to authorized family members of the person to whom the information pertains or his or her agent, to an officer or employee of another governmental agency when necessary to perform official duties, or upon court order or the request of law enforcement for an ongoing investigation. In addition, the information may be disclosed if the utility customer has used the utility services in a manner inconsistent with applicable local utility usage policies. If the utility customer is a public official with authority to determine utility usage policies, the information may be disclosed except that the home address of an appointed official may not be disclosed without the official's consent. Lastly, the information may be disclosed if the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure. (15) Unauthorized Internet posting of officials' addresses and telephone numbers. Gov't Code § 6254.21. The posting of the home address or telephone number of any elected or appointed official on the Internet by a local agency without that individual's written permission is prohibited. The definition of "elected or appointed officials" includes, but is not limited to, members of a City council, members of a board of supervisors, mayors, City attorneys, police chiefs and sheriffs. It is a misdemeanor for any person to post such information with the intent to cause bodily injury to the official, his or her spouse or child. The official may bring an action for damages under certain circumstances. If bodily injury occurs as a result of the posting, then the posting could become a felony. If a person, business, or association publicly posts on the Internet the home address or telephone number of any elected or appointed official, the official may make a written demand to have the information removed. An official may bring an action in court to seek injunctive relief in the event the posting is not removed or is posted again during the four years that the written demand is in effect. 99 Cal. Elec. Code § 2194.1: Stats. 2013. c. 118 (S.B. 112 - Monning) Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 20 'art One: Compliance with the Public Records Act (16) Social Security Numbers. Gov't Code § 6254.29. Local agencies must redact social security numbers from records before disclosing them to the public. (17) General public interest exemption. Gov't Code § 6255. In cases where a specific statutory exemption does not apply, a record still might be exempt from disclosure if: on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. - 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.11x 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, Two 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,102 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 99 Gov't Code § 6255. 100 City of Hemet. 37 Cal. App. 4th at 1421: see also Black Pcnther Party, 42 Cal. App. 3d at 657. 101 See, e.g., Michaelis, Montanan & Johnson v. Superior Ccurt (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 discbsure until City had completed negotiations where negotiations were part of the competitive process). 102 See, e.g.. Michaelis, Montano& & 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 hom disclosure until City had completed negotiations where negotiations were part of the competitive process). Public Records Act ({ 2018 Richards, Watson & Gershon 2172263 Page 21 Part One: Compliance with the Public Records Act 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.' 1 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"it14 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. 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."'c 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: • Connell v. Superior Court (Intersource, Inc.) 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.ii13 • Copley Press, Inc. v. Superior Court (M.P.R. - a minor) 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. 1(X5 Id. at 1344-46. 104 Gov't Code § 6254(1). 105 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. 106 Rogers v. Superior Court (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993). 107 56 Cal. App. 4th 601 (3 Dist. 1997). 1°8 Government Code Section 6257.5 states that the Public Records Act "does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure " 1°9 63 Cal. App. 4th 367 (4 Dist. 1998). Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Paye 22 Part One Compliance with the Public Records Act • CBS, Inc. v. Blo ck " 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 A City's nondisclosure of personnel records and letters appointing an employee and then rescinding the appointment was not justified by the theory that future applicants would not be candid if they knew personal information would be made public. • Humane Society of U.S. v. Superior Court (The Regents of the University of California) "2 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." 1 1 • Los Angeles Unified School District v. Superior Court (Los Angeles Times) 14 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 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 110 42 Cal. 3d 646 (1986). 11' 154 Cal. App. 3d 332 (5 Dist. 1984). 112 214 Cal. App. 4th 1233 (3 Dist. 2013). 113Id. at 1263. 114 228 Col.App. 4th 222 (2 Dist. 2014) . 115 59 Cal. 4th 59 (2014). Public Records Act @ 2018 Richards, Watson & Gershon 2172263 Pulte 23 Part One: Compliance with the Public Records Act death - were outweighed by the public's interest in such incidents. The California Supreme Court held that in order for names of peace officers involved in such incidents to be exempt from disclosure, there must be a particularized showing of safety concerns regarding those officers. • 90 Ops. Cal. Att'y Gen. 40 (2007) County recorder's accounting records that include a payment receipt showing the documentary transfer tax amount is subject to inspection under the Public Records Act. While the statutory scheme allows the documentary transfer tax to appear on a separate paper rather than on the recorded property conveyance document, that procedure provides only limited privacy protection for property owners and does not make the documentary transfer tax amount confidential. • 81 Ops. Cal. Att'y Gen. 383 (1998) Claims for senior citizens' exemptions from assessment of a parcel tax levied by a school district are subject to inspection by members of the general public. The concern that the residents' privacy would be compromised by solicitors targeting senior citizens was insufficient to overcome the public interest in disclosure. X. WHAT IS THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST? The following is a brief outline of the proper response procedure, as required by Government Code Section 6253. A. The agency has ten calendar days to determine whether to grant the request. Grounds for refusing a request include: • The request does not seek records which are "reasonably segregable" from records which are exempt from disclosure: • The request does not reasonably describe an identifiable record; • The request would require the agency to create new records not currently in existence; or 18 • The request seeks records which are exempt from disclosure.119 116 Gov't Code § 6253(0). 117 Gov't Code § 6253(b). 118 Based upon the definition of "writing," Gov't Code § 6252(g), and the requirement that a requested record be "identifiable." Govt Code § 6253(bl 119 Gov't Code § 6253(b). Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 24 Port One: Compliance with the Public Records Act 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. 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;', • The need to search for, collect and examine a voluminous amount of separate and distinct records demanded in a single request: 2 • The need for consultation with another agency having a substantial interest in the request or among two or more components of the agency having an interest in the subject matter of the request;1 2, or • The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.L 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. 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; ''h • 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);'27 12° Gov't Code § 6253(a). 121 Gov't Code § 6253(c)(I). 122 Gov't Code § 6253(c)(2). 123 Gov't Code § 6253(0(3). 124 Gov't Code § 6253(0(4). 125 Gov't Code § 6253(c). Ila Gov't Code § 6253(c). Public Records Act © 2018 Richards, Watson & Gershon 2172263 Paye 25 Pari 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; • The name and title or position of the person responsible for the denial;l29 • 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.) 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. ,11 • The option to inspect the requested records at a mutually convenient time during office hours.15 • 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.' 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; s^ 121 Gov't Code § 6253(c). 128 Gov't Code §§ 6255. 6253(c). 124 Gov't Code § 6253(d). 13° Gov't Code § 6253(b); North County Parents Organization v. Dept of Education, 23 Cal. App. 4th 144 (4 Dist. 1994) 131 Gov't Code § 6253.9(b). 132 Gov't Code § 6253(a). 133 Gov't Code § 6253(f), 134 Gov't Code § 6253.1(0) (1). Public Records Act © 2018 Richards. watson & Gershon 2172263 Page 26 Part One: Compliance with the Public Records Act • Describe the information technology and physical location in which the records exist:135 • Provide suggestions for overcoming any practical basis for denying access to the records or the information sought.136 Alternatively, a local agency may forego these requirements if it instead makes available an index of the record.137 E. Upon payment of the cost of duplication, the agency must make the records "promptly available." F. Please note that the agency may not use this procedure to "obstruct the inspection or copying" of public records. This provision previously read "delay access for the purposes of inspecting." The newer language appears to create slightly more flexibility for local agencies as a delay may naturally result from following the required procedures.., G. The local agency may provide guidelines for "faster, more efficient, or greater" access to records than provided by the Act. 135 Gov't Code § 6253.1(01(2). 136 Gov't Code § 6253.1 (a) (3). 137 Gov't Code § 6253. I (d) (3). 138 Gov't Code § 6253(b). 139 Gov't Code § 6253(d). 40 Gov't Code § 6253(e). Pubic Records Act © 2018 Richards, Watson & Gershon 2172263 Poge 27 Part One: Compliance with the Public Records Act Xl. 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.14' However, if a person requesting public records believes records have been improperly withheld, he or she may ask a court to compel a local agency to disclose the records.)a- Any person who prevails in enforcing his or her rights under the Act in court is entitled to receive court costs and reasonable attorney fees.', 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.144 The production of just one document can be sufficient to trigger an award of costs and fees.145 In the past, where the court determined the litigation was not what ultimately motivated the release of records, costs and fees were denied.16 One court held that an award of attorney's fees was appropriate even though no additional records were produced as a result of the lawsuit.147 The local agency in that case had repeatedly refused to accept a requester's oral request to inspect public records and forced the requester to make her request in writing, constituting a general denial of access to all public records and justifying an award of attorney's fees under the circumstances. XII. CONCLUSION This Handbook provides a brief overview of some of the most important provisions of the Public Records Act that frequently arise for local government agencies. There are, however, many other provisions not covered by the scope of this Handbook. Additionally, each factual situation contains nuances specific to the particular situation that may impact the analysis. Because it is important to comply with the Public Records Act within a relatively short time frame, it is critical to seek the advice of counsel if there is any question as to the appropriate course of action. 14� County of Santa Clara v. Superior Court (Naymarkl• 171 Cal. App. 4th 119. 130 (6 Dist. 2009). 142 Gov't Code § 6258 143 Gov't Code § 6259(d). 144 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). 145 Los Angeles Times. 88 Cal. App. 4th at 1392. 1461d. at 1391: Crews v. Willows Unified School District 217 Cal App 4th 1368. 1381-82 (3 Dist. 2013) 147 Golbiso v. Orosi Public Utility District. 167 Cal. App. 4th 1063. 1086-1089 (5 Dist. 2008). Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 28 PART TWO. ELECTRONIC RECORDS Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 29 part Two: Electronic Records ELECTRONIC RECORDS Advances in computer technology have significantly altered the method of communication with and between public officials and employees, but technological developments have outpaced the legislation. Email, electronic documents created on word processors, and web pages do not readily fit into the categories of disclosure under decades -old laws. The courts have had to fit the round peg of electronic documents into the square hole of state law on several occasions. In 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.14, 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 holaing 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. 4, Similarly, in People v. Martinez, the California Supreme Court held that records from a state computer system of a defendant's prior criminal convictions were admissible as "official records" under the Evidence Code.' , In an attempt to catch up, in 2002 the Legislature enacted Assembly Bill 1962, 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 148 Aguimatang v. California State Lottery. 234 Cal. App. 3d 169 (3 Dist. 1991). 1i9 Id. at 798 (emphasis added). 150 People v. Martinez. 22 Cal. 4th 106 (2000). Public Records Act © 2018 Richards, Watson & Gershon 2172263 I'oge .3u Part Two. Electronic Records tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof," and clarified that the definition applied "regardless of the manner in which the record has been stored. The legislative reports 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. 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.15j Under the 2006 Rules, a public entity should have an electronic retention practice and policy that ensures that electronic documents relevant to federal litigation are appropriately preserved. Rule 37 of the Federal Rules of Civil Procedure authorizes federal courts to impose sanctions on parties and their attorneys who fail to comply with discovery obligations and court orders. City websites, in turn, raise questions about public rights of access. Websites are an important means of providing residents with access to information. An improperly framed policy on website use, however, could result in violations of the Brown Act, infringe upon residents' First Amendment rights, and even violate disability access laws. Consequently, it is important to establish clear policies governing website design and use. This Part 2 on Electronic Records will begin by discussing the types of email that are public records, and what exemptions under the Public Records Act might justify nondisclosure. Other unique issues raised by the use of email are also explored, such as emails sent or received by public officials and employees on nongovernmental accounts, email threads and the potential risk of using email to create an unlawful serial meeting under the Brown Act. We then look at the Public Records Act requirements for disclosure of other types of electronic records, including Geographic Information Systems. 151 Stats. 2002. c. 945 (A.B. 1962—Hollingsworth) (amending Gov't Code § 6252 and Evid. Code § 250). 152 Assembly Committee on Judiciary, Report on AB 1962, May 14. 2002 (citing San Gabriel tribune v. Superior Court, 143 Cal. App. 3d 762. 774 (1 Dist. 1983)) 153 Fed. R. Civ. P. 26. Public Records Act Cd 2018 Richards. Watson & Gershon 2172263 Page 31 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 6252, in most circumstances a public entity is under an obligation to disclose email upon request. However, there are a number of complications, and despite AB 1962's attempt to respond to the changed method of communication, the bill provided nothing in the way of specifics. A. Is the Email a Public Record? Under the Public Records Act, certain exemptions might apply to justify withholding an email. But a fundamental question - one that must be considered before determining whether an exemption applies - is whether the document qualifies as a "public record" of the local agency. (1) Personal Messages Documents disclosable under the Puolic 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. Although this covers a very broad range of documents, it does not cover every document. For example, emails on entirely personal subjects unrelated to local agency business would not relate to the conduct of the public's business, and therefore would not constitute "public records" under Section 6252.1 A harder determination is whether a personal email that only mentions a city issue in passing would relate to the conduct of the public's business. Recently the California Supreme Court held the determination whether a particular email qualifies as a public record, particularly for emails kept in personal accounts, will involve the consideration of a number of factors and may not always be clear. 6 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. 154 Gov't Code § 6252. 155 City of San Jose v. Superior Court, 2 Cal. 5th 608 (2017). 150 Id, 151 Id. Public Records ACt © 2018 Richards, Watson & Gershon 2172263 Page 3 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), from a home computer or smartphone and which pertain to local agency business, qualify as a public record. The California Supreme Court recently decided this very issue, and held in a unanimous decision that the presumptive right of access of the PRA extends to emails and texts sent or received on nongovernmental accounts, whether on private or government -issued devices, used by local agency employees or officials that relate to the business of that local agency. In City of San Jose v. Superior Court, a request for 32 categories of public records was filed with the City of San Jose, four of those categories included emails and text messages sent or received on private electronic devices used by the mayor, two City council members, and their staffs.',, The City argued such emails were outside the reach of the PRA; both because the emails were not directly accessible to the City and thus did not qualify as writings "prepared, owned, used or retained" by the City under the Section 6252 definition of "public records," and because neither employees or officials are included within the governmental entities listed in the definition of "local agency," also found under Section 6252. 6, 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.' 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.m, 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.'' 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 158 Id. at 629. 159 Id. at 615. 160 Id. at 619-23. 161 Id.at621. 162 Id. 163 Id. at 627-29. Puolic Records Act © 2018 Richards. Watson & Gershon 2172263 "aye 33 Part Two: Electronic Records employees or officials that pertain to the public's business.[-, 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. A local agency may then reasonably rely on those individuals "to search their own personal files, accounts and devices for responsive material." ,6 Citing both federal precedent under 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 wou d give the local agency, requester, and ultimately the trial court reassurance that responsive records were appropriately searched on nongovernmental accounts:67 Such an approach must also strike "an appropriate balance" with the individual's right of privacy in their personal affairs. 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.»»U Similarly, the decision does not address at what point a suggested search in response to a PRA request would become an unwarranted invasion on the privacy of a local agency employee or official*, In responding to requests for communications sent or received on an individual's nongovernmental account, it is advisable to consult with your legal counsel. Counsel should also be consulted if an agency requires access to potentially responsive documents or communications that are on an employee's private device and not accessible to the agency (for example, documents saved on an employee's home computer hard drive). Our office is also available to help draft policies that seek to reduce the likelihood that public records will be held in an ogency 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. 1641d. a1628. 165 Id 166 Id. 167 Id 168 Id 1691dat618 I101d. at 627. 171 Private, nongovernmental devices should never be seized by the ogency, or accessed without the employee's consent, even it the agency believes the device contains material responsive to a PRA request. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 34 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 recently described by the California Supreme Court, "the ease and immediacy of electronic communication has encouraged a commonplace tendency to share fleeting thoughts and random bits of information, with varying degrees of import, often to broad audiences."i72 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;,' 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 it 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.' '4 It is sometimes referred to as the "executive privilege, but has been applied to records of both the executive branch (e.g., the governor) and the legislative branch (e.g., a City council).17 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."177 The deliberative process privilege uses a balancing test, whereas the mental process principle does not, making the mental process principle exemption less subjective.17j (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 112 id. at 618. 173 See pages 21-24 of this Handbook. 174 Times Mirror Co. v. Superior Court. 53 Col. 3d 1325, 1342 (1991). 175 Suffer's Place v. Superior Court 161 Cal. App. 4th 1370, 1378 (6 Dist. 2008). 176 Times Mirror Co., 53 Cal. 3d 1325 (governor's calendars and schedule): Rogers v. Superior Court. 19 Cal. App. 4th 469 (2 Dist. 1993) (City council phone records). 177 Sutler's Place, 161 Cal. App. 4th at 1377. I/8 Id. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 35 Part Two: Electronic Records records may be withheld on deliberative process grounds. The deliberative process privilege arises under the "catch-all" exemption contained in Section 6255 of the Government Code. Under the "catch-all" exemption, a public agency may justify nondisclosure by showing "that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." To apply the deliberative process privilege: • First, consider whether the record falls within the scope of the privilege. Generally, records that are predecisional and deliberative (opinion) fall within the scope, but some courts have not strictly applied a predecisional requirement and have permitted purely factual material thaf exposes the deliberative process to fall within the privilege.,„' • 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 decisionmaking process so that candid discussion within the agency is not discouraged;1M (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;' (3) Protection against confusion caused by premature exposure of the public to internal agency discussions before a policy is finalized; 'ti, (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. -"A • Third, identify the public interest served by disclosure of the record. Courts have emphasized that a primary benefit of disclosing a local 179 Times Mirror Co.. 53 Cal. 3d 1325. 180 Rogers, 19 Cal. App. 4th at 479 (rejecting a predecisional requirement and withholding from disclosure pure facts. that is. telephone numbers called by staff and City council members). 181 Times Mirror Co.. 53 Cal. 3d at 1343. 182 Id. at 1344 (disclosure of Governor's schedule and appointment calendar would "chill the flow of information” to the Governor and inhibit the free exchange of ideas in private meetings). 183 Colifomio First Amendment Coalition v. Superior Court 67 Col. App 4th 159. 170 (3 Dist. 1998). 184 ld. (internal quotations and citations omitted). Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 36 Port Two Electronic Records agency's records to the public is to promote government accountability. The public and the media have a legitimate need to know whether government officials are performing their duties in a responsible and diligent manner. N "Such access permits checks against the arbitrary exercise of official power and secrecy in the political process." • Fourth, balance the two, and withhold the record from disclosure only if the identified public interest justifying nondisclosure "clearly outweighs" the public interest justifying disclosure. In balancing the scales, the weight of an identified public interest in disclosure is "proportionate to the gravity of the governmental tasks sought to be illuminated and the directness with which the disclosure will serve to illuminate." '3' 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.' 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.:89 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. 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, 185 Times Mirror Co. 53 Cal. 3d at 1345. 184 CBS v. Block, 42 Cal. 3d 646, 651 (1986). 187 Citizens for a Better Environment v. Department of Food & Agriculture. 171 Cal. App. 3d 704, 715 (3 Dist. 1985). 188 California First Amendment Coalition, 67 Cal. App. 4th 01 159. 189 Id. at 171-72 (quoting rimes Mirror Co., 53 Cal. 3d 1325. 1345). 190 Id. at 173-74. Pubkc Records Act C 2018 Richards, Watson & Gershon 21/2263 Page 37 Part Two: Electronic Records emails discussing preliminary ideas and concepts about the item may be subject to the deliberative process privilege. Another example is provided by Times Mirror Co. v. Superior Court.'Q1 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 . . . ." Disclosure of who the Governor meets with reveals who is influencing his decisions. The Governor argued disclosure of his calendar would reveal his deliberative process, and could discourage certain people from meeting with him. In balancing these interests, the California Supreme Court concluded that nondisclosure was justified, reasoning that "if the public and the Governor were entitled to precisely the same information, neither would likely receive it." The court added that the "massive weight" of the request (five years' worth of calendars), outweighed whatever merit there was in favor of disclosure. The court noted, however, that there may be circumstances under which the public interest in specific information is more compelling, and such a specific, focused request might tip the scales in favor of disclosure.'94 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.j95 Citizen groups sued, challenging in part the administrative record. Lodi argued the emails were exempt from disclosure pursuant to the deliberative process privilege because disclosure would hamper "candid dialogue and a testing and challenging of the approaches taken."196 The Court of Appeal disagreed, finding that Lodi had failed to establish the conditions for creating the privilege. Lodi had done nothing more than cite the policy behind the deliberative process privilege without explaining why the facts in this particular case justified invocation of the privilege. However, because the Court of Appeal was deciding the case under the California Environmental Quality Act ("CEQA"), and not the Public Records Act, the Court found there was no prejudice and refused to reverse the lower court's ruling. In comparison, the public entity in Humane Society of the United States v. Superior Court, provided detailed declarations from employees and experts 191 times Mirror Co.. 53 Cal. 3d at 1344. 92 td 193 Id at 1345. 19414. at 1345-1346. 195 Citizens for Open Government v. City of Lodi. 205 Cal. App. 4th 296 (3 Dist. 2012) ("Lodi"). 196 Id. at 307. Public Records Act cp 2018 Richards, Watson & Gershon 2172263 Page :.a6 Port Two: Electronic Records explaining why disclosing certain research documents would harm the research process.197 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.198 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.l99 In balancing the public interests, the court concluded that disclosure of the emails "would fundamentally impair the academic research process." Given the pervasiveness of email today, the deliberative process privilege seems well-suited to protect predecisional email communications from disclosure. Nevertheless, California courts have approved the use of the deliberative process privilege sparingly, and require local agencies to provide particularized factual evidence in support of its use. Prior 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.2'a, Under California state common law, a court is prohibited from inquiring into the motives or subjective mental processes of legislators in enacting a particular piece of legislation except as those motives may be disclosed on the face of the legislative acts, or inferred from their operation., This "mental process 197 Humane Society of the United States v. Superior Court /Regents of the University of California, real parties in interest/. 214 Cal. App. 4th 1233 (3 Dist. 2013). 198 id. at 1241-1244. 199 Id. at 1258. 200 Gov't Code § 6254(k). 201 Sutter's Place, 161 Cal. App. 4th at 1375. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 39 Port Two. Electronic Records principle" permits a local agency to withhold public records that would reveal the mental processes or subjective motives of its legislative body members when they are acting in a legislative capacity. Unlike the deliberative process privilege, which relies on a balancing test,x,' records reflecting the "mental processes" of legislators are not subject to a balancing test.201 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/Infra-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" are not subject to disclosure.2')^ A written policy of deleting emails more than 120 days old (or some similar duration) would help establish that emails are not retained "in the ordinary course of business." A software modification that automatically deletes older emails would ensure that they are not retained, provided staff is notified of the pending purge and takes steps to retain those emails that, based on their content, must be retained under the local agency's records retention schedule. There are a few caveats, however. First, note that deleting an email is not the end of the story. Popular email programs such as Microsoft Outlook have "deleted items" folders that retain messages for a time after "deletion," in order to give the user an opportunity to "undo" an accidental deletion. If a local agency received a request for an email that had been deleted, but was still on the computer in the "deleted items" folder, it technically would still be in the possession of the agency and may be subject to disclosure. To eliminate this 201 Gov't Code § 6255. 203 See Times Mirror Co.. 53 Cal. 3d at 1339 nn.9-10 (noting that these records are exempt under the mental process principle through operation of Section 6254(k)). 204 Gov't Code § 6254(a). For a discussion on the conditions that must be met to utilize Section 6254(a) see pages 11 12 of this Handbook. Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 40 Part Two: Electronic Records potential issue from arising, an agency must ensure that the deletion becomes final and irreversible. If the agency desires or is required to save a copy of certain emails, then it should print and file such emails, or store them electronically in a location that is not subject to automatic purging. Second, note that the Section 6254(a) exemption is not absolute. The full text of the exemption provides that drafts, notes, and inter/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 6254(k); certain personal financial data may be exempt under Section 6254(n); and personnel and medical files may be withheld under Section 6254(c). The same care should be used in reviewing responsive emails as any other material that may be subject to disclosure, and Part One, Section IX (What Public Records are Exempt from Disclosure under the Public Records Act?) of this Handbook should be consulted for additional information. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 41 Part Two Hectroric Record: 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 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 Original Messaae From: City Clerk To: Joe Employee, lane Employee, City Manager Date: April 2, 2007 12:15 p.m. Subject: RE: Question More money and lots more money. Original From: To: Date: subject: Message City Manager Joe Employee, Jane Employee, City Clerk April 2, 2007 12:10 p.m. RE: Question I didn't know we were discussing compensation. what are the proposals' Original From: To: Date: Subject: Messaa City Clerk Joe Employee, ]ane Employee, City Manager April 2, 2007 12:05 p.m. RE: Question I think the study session on the new library is next month. It will be at the same meeting as we discuss Council compensation. Original Message From: Joe Employee TO: Jane Employee, City Clerk, City Manager Date: April 2, 2007 12:00 p.m. subject: Question Do you know when the Council is going to have a study session on possibly constructing a new library's Pubic Records Act © 2018 Richards, Watson & Gershon 2172263 Faye 42 Part Two Electronic Records have to explain in detail the information that was redacted., 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. In the past, the Brown Act specifically forbade the use of technological devices to conduct those communications. In interpreting the prior version of this Brown Act provision, the California Attorney General opined that email is one of these "technological devices."1o' The Brown Act provisions regarding serial meetings was amended effective January 1, 2009, and the phrase "technological devices" was removed when the provision was revised. It is unlikely that the legislature, in omitting the phrase "technological devices," intended to exclude email. The primary mechanism for creating serial meetings via email is through the use of "reply all." For example, if a public employee sends an email to an entire City council, and then one of those council members' replies to the entire list of recipients, then a communication would have taken place between a majority of the City council. If the purpose of the council member's reply was to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body," the communication would constitute a serial meeting in violation of the Brown Act.7)A Accordingly, public officials must endeavor to use "reply all" sparingly, if at all. A "reply all" congratulating a 205 American Civil liberties Union of Northern California v. Superior Court, 202 Col. App. 4th 55, 78-87 (I Dist. 20111. 206 Gov't Code § 54952.2(b) (1). 207 84 Ops. Col. Att'y Gen. 30 (2001). 208 Gov't Code § 54952.20)(1). Public Records Act © 2018 Richards, Watson & Gershon 2172263 Puye 43 Part Two: Electronic Records council member for receiving an award would be permissible; a "reply all" expressing an opinion about an issue within the subject matter jurisdiction of the City council would not. G. Disclosure Requirements for Documents at Meetings Although the deliberative process privilege may apply to many emails, note that even that privilege is unlikely to apply if 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.' --a The statute goes on to clarify that it does not overrule the exceptions for drafts, documents related to pending litigation, personnel files, medical files, and a number of other exceptions, but it does expressly overrule the "catch-all" provision on which the deliberative process privilege is based. Note that Section 6254(k), under which the mental process principle is applied, is not overruled by the Brown Act, and still would be applicable. Unlike records disclosable under the Public Records Act, which gives public entities ten days to respond to a request and additional time to produce the documents, a public agency must produce documents under this section of the Brown Act "without delay."/In 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.21, 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 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 care`ully 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 209 Gov't Code § 54957.5. 210 Gov't Code § 54957.5(a). 211 Gov't Code § 54957.5(c) Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 44 Part Two: Electronic Records avoiding unwanted disclosure, of course, is simply not to write the email in the first place. II. DOCUMENTS CREATED USING WORD PROCESSORS, GIS AND OTHER SOFTWARE A. Disclosure Requirements (1) Public Records Act Electronic records are subject to disclosure under the Public Records Act pursuant to Section 6253.9 of the Government Code. A public agency that has information constituting a public record in an electronic format must make that information available in electronic form upon request.212 An agency is not required to reconstruct an electronic record if it is no longer available in that format.2 ; 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.) 4 On the other hand, not every piece of data stored on a computer readily fits the definition of "record." Unlike word processing documents, information stored in a database or a spreadsheet, for example, may only be displayed in response to the user's entering a formula or query. For such data, there are special statutory provisions. With conventional (printed) documents, the public agency may only charge for the direct cost of duplication, not including staff time to research, retrieve or compile the records. For electronic records, however, the agency may charge the full cost of reproducing the document, if the record is one that is produced only at otherwise regularly scheduled intervals, or the request would require data compilation, extraction, or programming to produce the record.71, 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. "Gov't Code § 6253.9(a). 213 Gov't Code § 6253.9(c). 214 Gov't Code § 6253.9(d). (e). 215 Gov't Code § 6253(b) 216 Gov't Code § 6253.9(b). Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 45 Pari Two: Electronic Records In 2013, the California Supreme Court disagreed with that argument. In Sierra Club v. Superior Court, the Court held that a GIS -formatted database is a public record that, unless otherwise exempt from disclosure. must be produced upon request and the local agency may only charge the actual cost of duplication./ The County of Orange had argued that its GIS database was not a public record. The court disagreed that Section 6254.9 excluded from the Public Records Act's disclosure requirements a GIS database, 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. 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'', The statute expressly exempts computer mapping systems, computer programs, and computer graphic systems, and states that nothing in the statute is intended to limit any copyright protections. Accordingly, a requester may not seek to obtain the software that creates the records, only the records themselves.,' 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!... However, a bill signed into law in 2015, adding Section 6270.5 to the Public Records Act, requires local agencies (except local educational agencies) to create a catalog of "enterprise systems," that must be publicly available on the local agency's website by July 1, 2016. An enterprise system is defined as a "software application or computer system that collects, stores, exchanges and analyzes information" used by the local agency as a system of record, and acts either across multiple agency departments, or collects information about the public.221 While Section 6270.5 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 217 Siena Club v. Superior Court, 57 Cal. 4th 157 (2013) 218 Gov't Code § 6254.9 ("Computer software developed by a state or tical agency is not itself a public record under this chapter."). 219 Sierra Club. 57 Cal. 4th at 170-171; see also Gov't Code § 6254.9(b). 220 Gov't Code § 6254.19. 221 Gov't Code § 6270.5(cl O (. Public Records Act C 2018 Richards, Watson & Gershon 2172263 Page 46 Part Two: Electronic Records cybersecurity systems) and infrastructure and mechanical control systems (for example, systems that manage water or sewage functions).22) (2) Federal Rule 26 In 2006, revisions to Rule 26 of the Federal Rules of Civil Procedure took effect that requires parties in federal court to address the production and preservation of electronic records during the discovery phase of litigation. These rule changes do not require a local agency to alter its routine management or storage of electronic information. They do, however, illustrate the importance of having formal written rules for retention of potentially relevant records and data when litigation occurs. It is firmly established that a duty to preserve evidence arises from the moment litigation is "reasonably anticipated."22; 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.";24 Discovery is the process by which parties involved in litigation in either state or federal courts obtain information from other parties. Under Rule 26, parties in a federal lawsuit may obtain discovery regarding any matter that is relevant to a claim or defense, so long as it is not privileged. According to Rule 26(a) what can be discovered includes "documents," "tangible things," and "electronically stored information," which is broadly defined as "any type of information that is stored electronically." The 2006 changes to Rule 26 alter discovery in four major ways: a. Penalties (sanctions) on parties are now limited for electronic information lost in good faith as a result of the routine operation of computer systems, such as purging or overwriting information; b. Parties must address electronic discovery issues at the beginning of litigation, including the form in which electronic information will be produced to the other party, the preservation of electronic information, and claims of privilege for electronic information:, c. Parties must produce relevant information from electronic sources that are "reasonably accessible" but may not have to produce information from older or backup systems if it imposes an undue burden or cost. The requesting party can, however, overcome a showing of undue burden or cost if they can establish "good cause" for doing so; and 222 See pages 123-124 of this Handbook. 223 Zubuioke v. UBS warburg, LLC, 229 F.R.D. 422, 431 (S.D.N.Y. 2004). 224 Id. at 432; accord In re Napsfer Inc. Copyright Litig., 462 F. Supp 2d 1060, 1070 (N.D. Cal. 2006), 225 Fed. R. Civ. P. 26(f) (3) (C) Public Records Act 2018 Richards. Watson & Gershon 2172263 Page 47 Part Two: Electronic Records d. Privileges are retained for documents inadvertently disclosed. Such documents may be recalled by the disclosing party. In such cases, the privilege is not waived. The discovery rule changes do not require a local agency to alter its routine handling of electronically stored information prior to when litigation can reasonably be anticipated. The drafters of the rules recognized that electronic information might be routinely altered, purged or overwritten as part of a system's operation. Under the 2006 rev.sions to Rule 37(f), the routine purging of outdated electronic information, including the "alteration or overwriting of information...to meet the party's technical and business needs" continues to be permissible, so long as it is done in accordance with other laws, such as the records retention laws in Government Code Sections 34090-34090.8. These sections permit a city, for example, to destroy certain city records that are "no longer required" and are more than two years old if authorized by a City council resolution and the written consent of the City attorney. Records that may not be destroyed include: real property title records, court records, records required to be kept by statute, records less than two years old, and the minutes, ordinances, or resolutions of the legislative body, City board, or commissions. However, once litigation can be reasonably anticipated, a local agency has a duty to preserve potentially relevant information for discovery. In some cases, the local agency may have to suspend the routine operation of its information systems in order to preserve information potentially relevant to the litigation. In such cases, it must act in good faith and not sit idly by while potentially relevant information is purged from its systems; "[t]he good faith requirement of Rule 37(f) means that a party is not permitted to exploit the routine operation of an information system to thwart discovery obligations by allowing that operation to continue in order to destroy specific stored information that it is required to preserve."2» 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 n accordance with Government Code Sections 34090-34090.8 and any other applicable laws governing the preservation of city records. 226 Fed. R. Civ. P. 37(f) Advisory Committee Note. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Nage 43 Pori iwo: Electronic Records The other discovery rule changes 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 "issues relating to disclosure or discovery of electronically stored information." No part of electronic discovery is more important for determining the scope of the preservation obligation than the pre -scheduling conference meet and confer provided under Rule 26(f). Rule 26(f) explicitly directs the parties to discuss the form in which electronic information will be produced, how it will be preserved, and how to address claims that certain information is privileged. The pre -scheduling conference meet and confer can be the single most important factor to reduce costs and burdens of discovery. In order for a local agency's counsel to be prepared to discuss these issues, the rules note that it is "important for counsel to become familiar with those systems before the conference." In some cases, counsel may have to identify and interview individuals with special knowledge of the agency's computer systems. Rule 26(b) requires the parties to identify whether "reasonably accessible" electronic sources can provide all of the relevant, non -privileged, information. Parties will need to distinguish these "reasonably accessible" sources from those that are not "reasonably accessible" because of undue burden or cost. Examples of information that might not be reasonably accessible include: • deleted items, • fragmented or damaged data, • information kept on some back-up tape systems for disaster recovery purposes, and • legacy data remaining from systems no longer in use. 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 now be prepared to explain how their electronic information systems work, which systems contain information potentially relevant to the litigation, how those systems are accessed, and the costs of accessing archival or older systems. Having a written policy in place will reduce the costs and staff time associated with Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 49 Part Two. Electronic Records complying with these discovery rules. It will also aid staff in familiarizing themselves with the operations of the agency's computer data and storage systems as well as any external storage and backup systems, and in explaining these operations to agency counsel and opposing parties. Finally, having a written policy will minimize the likelihood of destroying discoverable materials and thus dramatically reduce the chance that an agency will be hit with discovery sanctions during litigation. Taken together, the changes to the federal discovery rules make it advisable for a local agency to put in writing its procedures for managing electronic information. In light of these rules and obligations and as a first step to forming or maintaining an already -created written policy on electronically stored information, public agencies should review their operating systems to ensure they understand how electronic information is currently stored and retained. In addition, public agencies should examine their data recovery systems and archival data to determine the type of information contained in these systems, and to understand the costs associated with retrieving such data. Agencies should also regularly review their written policies once implemented to ensure that they remain up to date as new technologies and systems replace old ones. (3) AB 5 Amends the California Civil Discovery Act to Establish 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 following the 2006 amendments to the Federal Rules of Civil Procedure. Electronically stored information is broadly defined by AB 52i' as any information that is stored in an electronic medium, including+- e-mails, documents, spread sheets and any other information stored in computers and other electronic devices.228 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."229 AB 5 specifically provides that a court shall not impose sanctions on a party for failing to provide electronically stored information that has been lost, damaged, altered or overwritten as the result of the routine, good faith operation of an electronic 227 See Code of Civ. Proc. §§ 1985.8, 2016.020, and 2031.010 et seq. 228 Code of Civ. Proc. § 2016.020(e) 229 Code of Civ. Proc. § 2031.320(d). Public Records Act 2018 Richards. Watson & Gershon 2172263 Page 50 Part Two. Electronic Records information system.? 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.- i1 Further, as with federal court litigation, once state court litigation is reasonably anticipated, public agencies have a duty to stop automatic destruction processes and preserve potentially relevant electronically stored information in the format in which it currently exists, notwithstanding the normal document retention policy that might otherwise permit destruction. In the event litigation is reasonably anticipated, public agencies should ensure that "litigation holds" are applied to electronically stored information potentially relevant to the litigation, so that it is not deleted, whether intentionally or by automatic computer processes. The retention of information that may be potentially relevant to anticipated litigation should also be a part of the agency's written policy on electronically stored information. In light of a recent California Supreme Court decision outlining the broad scope of discovery, agencies are advised to consult legal counsel in determining the breadth of a litigation hold. Documents and information that the agency believes to be protected under a right to privacy argument should still be preserved, if even potentially relevant to the litigation. In Williams v. Superior Court, the Court stated that "the right to discovery in this state is a broad one, to be construed liberally so that parties may ascertain the strength of their case and at trial the truth may be determined."232 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, and emails are maintained and to determine how best to locate, review, and retain responsive documents. 230 Code of Civ. Proc. § 2031.060(0(1). 231 Code of Civ. Proc. § 2031.060(i) (2) 232 Wiliams v. SuperorCourt, 3Cal. 5th 531, 537 (2017). Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 51 Port two: Electronic Records 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 "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 "Nome" menu, by selecting "Properties." Documenll Properties General sexy Statrstas merits Tit*: letter to D. s. asiblect Author BenwNn B. Bkkelbasm PISsinecer Colodny. :By of Movie Cetggay Keywords: comments: base shin TemC/ete. Normal —,. Sews crewel,. pct ie Ca i Cancel 1 Although metadata can be useful information, it can also result in unwanted disclosures. For instance, as the dia'og 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 Public Records Act D 2018 Richards. Watson & Gershon 2172263 Prig > 57 Port Two: Electronic Records 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. 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.2,3 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 233 See Gov't Code § 6253 (b) ("Upon request, an exact copy shah be provided unless impracticable to do so."): Rosenthal v. Hansen, 34 Cal. App. 3d 754 (3 Dist. 1973). Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 53 Port two Elechonic Records 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. III. 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 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. 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.23' The underlying intent is to preclude elected officials from using newsletters as indirect campaign flyers for themselves. In brief, the California Fair Political Practices Commission (the "FPPC") Regulations provide a four -prong test to determine the legality of mass mailings. A mass mailing is prohibited if each of the following elements is present: a. a delivery of a tangible item, b. that "features" or includes reference to, an elected official, c. distributed at public expense regardless of the cost, or produced at public expense where the cost of production exceeds $50.00, 234 Gov't Code § 89001. 235 2 C.C.R. § 18901 Public Records Act © 2018 Richards, Watson & Gershon 2172263 Pcc;e 34 Part Two: Electronic Records d. in a quantity of 200 or more.?36 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, several advice letters issued by the FPPC have concluded that the prohibitions on publicly funded mass mailings contained in Government Code Section 89001 and FPPC Regulation 18901 do not apply to websites or web pages. In 1998, the FPPC responded to an inquiry as to whether a committee, advocating the passage of a bond measure expected to be placed on the ballot by a school board, may obtain a link from a "school district website to a web page" advocating the passage of the bond measure. The FPPC advised that, According to Regulation 18901(a) (1), a publicly -funded mailing is a prohibited mass mailing if it is delivered as a tangible item to the recipient at his or her residence, place of employment or business, or post office box. Consistent with Regulation 18901, the ban is applicable to tangible items only. Since distribution over the Internet is not a distribution of a tangible item, Internet pages are not prohibited mass mailings under the [Political Reform] Act.• Even though providing a Zink 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.),, The FPPC letter reiterated that FPPC Regulation 18901 did not apply to the actions listed above because "web pages are not considered tangible items" and not subject to Regulation 18901(a) (1).=3° In 2013, the FPPC again confirmed its conclusion that distribution of information over the Internet, including websites, is not distribution of tangible items. A City attorney requested advice whether the mass mailing provisions prohibit City staff 236 2 C.C.R. § 18901. 237 Foote Advice Letter, No. A-98- 114 1998 WL 289895 (1998) (citation omitted). 238 Peterson Advice Letter, No. A-99-013. 1999 WL 100857 (1999). 239 Id. Public Records Act ® 2018 Richards. Watson & Gershon 2172263 Page 55 Part Iwo: Electroni, Records 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.24o The FPPC also recommended a review of laws pertaining to use of public resources.24 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 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 (inks from official websites. For example, the Political Reform Act prohibits the use of public moneys for election campaigns.',, Consequently, a city's web page must not indicate support or approval of, or advocate for, a candidate for elective office. The leading California case setting forth the basic rule with respect to government involvement in political campaigns is Stanson v. Mott.%4+ 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. ^, Only impartial "informational" communications would be permissible, such as a fair presentation of the facts in response to a citizen's request for information.24' 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 240 Pierik Advice Letter. No. A -13-0I 2 (2013). 241 Id, 242 Gov't Code § 85300. 243 Stanson v. Mott, 17 Cal. 3d 206 (1976). 244 Id. at 209-10. 245 Id. at 221. Public Records Act @ 2018 Richards, Watson & Gershon 2172263 Pude 56 Part Two: Electronic Records a careful consideration of such factors as the style, tenor and timing of the publication; no hard and fast rule governs every case. The California legislature also codified the holding of Stanson in Government Code Section 54964.>4; The Stanson test was recently reaffirmed by the California Supreme Court in Vargas v. City of Salinas. )48 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. 4 In another appellate decision, Schroeder v. City Council of Irvine, Irvine's "Vote 2000" Program was upheld.,s,' 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.-' Because the City presented a neutral position on "Measure F," at least in the campaign materials, the court upheld the program as valid. However, in Vargas v. City of Salinas, the California Supreme Court decided that "express advocacy" is an insufficient standard. In Vargas, proponents of a local ballot initiative to repeal the City's utility users tax ("Measure 0") sued the City alleging improper government expenditures. The court held that even if a communication does not expressly advocate for either side of an issue, a Stanson analysis must nonetheless be conducted to determine whether the activity was for informational or campaigning purposes based on its style, tenor, and timing.2 Although the court did not specifically refer to the Schroeder analysis in its opinion, the court clearly stated that the "express advocacy" 246 id. at 222 (citations omitted), 247 Government Code Section 54964 prohibits the expenditure of public funds "to support or oppose the approval or rejection of o ballot measure. or the election or defeat oto 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 tical 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. 248 Vargas v. City of Salinas, 46 Cal. 4th 1 (2(X)9). 249 California Common Cause v. Duffy, 200 Cal. App 3d 730 746-747 (4 Dist. 1987). 250 Schroeder v. City Council of Ervine, 97 Col. App. 4th 174 (4 Dist. 2002). 251 Id. of 187-188. 252 Vargas. 46 Col. 4th at 1. Public Records Act 2018 Richards, Watson & Gershon 2172263 Page 57 Port Two: Electronic Records standard does not meaningfully address potential constitutional problems arising from the use of public funds for campaign activities that were identified in Stanson. Thus, local governments must look to Vargas rather than Schroeder for the proper standard to evaluate whether an expenditure is permissible. A variety of factors led to the Vargas court's conclusion that the communications were informational, including the fact that the publications avoided argumentative or inflammatory rhetoric and did not urge citizens to vote in a particular manner. The challenged expenditures were made pursuant to general appropriations in the City's regular annual budget pertaining to the maintenance of the City's website, the publication of the City's regular quarterly newsletter, and the ordinary provision of information to the public regarding the City's operations. The Supreme Court found that the City engaged in informational rather than campaign activity when it posted on the City's website the minutes of City council meetings relating to the council's action along with reports prepared by various municipal departments and presented by officials at City council meetings.;',. Similarly, the City did not engage in campaign activity in producing a one-page document listing the program reductions that the City council voted to implement should Measure 0 be approved, or in making copies of the document available to the public at the City clerk's office and public Iibraries.254 The court reasoned that viewed from the perspective of an objective observer, the document clearly constituted an informational statement that merely advised the public of specific plans that the City council voted to implement should Measure 0 be approved. Finally, the court found that the City engaged in permissible informational activity by mailing to City residents the fall 2002 "City Round -Up" newsletter containing articles describing proposed reductions in City services. Although under some circumstances the mailing of material relating to 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 traditionacampaign material, and the article provided residents with important information about the tax in an objective and nonpartisan manner. 253 id, at 37. 254 Id. at 37-38 (stating, "not only [did] the document not advocate or recommend how the electorate should vote on the balbt 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. Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 58 Part Two: Electronic Records The Supreme Court illustrated the insufficiency of the "express advocacy" standard by suggesting that if the City of Salinas were to post billboards throughout the City prior to an election stating, "'IF MEASURE 0 IS APPROVED, SIX RECREATION CENTERS, THE MUNICIPAL POOL, AND TWO LIBRARIES WILL CLOSE,' it would defy common sense to suggest that the City had not engaged in campaign activity even though such advertisements would not have violated the express advocacy standard. Vargas and Stanson reflect that local agencies must exercise caution when communicating to voters about local measures. The same prohibitions on the use of public moneys to support or oppose a ballot measure or a candidate for political office would likely also apply to public agency websites. This is because the time and expense of maintaining a website and adding links to other websites may result in a form of "in kind" contribution from the public agency to the particular candidate or campaign committee. "Professional services, including the creation and maintenance of a website for a candidate, could conceivably result in a contribution from the county to the candidate."256 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."?,,, 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."258 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. 255 id. at 32. 256 Peterson Advice Letter, No. A-99-013. 1999 WL 100857 (1999(. 257 Stanson. 17 Col. 3d at 226 258 Id. at 226-27. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 59 Part Iwo: Electronic Records C. Public Forum In addition to the mass mailing and express advocacy considerations, the existence of city websites also raises the issue of whether a website constitutes a "public forum" in which any member of the public would have a right to post information or links, or engage in debate or discourse. The decisions of public agencies on what sort of content to include on web pages, whether to allow external links to be posted, and what type of links to permit, have the potential to infringe upon rights guaranteed by the First Amendment of the United States Constitution, the California Constitution's "Liberty of Speech Clause," and other legal principles. In relevant part, the First Amendment provides that, "Congress shall make no law ... abridging the freedom of speech. Similarly, the "Liberty of Speech Clause" provides that, "A law may not restrain or abridge liberty of speech or press.") , 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: (1) 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. D. Putnam Pit, Inc. v. City of Cookeville The case of Putnam Pit, Inc. v. City of Cookeville provides an example of how the First Amendment may limit a public agency's authority to control external links on its website. Putnam Pit is a federal case discussing the validity of a 259 U.S. CONST. amend I. 260 CAI. CONST. ort. 1, § 2(a). Public Records Act 2018 Richards. Watson & Gershon 2172263 Page 60 Part Two: Electronic Records website link policy under the First Amendment.» 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] Website, 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."?2 However, prior to the publisher's request, Cookeville "had no stated policy" on who could be linked to the City's website.»' 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."?,a Pursuant to this policy, the City manager subsequently denied the publisher's request for a Zink from the Cookeville website to the "Putnam Pit" website and then removed several links to other websites from the Cookeville website.265 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.— 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 Zink 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."" 261 Putnam Pit, Inc. v. City of Cookeville, 221 F.3d 834 (6th Cir. 2000[. 2621d. at 841. 263 Id. 264 Id. 265 Id. 266 Id. at 843-845. 267 The court turther concluded that, "[tike City's actions, some of which appear to be tied to the City's interests, and others which appear less clearly relevant to the purpose of the City's Website, lead us to REVERSE the district court's grant of summary judgment because [the publisher[ has •wised a material issue of fact regarding whether the City discriminated against him and his Website based upon viewpoint." Putnam Pit, Inc. 221 F.3d at 846. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 61 Port Two: Electronic Records E. 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.,, In Vargas, City residents placed an initiative on the ballot to repeal the City's long-standing utility users tax. The City staff prepared a series of reports addressing the impact the loss of the tax would have on the City's budget, including the reduction and elimination of services and programs, and posted those reports on the City's web page. The initiative supporters contended that they had a right to provide their own information on the web page, which the City rejected. The Supreme Court concluded that the City's web page was not a public forum because the City had not opened its website to permit others to post material of their choice.2ha F. Public Forum Analysis The Putnam Pit and Vargas courts applied the public forum analysis of the First Amendment to the City's action with respect to the website, treating the website as analogous to physical public property. As previously mentioned, the United States Supreme Court has established that, for such analyses, the extent of permissible government restrictions on expressive activity are governed by whether the activity occurs in (i) a traditional public forum; (ii) a designated public forum; or (iii) a nonpublic forum.210 (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.211 Government regulations that restrict the "content" of expressive activity in such forums "must withstand strict scrutiny."2' 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.")*+ 268 Vargas, 46 Cal. 4th at I 269 Id. at 37, n.18. 270 Perry Ed. Ass v. Perry Locol Ed. Ass'n, 460 U.S. 37 (198.3). 271 Putnam Pit, Inc.. 221 F.3d al 842 (citing Perry, 460 U.S. at 45). 272 Id. at 843. 273 Id. (citing Perry, 460 U.S. at 45(. Public Records Act © 2018 Richards, Watson 8 Gershon 21/2263 Page 62 Part Two. Electronic Records (2) Designated public forum The Supreme Court has held that "[i]rl a designated public forum, the government 'intentionally opens a nontraditional public forum for public discourse."' '^ 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 forum. For example, in the case of a City council meeting, the government may restrict speech to only permit discussion of city business.21,, 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.276 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."2 Y Examples of nonpublic forums include highway rest areas and advertising on a municipal bus.2'8 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.2" (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 274 Id. (citing Cornelius v. NAACP Legal Defense & Educ. Fund. Inc., 473 U.S. 788, 802 (198511. 275 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). 276 Perry, 460 U.S. at 46. 277 Putnam Pit, 221 F.3d of 845 (citing Cornelius, 473 U.S. at 811). 278 Jacobson v 8onine, 123 F.3d 1272 (9th Cir. 1997): Children of the Rosary v. City of Phoenix, 154 F.3d 972 (9th Cir. 1998) 279 Perry, 460 U.S. at 46. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 63 Part Two: Electronic Records adopted a website link policy, links had been established on an individualized basis.2s This determination is significant because a government entity, as previously discussed, has more discretion to regulate public expression in a nonpublic forum than it does in a "traditional public forum" (such as a park) or in a "designated public forum" (a place expressly opened for free speech by the public). The court also emphasized that the City had legitimate interests "in keeping links that are consistent with the purpose of the site—providing information about City services, attractions and officials,"hl 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,282 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."283 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.)84 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. --- 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. -H' 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.B' Under the government speech doctrine, the government has the right to speak for itself and a government entity may exercise this same freedom 280 Putnam Pit, Inc., 221 F.3d at 844. 28{ Id. at 845. 282 Id. 283 Id. at 845-46 (citations omitted}. 284 Vargas. 46 Cal. 4th at 37 n.18. 285 See Id. 286PIeasant Grove City v. Summum, 555 U.S. 460. 467 (2009(. 281 Id. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 64 Part Two Electronic Records to express its views when it receives assistance from private sources for the purpose of delivering a government -controlled message.' 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.»»? The group wanted to present opinions countering the town's budget proposals regarding town and school activities. The group contended its hyperlink should have been allowed because the town had included a hyperlink to 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 Sutliffe 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.' 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. vt 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.? 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'."293 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 288 Id. at 468. 289 Sutliffe v. Epping School District, 584 F.3d 314 (1st Cir. 2009) 29°1d. at 291 Id. at 331-332. 292 Id. at 333-334. 293 Putnam Pit Inc.. 221 F.3d at 846 (citations omitted). Public Records Act © 2018 Richards. Watson 8 Gershon 2172263 Page 65 Port Two: Electronic Records party's website, but an across-the-board policy that does not discriminate on the basis of viewpoint should withstand judicial scrutiny. Reserving the website only for the public agency's activities and purposes may also help the public agency demonstrate that it is engaging in government speech, and has not created a public forum. G. Chat Rooms and Forums Note that the conclusion would have likely been different in Vargas if the website had contained a chat room. -he term "chat room" generally refers to an area of a website that allows for a real-time interactive discussion between whoever wishes to participate, with every participant seeing what every other participant types in. Chat rooms allow visitors to access web pages to state their views on a topic of discussion, and in unmoderated chat rooms, to say anything about any subject. In Vargas, the California Supreme Court did not address chat rooms. However, in the prior appellate court decision, which was superseded on other grounds by the California Supreme Court, the appellate court had little trouble concluding that a chat room on 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 ...."%U^ Ampex Corp. v. Cargle and Computer)press, 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. A similar conclusion would 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 messcges 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." ?9' Vargas V. City of Salinas. 37 Cal. Rpt. 3d 506, 527 (2005) (citing Ampex Corp. v. Cargle, 128 Cal. App. 4th 1569 1576 (I Dist. 2005); ComputerXpress, Inc. v. Jackson, 93 Col. App. 4th 993. 1006-07 (4 Dist. 2001)). Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 66 Part Two: Electronic Records H. 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 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.,- 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.29, Based on these requirements, local agency websites must be designed to be accessible to individuals with disabilities.29; In designing and maintaining an agency's web page to ensure compliance with First Amendment and Brown Act requirements, an agency should make sure it is designed for accessibility as well. In 2010, the U.S. Department of Justice issued advance notices of proposed rulemaking to consider revising the regulations of Title II of the ADA to establish federal technical requirements to make accessible the services, programs or activities offered by state and local governments to the public by websites,,' but in late 2017 withdrew those rulemaking actions.29' Even without specific technical standards applicable to local governments, there are a number of regulations and guidelines that may be used to design accessible public websites. These include: • The Federal Information and Communications Technology (ICT) Final Standards and Guidelines, set forth at 36 C.F.R. parts 1 193 and 1 194;;°° and 295 42 U.S.C. § 12131 el seq. 296 28 C.F.R. 35.I60(a) and (b)(l ). 297 See U.S. Dept of Justice, Accessibility of State and Local Government Websites to People with Disabilities (available at http;//www,gda.aov/w 1es2 him or Mips //www oda.gov/websites2 ornt pdt• U.S. Dept of Justice, ADA Best Practices Tool Kif for State and Local Governments, Chapter 5, "Website Accessibility Under Title 11 of the ADA" (available at httos://www.oda.gpv/ocatoolkit/chao5tookit.htm or httos://www.ado.gov/ocatoolkit/chi toolkit.Ddf). See Border 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). 298 See 75 Fed. Reg. 43460 (July 26, 2010) and 81 FR 28658 (Way 9, 2016). 299 82 Fed. Reg. 60932 (December 26. 2017). 300 82 Fed. Reg. 5790-01 (I/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 Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 67 Port Two: Electronic Records • The World Wide Web Consortium (W3C) Web Content Accessibility Guidelines.' While these sources do not expressly apply to city websites, they provide various methods of ensuring that o web page is accessible, including providing text equivalents for graphics, ensuring that information conveyed with color is also available without color, and using high contrast color choices. Many state and local agencies have incorporated the federal requirements into the design of their information technology systems, including their websites.;')/ In addition, other federal laws may impose accessibility requirements on local government websites, depending on the circumstances. For example, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability by federal agencies and recipients of federal assistance, and consequently recipients of federal funds may need to meet federal accessibility requirements.303 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. 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 (29 U.S.C. § 794d), and the Telecommunications Act of 1996 (47 U.S.C. §§ 153 and 255). Section 508 requires programs and activities funded by federal agencies to be accessible to people with disabilities. including federal employees and members of the public, and covers ICT developed. procured. maintained, or used by federal agencies. The Telecommunications Act requires in part that telecommunications products and services be accessible to people with disabilities. 301 Available at htto://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 (W3C1 3°7 In California, state websites must meet both the web accessibility standards in California Government Code § 1 1135, 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). 333 29 U.S.C. § 794. 304 U.S. Dep't of Justice, Accessibility of State and Local Government websites to People with Disabilities, httro://www.ada.goviwebsites2.htrn. Public Records Act m 2018 Richards, Watson & Gershon 2172263 Page 68 Part Two: Electronic Records should also be sensitive to the risk that the Public Records Act may require disclosure of emails or text messages in which they discuss public business, and not treat them as casual conversation. While the deliberative process privilege may apply to protect some such emails or text messages, the doctrine has been applied sparingly by California courts. A clear policy regarding the deletion of emails and text messages will also help to reduce unwanted exposure, although an agency must be able to suspend its usual deletion procedures to preserve electronic records potentially relevant to state or federal litigation. Although the state of the law continues to develop, electronic documents and information other than emails (for example, posts on social media websites, such as Facebook or Twitter, that relate to an agency's public business) may be subject to disclosure under the California Public Records Act, California discovery rules, and Federal Rules of Civil Procedure 26(a). An agency must make electronic records available in an electronic format if requested in response to a Public Records Act request. An agency may also have to disclose electronic records in litigation and even metadata may be discoverable. Thus, it is important to avoid the automatic creation of metadata, to the extent possible. Public officials should also consult with their information technology departments to ensure that metadata is not inadvertently inserted into electronic records when they are created. With respect to websites, caution must be taken to ensure a public agency's website does not indicate support or approval of, or promote or advocate for, a candidate for elective office. Likewise, a public agency website cannot be used to advocate for or against an initiative election. In addition to avoiding express advocacy that unambiguously suggests a particular position in a campaign, public officials must also avoid any actions which, based on their "style, tenor and timing", may lead to 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 Zink policy should contain a "statement of purpose" indicating that Public Records Act 2018 Richards, Watson & Gershon 2172263 Page 69 Port Two: Electronic Records 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 cf 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 administrative practice regarding the establishment of external links on its website. Second, the website link policy should specifically designate the types of organizations that are eligible to have a link established to their website. We think eligibility may be limited to non-profit entities (as Cookeville chose to do), but it does not have to be so restricted. We also recommend that the website specifically exclude links to sites that have as their purpose the election or defeat of specific candidates or the passage or defeat 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 Zink from a public agency's website. Finally, the agency should ensure that its web page complies with the accessibility requirements of the ADA, such as providing text equivalents for graphics, ensuring that information conveyed with color is also available without color, and using high contrast color choces. Pubic Records Act © 2018 Richards. Watson 8. Gershon 2172263 Pnjr, 7) PART THREE. THE CALIFORNIA PUBLIC RECORDS ACT Article 1 - General Provisions California Government Code Sections 6250-6270.5 Article 2 - Other Exemptions from Disclosure California Government Code Sections 6275-6276.48 Pubic Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 71 Dart Three. The Caifornia Public Records Act The California Public Records Act ARTICLE 1 - GENERAL PROVISIONS CALIFORNIA GOVERNMENT CODE SECTIONS 6250-6270 Section 6250. Legislative findings and declarations In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. Section 6251. Short title This chapter shall be known and may be cited as the California Public Records Act. Section 6252. Definitions As used in this chapter: (a) "Local agency" includes a county; City, whether general law or chartered; City and county; school district; municipal corporation; district; political subdivision; or any board, commission or agency thereof; other local public agency; or entities that are legislative bodies of a local agency pursuant to subdivisions (c) and (d) of Section 54952. (b) "Member of the public" means any person, except a member, agent, officer, or employee of a federal, state, or local agency acting within the scope of his or her membership, agency, office, or employment. (c) "Person" includes any natural person, corporation, partnership, limited liability company, firm, or association. (d) "Public agency" means any state or local agency. (e) "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. "Public records" in the custody of, or maintained by, the Governor's office means any writing prepared on or after January 6, 1975. (f) (1) "State agency" means every state office, officer, department, division, bureau, board, and commission or other state Pubic Records Act ® 2018 Richards, Watson & Gershon 2172263 Poge 72 Part Three. The California Public Records Act (g) body or agency, except hose agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (2) Notwithstanding paragraph (1) or any other law, "state agency" shall also mean the State Bar of California, as described in Section 6001 of the Business and Professions Code. "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. Section 6252.5. Elected member or officer of state or local agency Notwithstanding the definition of "member of the public" in Section 6252, an elected member or officer of any state or local agency is entitled to access to public records of that agency on the same basis as any other person. Nothing in this section shall limit the ability of elected members or officers to access public records permitted by law in the administration of their duties. This section does not constitute a change in, but is declaratory of, existing law. Section 6252.6. Disclosure of name, date of birth, and date of death of foster child to county child welfare agency Notwithstanding paragraph (2) of subdivision (a) of Section 827 of the Welfare and Institutions Code, after the death o' a foster child who is a minor, the name, date of birth, and date of death of the child shall be subject to disclosure by the county child welfare agency pursuant to this chapter. Section 6252.7. Authority of legislative body or local agency members to access a writing of the body or agency Notwithstanding Section 6252.5 or any other provision of law, when the members of a legislative body of a local agency are authorized to access a writing of the body or of the agency as permitted by law in the administration of their duties, the local agency, as defined in Section 54951, shall not discriminate between or among any of those members as to which writing or portion thereof is made available or when it is made available. Pubic Records Act ® 2018 Richards, Watson & Gershon 2172263 'acje /3 Part Three: The California Public Records Act Section 6253. Public records open to inspection; agency duties: time limits (a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law. (b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so. (c) Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor. In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or his or her designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days. When the agency dispatches the determination, and if the agency determines that the request seeks disclosable public records, the agency shall state the estimated date and time when the records will be made available. As used in this section, "unusual circumstances" means the following, but only to the extent reasonably necessary to the proper processing of the particular request: The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request. (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request. (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more Public Records Act ® 2018 Richards. Watson & Gershon 2172263 Paye 74 Part Three The California Public Records Act components of the agency having substantial subject matter interest therein. (4) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data. (d) Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial. (e) Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter. (f) In addition to maintaining public records for public inspection during the office hours of the public agency, a public agency may comply with subdivision (a) by posting any public record on its Internet Web site and, in response to a request for a public record posted on the Internet Web site, directing a member of the public to the location on the Internet Web site where the public record is posted. However, if after the public agency directs a member of the public to the Internet Web site, the member of the public requesting the public record requests a copy of the public record due to an inability to access or reproduce the public record from the Internet Web site, the public agency shall promptly provide a copy of the public record pursuant to subdivision (b). Section 6253.1. (a) Assistance to members of the public regarding requests to inspect a public record or obtain a copy; duties of the public agency When a member of the public requests to inspect a public record or obtain a copy of a public record, the public agency, in order to assist the member of the public make a focused and effective request that reasonably describes an identifiable record or records, shall do all of the following, to the extent reasonable under the circumstances: (1) 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. (2) Describe the information technology and physical location in which the records exist. Public Records Ad ® 2018 Richards, Watson & Gershon 2172263 Pi e15 Part Three. The California Public Records Act (3) Provide suggestions for overcoming any practical basis for denying access to the records or information sought. (b) The requirements of paragraph (1) of subdivision (a) shall be deemed to have been satisfied if the public agency is unable to identify the requested information after making a reasonable effort to elicit additional clarifying information from the requester that will help identify the record or records. (c) The requirements of subdivision (a) are in addition to any action required of a public agency by Section 6253. (d) This section shall not apply to a request for public records if any of the following applies: (1) The public agency makes available the requested records pursuant to Section 6253. (2) The public agency determines that the request should be denied and bases that determination solely on an exemption listed in Section 6254. (3) The public agency makes available an index of its records. Section 6253.2. Disclosure of information for in-home supportive services, personal care services, or Community First Choice Option Notwithstanding any other provision of this chapter to the contrary, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code, or services provided pursuant to Section 14132.95, 14132.952, or 14132.956 of the Welfare and Institutions Code, is not subject to public disclosure pursuant to this chapter, except as provided in subdivision (b). (b) Copies of names, addresses, home telephone numbers, and personal cellular telephone numbers of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to Section 12301.6 or 12302.25 of the Welfare and Institutions Code or the In -Home Supportive Services Employer -Employee Relations Act (Title 23 (commencing with Section 110000)). This information shall not be used by the receiving entity for any purpose other than the employee organizing, representation, and assistance activities of the labor organization. (a) Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 76 Part three: The California Public Records Act (c) This section applies solely to individuals who provide services under the In - Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code, the In -Home Supportive Services Plus Option pursuant to Section 14132.952 of the Welfare and Institutions Code, or the Community First Choice Option pursuant to Section 14132.956 of the Welfare and Institutions Code. (d) Nothing in this section is intended to alter or shall be interpreted to alter the rights of parties under the In -Home Supportive Services Employer - Employee Relations Act (Title 23 (commencing with Section 110000)) or any other labor relations law. (e) This section shall be inoperative if the Coordinated Care Initiative becomes inoperative pursuant to Section 34 of the act that added this subdivision. Section 6253.2. Disclosure of information for in-home supportive services or personal care services (a) Notwithstanding any other provision of this chapter to the contrary, information regarding persons paid by the state to provide in-home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or personal care services pursuant to Section 14132.95 of the Welfare and Institutions Code, is not subject to public disclosure pursuant to this chapter, except as provided in subdivision (b). (b) Copies of names, addresses, and telephone numbers of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to subdivision (c) of Section 12301.6 or Section 12302.25 of the Welfare and Institutions Code or Chapter 10 (commencing with Section 3500) of Division 4 of Title 1. This information shall not be used by the receiving entity for any purpose other than the employee organizing, representation, and assistance activities of the labor organization. (c) This section applies solely to individuals who provide services under the In - Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code) or the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code. Public Records Act © 2018 Richards, Watson 8 Gershon 2172263 Paye 77 Port Three. The California Public Records Art (d) Nothing in this section is intended to alter or shall be interpreted to alter the rights of parties under the Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of Division 4) or any other labor relations law. (e) This section shall be operative only if Section 1 of the act that added this subdivision becomes inoperative pursuant to subdivision (e) of Section 1. Section 6253.3. Disclosure of information; control A state or local agency may not allow another party to control the disclosure of information that is otherwise subject to disclosure pursuant to this chapter. Section 6253.31. Contract requirements; public disclosure Notwithstanding any contract term to the contrary, a contract entered into by a state or local agency subject to this chapter, including the University of California, that requires a private entity to review, audit, or report on any aspect of that agency shall be public to the extent the contract is otherwise subject to disclosure under this chapter. Section 6253.4. Agency regulations and guidelines (a) Every agency may adopt regulations stating the procedures to be followed when making its records available in accordance with this section. The following state and local bodies shall establish written guidelines for accessibility of records. A copy of these guidelines shall be posted in a conspicuous public place at the offices of these bodies, and a copy of the guidelines shall be available upon request free of charge to any person requesting that body's records: Department of Motor Vehicles Department of Consumer Affairs Transportation Agency Bureau of Real Estate Department of Corrections and Rehabilitation Division of Juvenile Justice Department of Justice Department of Insurance Department of Business Oversight Department of Managed Health Care Secretary of State State Air Resources Board Pubic Records Act m 2018 Richards, Watson & Gershon 2172263 Pude 73 Part Three: The California Public Records Act Department of Water Resources Department of Parks and Recreation San Francisco Bay Conservation and Development Commission State Board of Equalization State Department of Health Care Services Employment Development Department State Department of Public Health State Department of Social Services State Department of State Hospitals State Department of Developmental Services Public Employees' Retirement System Teachers' Retirement Board Department of Industrial Relations Department of General Services Department of Veterans Affairs Public Utilities Commission California Coastal Commission State Water Resources Control Board San Francisco Bay Area Rapid Transit District All regional water quality control boards Los Angeles County Air Pollution Control District Bay Area Air Pollution Control District Golden Gate Bridge, Highway and Transportation District Department of Toxic Substances Control Office of Environmental Health Hazard Assessment (b) Guidelines and regulations adopted pursuant to this section shall be consistent with all other sections of this chapter and shall reflect the intention of the Legislature to make the records accessible to the public. The guidelines and regulations adopted pursuant to this section shall not operate to limit the hours public records are open for inspection as prescribed in Section 6253. Section 6253.5. Initiative, referendum, recall petitions, and petitions for reorganization of school districts or community college districts deemed not public records; examination by proponents Notwithstanding Sections 6252 and 6253, statewide, county, City, and district initiative, referendum, and recall petitions, petitions circulated pursuant to Section 5091 of the Education Code, petitions for the reorganization of school districts submitted pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of the Education Code, petitions for the reorganization of community college districts submitted pursuant to Part 46 (commencing with Public Records Act m 2018 Richards. Watson & Gershon 2172263 FogE, 79 Part Three The California Public Records Act Section 74000) of the Education Code and all memoranda prepared by the county elections officials in the examination of the petitions indicating which registered voters have signed particular petitions shall not be deemed to be public records and shall not be open to inspection except by the public officer or public employees who have the duty of receiving, examining or preserving the petitions or who are responsible for the preparation of that memoranda and, if the petition is found to be insufficient, by the proponents of the petition and the representatives of the proponents as may be designated by the proponents in writing in order to determine which signatures were disqualified and the reasons therefor. However, the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a school district or a community college district attorney, and a City attorney shall be permitted to examine the material upon approval of the appropriate superior court. If the proponents of a petition are permitted to examine the petition and memoranda, the examination shall commence not later than 21 days after certification of insufficiency. (a) As used in this section, "petition" shall mean any petition to which a registered voter has affixed his or her signature. (b) As used in this section "proponents of the petition" means the following: For statewide initiative and referendum measures, the person or persons who submit a draft of a petition proposing the measure to the Attorney General with a request that he or she prepare a title and summary of the chief purpose and points of the proposed measure. (2) For other initiative and referenda on measures, the person or persons who publish a notice of intention to circulate petitions, or, where publication is not required, who file petitions with the elections official. (3) For recall measures, the person or persons defined in Section 343 of the Elections Code. (4) For petitions circulated pursuant to Section 5091 of the Education Code, the person or persons having charge of the petition who submit the petition to the county superintendent of schools. (5) For petitions circulated pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of the Education Code, the person or persons designated as chief petitioners under Section 35701 of the Education Code. Pubic Records Act 2018 Richards, Watson & Gershon 2172263 F'(]qe 2 ) Part Three: The Califania Public Records Act (6) For petitions circulated pursuant to Part 46 (commencing with Section 74000) of the Education Code, the person or persons designated as chief petitioners under Sections 74102, 74133, and 74152 of the Education Code. Section 6253.6. Bilingual ballot or ballot pamphlet requests not deemed public records (a) Notwithstanding the provisions of Sections 6252 and 6253, information compiled by public officers or public employees revealing the identity of persons who have requested bilingual ballots or ballot pamphlets, made in accordance with any federal or state law, or other data that would reveal the identity of the requester, shall not be deemed to be public records and shall not be provided to any person other than public officers or public employees who are responsible for receiving those requests and processing the same. (b) Nothing contained in subdivision (a) shall be construed as prohibiting any person who is otherwise authorized by law from examining election materials, including, but not limited to, affidavits of registration, provided that requests for bilingual ballots or ballot pamphlets shall be subject to the restrictions contained in subdivision (a). Section 6253.8. Enforcement orders; Internet website (0i Every final enforcement order issued by an agency listed in subdivision (b) under any provision of law tha• is administered by an entity listed in subdivision (b), shall be displayed on the entity's Internet website, if the final enforcement order is a public record that is not exempt from disclosure pursuant to this chapter. (b) This section applies to the California Environmental Protection Agency and to all of the following entities within the agency: (1) The State Air Resources Board. (2) The California Integrated Waste Management Board. (3) The State Water Resources Control Board, and each California regional water quality control board. (4) The Department of Pesticide Regulation. (5) The Department of Toxic Substances Control. Pubic Records Act 2018 Richards, Watson & Gershon 2172263 Page t; I Port Three: The California Public. Records Act (c) (1) Except as provided in paragraph (2), for purposes of this section, an enforcement order is final when the time for judicial review has expired on or after January 1, 2001, or when all means of judicial review have been exhausted on or after January 1, 2001. (2) In addition to the requirements of paragraph (1), with regard to a final enforcement order issued by the State Water Resources Control Board or a California regional water quality control board, this section shall apply only to a final enforcement order adopted by that board or a regional board at a public meeting. (d) An order posted pursuant to this section shall be posted for not less than one year. (e) The California Environmental Protection Agency shall oversee the implementation of this section. (f) This section shall become operative April 1, 2001. Section 6253.9. Information in an electronic format; costs; application; availability (a) Unless otherwise prohibited by law, any agency that has information that constitutes an identifiable public record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that information available in an electronic format when requested by any person and, when applicable, shall comply with the following: (1) The agency shall make the information available in any electronic format in which it holds the information. (2) Each agency shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the agency to create copies for its own use or for provision to other agencies. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format. (b) Notwithstanding paragraph (2) of subdivision (a), the requester shall bear the cost of producing a copy of the record, including the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record when either of the following applies: (1) In order to comply with the provisions of subdivision (a), the public agency would be required to produce a copy of an electronic Public Records Act © 2018 Richards. Watson & Gershon 217226.3 Page 82 Part Three The California Public Records Act record and the record is one that is produced only at otherwise regularly scheduled intervals. (2) The request would require data compilation, extraction, or programming to produce the record. (c) Nothing in this section shall be construed to require the public agency to reconstruct a record in an electronic format if the agency no longer has the record available in an electronic format. (d) If the request is for information in other than electronic format, and the information also is in electronic format, the agency may inform the requester that the information is available in electronic format. (e) Nothing in this section shall be construed to permit an agency to make information available only in an electronic format. (f) (g) Nothing in this section shall be construed to require the public agency to release an electronic record in the electronic form in which it is held by the agency if its release would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained. Nothing in this section shall be construed to permit public access to records held by any agency to which access is otherwise restricted by statute. Section 6253.10. Public record posts on Internet Resource; open format requirements If a local agency, except a school district, maintains an Internet Resource, including, but not limited to, an Internet Web site, Internet Web page, or Internet Web portal, which the local agency describes or titles as "open data," and the local agency voluntarily posts a public record on that Internet Resource, the local agency shall post the public record in an open format that meets all of the following requirements: (a) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications. (b) Platform independent and machine readable. (c) Available to the public free of charge and without any restriction that would impede the reuse or redistr bution of the public record. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 83 Part Three The California Public Records Act (d) Retains the data definitions and structure present when the data was compiled, if applicable. Section 6254. Exemption of particular records Except as provided in Sections 6254.7 and 6254 13, nothing in this chapter shall be construed to require disclosure of records that are any of the following: (a) Preliminary drafts, notes, or interagency or intra -agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure. (b) Records pertaining to pending litigation to which the public agency is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled. (c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. (d) Records contained in or related to any of the following: (1) Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including, but not limited to, banks, savings and loan associations, industrial loan companies, credit unions, and insurance companies. (2) Examination, operating, or condition reports prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1). Preliminary drafts, notes, or interagency or intra -agency communications prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1). (3) (4) Information received in confidence by any state agency referred to in paragraph (1). (e) Geological and geophysical data, plant production data, and similar information relating to utility systems development, or market or crop reports, that are obtained in confidence from any person. (f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Pubic Records Act © 2018 Richards, Watson & Gershon 217226,3 Fuge ria Part Three: The California Public Records Act Emergency Services, and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes. However, state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson. burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer. Customer lists provided to a state or local police agency by an alarm or security company at the request of the agency shall be construed to be records subject to this subdivision. Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation: (1) The full name and occupation of every individual arrested by the agency, the individual's physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds. Pubic Records Act © 2018 Richards, Watson & Gershon 2112263 Page 85 Part Three' The California Public Records Act (2) (A) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved. The name of a victim of any crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a. 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of the November 7, 2006, statewide general election), 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9 or 647.6 of the Penal Code may be withheld at the victim's request, or at the request of the victim's parent or guardian if the victim is a minor. When a person is the victim of more than one crime, information disclosing that the person is a victim of a crime defined in any of the sections of the Penal Code set forth in this subdivision may be deleted at the request of the victim, or the victim's parent or guardian if the victim is a minor, in making the report of the crime, or of any crime or incident accompanying the crime, available to the public in compliance with the requirements of this paragraph. (6) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the names and images of a victim of human trafficking, as defined in Section 236.1 of the Penal Code, and of that victim's immediate family, other than a family member who is charged with a criminal offense arising from the same incident, may be withheld at the victim's request until the investigation or any subsequent prosecution is complete. For purposes of this subdivision, "immediate family" shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code. (3) Subject to the restrictions of Section 841.5 of the Penal Code and this subdivision, the current address of every individual arrested by the agency and the currert address of the victim of a crime, if the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental Public Records Act m 2018 Richards, Watson & Gershon 2172263 Page 86 Port Three: The California Public Records Act (g) purpose, or that the request is made for investigation purposes by a licensed private investigator as described in Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code. However, the address of the victim of any crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 2661, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of the November 7, 2006, statewide general election), 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain confidential. Address information obtained pursuant to this paragraph shall not be used directly or indirectly, or furnished to another, to sell a product or service to any individual or group of individuals, and the requester shall execute a declaration to that effect under penalty of perjury. This paragraph shall not be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this paragraph. Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination, except as provided for in Chapter 3 (commencing with Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code. (h) The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the state or local agency relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained. However, the law of eminent domain shall not be affected by this provision. (i) Information required from any taxpayer in connection with the collection of local taxes that 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. (j) Library circulation records kept for the purpose of identifying the borrower of items available in libraries, and library and museum materials made or acquired and presented solely for reference or exhibition purposes. The exemption in this subdivision shall not apply to records of fines imposed on the borrowers. Public Records Act © 2018 Richards. Watson & Gershon 2112263 Page 87 Pari Three: The Calitorria Public Records Act (k) Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege. (I) Correspondence of and to the Governor or employees of the Governor's office or in the custody of or maintained by the Governor's Legal Affairs Secretary. However, public records shall not be transferred to the custody of the Governor's Legal Affairs Secretary to evade the disclosure provisions of this chapter. (m) In the custody of or maintained by the Legislative Counsel, except those records in the public database maintained by the Legislative Counsel that are described in Section 10248. (n) Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with the licensing agency to establish his or her personal qualification for the license, certificate, or permit applied for. (0) Financial data contained in applications for financing under Division 27 (commencing with Section 44500) of the Health and Safety Code, where an authorized officer of the California Pollution Control Financing Authority determines that disclosure of the financial data would be competitively injurious to the applicant and the data is required in order to obtain guarantees from the United States Small Business Administration. The California Pollution Control Financing Authority shall adopt rules for review of individual requests for confidentiality under this section and for making available to the public those portions of an application that are subject to disclosure under this chapter. (p) (1) Records of state agencies related to activities governed by Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), and Chapter 12 (commencing with Section 3560) of Division 4, that reveal a state agency's deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work products, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under these chapters. This paragraph shall not be construed to limit the disclosure duties of a state agency with respect to any other records relating to the activities governed by the employee relations acts referred to in this paragraph. (2) Records of local agencies related to activities governed by Chapter 10 (commencing with Section 3500) of Division 4, that Pubic Records Act © 2018 Richards, Watson & Gershon 2172263 Page 88 Pori Three: The California Public Records Act reveal a local agency s deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work products, theories, or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under that chapter. This paragraph shall not be construed to limit the disclosure duties of a local agency with respect to any other records relating to the activities governed by the employee relations act referred to in this paragraph. (q) (1) Records of state agencies related to activities governed by Article 2.6 (commencing with Section 14081), Article 2.8 (commencing with Section 14087.5), and Article 2.91 (commencing with Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, that reveal the special negotiator's deliberative processes, discussions, communications, or any other portion of the negotiations with providers of health care services, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy, or that provide instruction, advice, or training to employees. (2) Except for the portion of a contract containing the rates of payment, contracts for inpatient services entered into pursuant to these articles, on or after April 1, 1984, shall be open to inspection one year after they are fully executed. If a contract for inpatient services that is entered into prior to April 1, 1984, is amended on or after April 1, 1984, the amendment, except for any portion containing the rates of payment, shall be open to inspection one year after it is fully executed. If the California Medical Assistance Commission enters into contracts with health care providers for other than inpatient hospital services, those contracts shall be open to inspection one year after they are fully executed. (3) Three years after a contract or amendment is open to inspection under this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (4) Notwithstanding any other provision of law, the entire contract or amendment shall be open to inspection by the Joint Legislative Audit Committee and the Legislative Analyst's Office. The committee and that office shall maintain the confidentiality of the contracts and amendments until the time a contract or amendment is fully open to inspection by the public. Pubic Records Act ® 2018 Richards. Watson & Gershon 2172263 Poge 8Y Ncirt Three the(cli'orrnn P,hlicRe._ords A; ' (r) Records of Native American graves, cemeteries, and sacred places and records of Native American places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code maintained by, or in the possession of, the Native American Heritage Commission, another state agency, or a local agency. (s) A final accreditation report of the Joint Commission on Accreditation of Hospitals that has been transmitted to the State Department of Health Care Services pursuant to subdivision (b) of Section 1282 of the Health and Safety Code. (t) Records of a local hospital district, formed pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code, or the records of a municipal hospital, formed pursuant to Article 7 (commencing with Section 37600) or Article 8 (commencing with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4 of this code, that relate to any contract with an insurer or nonprofit hospital service plan for inpatient or outpatient services for alternative rates pursuant to Section 10133 of the Insurance Code. However, the record shall be open to inspection within one year after the contract is fully executed. (u) (1) Information contained in applications for licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department that indicates when or where the applicant is vulnerable to attack or that concerns the applicant's medical or psychological history or that of members of his or her family. (2) The home address and to ephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set forth in applications for licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department. (3) (v) (1) The home address and to ephone number of prosecutors, public defenders, peace officers, judges, court commissioners, and magistrates that are set forth in licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department. Records of the Managed Risk Medical Insurance Board and the State Department of Health Care Services related to activities Pubic Records Act ® 2018 Richards. Watson & Gershon 217226.3 Noae VU Part Three' The California Public Records Act governed by Part 6.3 (commencing with Section 12695), Part 6.5 (commencing with Section 12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code, or Chapter 2 (commencing with Section 15810) or Chapter 4 (commencing with Section 15870) of Part 3.3 of Division 9 of the Welfare and Institutions Code, and that reveal any of the following: (A) The deliberative processes, discussions, communications, or any other portion of the negotiations with entities contracting or seeking to contract with the board or the department, entities with which the board or the department is considering a contract, or entities with which the board is considering or enters into any other arrangement under which the board or the department provides, receives, or arranges services or reimbursement. (B) The impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff or the department or its staff, or records that provide instructions, advice, or training to their employees. (2) (A) Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to Part 6.3 (commencing with Section 12695), Part 6.5 (commencing with Section 12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code, or Chapter 2.2 (commencing with Section 15850 of Division 9 of the Welfare and Institutions Code, on or after July 1, 1991, shall be open to inspection one year after their effective dates. (3) (8) If a contract that is entered into prior to July 1, 1991, is amended on or after July 1, 1991, the amendment, except for any portion containing the rates of payment, shall be open to inspection one year after the effective date of the amendment. Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (4) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Pubic Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 91 Port Three: The California Public Records Act (w) (1) Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts are open to inspection pursuant to paragraph (3). Records of the Managed Risk Medical Insurance Board related to activities governed by Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, and that reveal the deliberative processes, discussions, communications, or any other portion of the negotiations with health plans, or the impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff, or records that provide instructions, advice, or training to employees. (2) Except for the portion of a contract that contains the rates of payment, contracts for health coverage entered into pursuant to Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, on or after January 1, 1993, shall be open to inspection one year after they have been fully executed. Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts are open to inspection pursuant to paragraph (2). (3) (x) Financial data contained in applications for registration, or registration renewal, as a service contractor filed with the Director of Consumer Affairs pursuant to Chapter 20 (commencing with Section 9800) of Division 3 of the Business and Professions Code, for the purpose of establishing the service contractor's net worth, or financial data regarding the funded accounts held in escrow for service contracts held in force in this state by a service contractor. (y) (1) Records of the Managed Risk Medical Insurance Board related to activities governed by Part 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, and that reveal any of the following: (A) The deliberative processes, discussions, communications, or any other portion of the negotiations with entities contracting or seeking to contract with the board, entities with which the board is considering a contract, or entities with which the board is considering or enters into any other arrangement Public Records Act ® 2018 Richards, Watson & Gershon 2172263 PngF, 0? Part Three: The California Public Records Act under which the board provides, receives, or arranges services or reimbursement. (B) The impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff, or records that provide instructions, advice, or training to employees. (2) (A) Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to Part 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, on or after January 1, 1998, shall be open to inspection one year after their effective dates. (3) (B) If a contract entered into pursuant to Part 6.2 (commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code is amended, the amendment shall be open to inspection one year after the effective date of the amendment. Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (4) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to inspection pursuant to paragraph (2) or (3). (5) The exemption from disclosure provided pursuant to this subdivision for the contracts, deliberative processes, discussions, communications, negotiations, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of the board or its staff shall also apply to the contracts, deliberative processes, discussions, communications, negotiations, impressions, opinions, recommendations, meeting minutes, research, work product, theories, or strategy of applicants pursuant to Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code. Public Records Act ® 2018 Richards. Watson & Gershon 2172263 Pane 93 Part Three: The California Public Records Act (z) Records obtained pursuant to paragraph (2) of subdivision (c) of Section 2891.1 of the Public Utilities Code. (aa) A document prepared by or for a state or local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operations and that is for distribution or consideration in a closed session. (ab) Critical infrastructure information, as defined in Section 131(3) of Title 6 of the United States Code, that is voluntarily submitted to the Office of Emergency Services for use by that office, including the identity of the person who or entity that voluntarily submitted the information. As used in this subdivision, "voluntarily submitted" means submitted in the absence of the office exercising any legal authority to compel access to or submission of critical infrastructure information. This subdivision shall not affect the status of information in the possession of any other state or local governmental agency. (ac) All information provided to the Secretary of State by a person for the purpose of registration in the Advance Health Care Directive Registry, except that those records shall be released at the request of a health care provider, a public guardian, or the registrant's legal representative. (ad) The following records of the State Compensation Insurance Fund: (1) Records related to claims pursuant to Chapter 1 (commencing with Section 3200) of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed. (2) Records related to the discussions, communications, or any other portion of the negotiations with entities contracting or seeking to contract with the fund, and any related deliberations. (3) Records related to the impressions, opinions, recommendations, meeting minutes of meetings or sessions that are lawfully closed to the public, research, work product, theories, or strategy of the fund or its staff, on the development of rates, contracting strategy, underwriting, or competitive strategy pursuant to the powers granted to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code. (4) Records obtained to provide workers' compensation insurance under Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, including, but not limited, to, any Pubic Records Act 2018 Richards, Watson & Gershon 2172263 'uye 94 Port Three. The California Public Records Act (5) medical claims information, policyholder information provided that nothing in this paragraph shall be interpreted to prevent an insurance agent or broker from obtaining proprietary information or other information authorized by law to be obtained by the agent or broker, and information on rates, pricing, and claims handling received from brokers. (A) Records that are trade secrets pursuant to Section 6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, including without limitation, instructions, advice, or training provided by the State Compensation Insurance Fund to its board members, officers, and employees regarding the fund's special investigation unit, internal audit unit, and informational security, marketing, rating, pricing, underwriting, claims handling, audits, and collections. (B) Notwithstanding subparagraph (A), the portions of records containing trade secrets shall be available for review by the Joint Legislative Audit Committee, California Auditor's Office, Division of Workers' Compensation, and the Department of Insurance to ensure compliance with applicable law. (6) (A) Internal audits containing proprietary information and the following records that are related to an internal audit: (i) Personal papers and correspondence of any person providing assistance to the fund when that person has requested in writing that his or her papers and correspondence be kept private and confidential. Those papers and correspondence shall become public records if the written request is withdrawn, or upon order of the fund. (ii) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed or an internal audit that contains proprietary information. (B) Notwithstanding subparagraph (A), the portions of records containing proprietary information, or any information specified in subparagraph (A) shall be available for review by the Joint Legislative Audit Committee, California State Auditor's Office, Division of Workers' Compensation, and the Public Records Act m 2018 Richards, Watson & Gershon 2172263 Page YS Part Three: The California Public Records Act (7) Department of Insurance to ensure compliance with applicable law. (A) Except as provided in subparagraph (C), contracts entered into pursuant to Chapter 4 (commencing with Section 1 1770) of Part 3 of Division 2 of the Insurance Code shall be open to inspection one year after the contract has been fully executed. (B) If a contract entered into pursuant to Chapter 4 (commencing with Section 1 1770) of Part 3 of Division 2 of the Insurance Code is amended, the amendment shall be open to inspection one year after the amendment has been fully executed. (C) Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (D) Notwithstanding any other law. the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to inspection pursuant to this paragraph. (E) This paragraph is not intended to apply to documents related to contracts with public entities that are not otherwise expressly confidential as to that public entity. (F) For purposes of this paragraph, "fully executed" means the point in time when all of the necessary parties to the contract have signed the contract. This section does not prevent any agercy from opening its records concerning the administration of the agency to public inspection, unless disclosure is otherwise prohibited by law. This section does not prevent any health facility from disclosing to a certified bargaining agent relevant financing information pursuant to Section 8 of the Notional Labor Relations Act (29 U.S.C. Sec. 158). Pubic Records Act O 2018 Richards, Watson & Gershon 2172263 Page 9 Port Three: The California Public Records Act Section 6254.1. Disclosure of residence, mailing address or results of test for competency to safely operate motor vehicle (a) Except as provided in Section 6254.7, nothing in this chapter requires disclosure of records that are the residence address of any person contained in the records of the Department of Housing and Community Development, if the person has requested confidentiality of that information, in accordance with Section 18081 of the Health and Safety Code. (b) Nothing in this chapter requires the disclosure of the residence or mailing address of any person in any record of the Department of Motor Vehicles except in accordance with Section 1808.21 of the Vehicle Code. (c) Nothing in this chapter requires the disclosure of the results of a test undertaken pursuant to Section 12804.8 of the Vehicle Code. Section 6254.2. Pesticide safety and efficacy information. public disclosure; limitations; procedures (a) Nothing in this chapter exempts from public disclosure the same categories of pesticide safety and efficacy information that are disclosable under paragraph (1) of subsection (d) of Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136h(d) (1)), if the individual requesting the information is not an officer, employee, or agent specified in subdivision (h) and signs the affirmation specified in subdivision (h). (b) The Director of Pesticide Regulation, upon his or her initiative, or upon receipt of a request pursuant to this chapter for the release of data submitted and designated as a trade secret by a registrant or applicant, shall determine whether any or all of the data so submitted is a properly designated trade secret. In order to assure that the interested public has an opportunity to obtain and review pesticide safety and efficacy data and to comment prior to the expiration of the public comment period on a proposed pesticide registration, the director shall provide notice to interested persons when an application for registration enters the registration evaluation process. (c) If the director determines that the data is not a trade secret, the director shall notify the registrant or applicant by certified mail. (d) The registrant or applicant shall have 30 days after receipt of this notification to provide the director with a complete justification and Public Records Act 2018 Richards. Watson & Gershon 2172263 Page 97 Part Three: The California Pubic Records Act statement of the grounds on which the trade secret privilege is claimed. This justification and statement shall be submitted by certified mail. (e) The director shall determine whether the data is protected as a trade secret within 15 days after receipt of the justification and statement or, if no justification and statement is filed, within 45 days of the original notice. The director shall notify the registrant or applicant and any party who has requested the data pursuant to this chapter of that determination by certified mail. If the director determines that the data is not protected as a trade secret, the final notice shall also specify a date, not sooner than 15 days after the date of mailing of the final notice, when the data shall be available to any person requesting information pursuant to subdivision (a) (f) (g) "Trade secret" means data that is nondisclosable under paragraph (1) of subsection (d) of Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act. This section shall be operative only so long as, and to the extent that, enforcement of paragraph (1) of subsection (d) of Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act has not been enjoined by federal court order, and shall become inoperative if an unappealable federal court judgment or decision becomes final that holds that paragraph invalid, to the extent of the invalidity. (h) The director shall not knowingly disclose information submitted to the state by an applicant or registrant pursuant to Article 4 (commencing with Section 1281 1) of Chapter 2 of Division 7 of the Food and Agricultural Code to any officer, employee, or agent of any business or other entity engaged in the production, sale, or distribution of pesticides in countries other than the United States or in countries in addition to the United States, or to any other person who intends to deliver this information to any foreign or multi -national business or entity, unless the applicant or registrant consents to the disclosure. To implement this subdivision. the director shall require the following affirmation to be signed by the person who requests such information: Public Records Act m 2018 Richards, wotson & Gershon 2172263 Puge9h Part Three' The California Public Records Act AFFIRMATION OF STATUS This affirmation is required by Section 6254.2 of the Government Code. I have requested access to information submitted to the Department of Pesticide Regulation (or previously submitted to the Department of Food and Agriculture) by a pesticide applicant or registrant pursuant to the California Food and Agricultural Code. I hereby affirm all of the following statements: (1) I do not seek access to the information for purposes of delivering it or offering it for sale to any business or other entity, including the business or entity of which I am an officer, employee, or agent engaged in the production, sale, or distribution of pesticides in countries other than the United States or in countries in addition to the United States, or to the officers, employees, or agents of such a business or entity. (2) I will not purposefully deliver or negligently cause the data to be delivered to a business or entity specified in paragraph (1) or its officers, employees. or agents. I am aware that I may be subject to criminal penalties under Section 118 of the Penal Code if I make any statement of material facts knowing that the statement is false or if I willfully conceal any material fact. Name of Requester Nome of Requester's Organization Signoture of Requester Address of Requester Date Request No. Telephone Number of Requester Name, Address and Telephone Number of Requester's Client, if the Requester has requested access to the information on behalf of someone other than the Requester or the Requester's address listed above (1) (j) Notwithstanding any other provision of this section, the director may disclose information submitted by an applicant or registrant to any person in connection with a public proceeding conducted under law or regulation, if the director determines that the information is needed to determine whether a pesticide, or any ingredient of any pesticide, causes unreasonable adverse effects on health or the environment. The director shall maintain records of the names of persons to whom data is disclosed pursuant to this section and the persons or organizations they Public Records Act ® 2018 Richards. Watson & Gershon 2172263 Page 99 Part Three: The California Public Records Act represent and shall inform the applicant or registrant of the names and the affiliation of these persons. (k) Section 118 of the Penal Code applies to any affirmation made pursuant to this section. (I) Any officer or employee of the state or former officer or employee of the state who, because of this employment or official position, obtains possession of, or has access to, material which is prohibited from disclosure by this section, and who, knowing that disclosure of this material is prohibited by this section, willfully discloses the material in any manner to any person not entitled to receive it, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment. For purposes of this subdivision, any contractor with the state who is furnished information pursuant to this section, or any employee of any contractor, shall be considered an employee of the state. (m) This section does not prohibit any person from maintaining a civil action for wrongful disclosure of trade secrets. (n) The director may limit an individual to one request per month pursuant to this section if the director determines that a person has made a frivolous request within the past 12 -month period. Section 6254.3. Public agency employees; home addresses, phone numbers, and birth dates as public records; disclosure (a) The home addresses, home telephone numbers, personal cellular telephone numbers, and birth dates of all employees of a public agency shall not be deemed to be public records and shall not be open to public inspection, except that disclosure of that information may be made as follows: (1) To an agent, or a family member of the individual to whom the information pertains. (2) To an officer or employee of another public agency when necessary for the performance of its official duties. (3) To an employee organization pursuant to regulations and decisions of the Public Employment Relations Board, except that the home addresses and any phone numbers on file with the employer of Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 00 Part Three: The California PJbic Records Act employees performing law enforcement -related functions, and the birth date of any employee, shall not be disclosed. (4) To an agent or employee of a health benefit plan providing health services or administering claims for health services to public agencies and their enrolled dependents, for the purpose of providing the health services or administering claims for employees and their enrolled dependents. (b) Upon written request of any employee, a public agency shall not disclose the employee's home address, home telephone number, personal cellular telephone number, or birth date pursuant to paragraph (3) of subdivision (a) and an agency shall remove the employee's home address, home telephone number, and personal cellular telephone number from any mailing list maintained by the agency, except if the list is used exclusively by the agency to contact the employee. Section 6254.4. Voter registration information; confidentiality (a) The home address, telephone number, email address, precinct number, or other number specified by the Secretary of State for voter registration purposes, and prior registration information shown on the affidavit of registration, is confidential and shall not be disclosed to any person, except pursuant to Section 2194 of the Elections Code. (b) For purposes of this section, "home address" means street address only, and does not include an individual's City or post office address. (c) The California driver's license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on an affidavit of registration, or added to the voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.), are confidential and shall not be disclosed to any person. (d) The signature of the voter that is shown on the affidavit of registration is confidential and shall not be disclosed to any person. Public Records Act C 2018 Richords. Watson & Gershon 2172263 Page 101 Part Three: The California Public Records Act Section 6254.4.5. Disclosure of video or audio recording created during commission or investigation of the crime of rape, incest, sexual assault, domestic violence, or child abuse in which the face, intimate body part, or voice of a victim is depicted; inspection of video or audio recording by the victim (0) This chapter does not require disclosure of a video or audio recording that was created during the commission or investigation of the crime of rape, incest, sexual assault, domestic violence, or child abuse that depicts the face, intimate body part, or voice of a victim of the incident depicted in the recording. An agency shall justify withholding such a video or audio recording by demonstrating, pursuant to Section 6255, that on the facts of the particular case, the public interest served by not disclosing the recording clearly outweighs the public interest served by disclosure of the recording. (b) When balancing the public interests as required by this section, an agency shall consider both of the following: (1) The constitutional right to privacy of the person or persons depicted in the recording. (2) Whether the potential harm to the victim caused by disclosing the recording may be mitigated by redacting the recording to obscure images showing intimate body parts and personally identifying characteristics of the victim or by distorting portions of the recording containing the victim's voice, provided that the redaction does not prevent a viewer from being able to fully and accurately perceive the events captured on the recording. The recording shall not otherwise be edited or altered. (c) A victim of a crime described in subdivision (a) who is a subject of a recording, the parent or legal guardian of a minor subject, a deceased subject's next of kin, or a subject's legally authorized designee, shall be permitted to inspect the recording and to obtain a copy of the recording. Disclosure under this subdivision does not require that the record be made available to the public pursuant to Section 6254.5. (d) Nothing in this section shall be construed to affect any other exemption provided by this chapter. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 102 Part Three: The California Public Records Act Section 6254.5. Disclosures of public records; waiver of exemptions; application of section Notwithstanding any other provisions of law, whenever a state or local agency discloses a public record which is otherwise exempt from this chapter, to any member of the public, this disclosure shall constitute a waiver of the exemptions specified in Sections 6254, 6254.7, or other similar provisions of law. For purposes of this section, "agency" includes a member, agent, officer, or employee of the agency acting within the scope of his or her membership, agency, office, or employment. This section, however, shall not apply to disclosures: (a) Made pursuant to the Information Practices Act (commencing with Section 1798 of the Civil Code) or discovery proceedings. (b) Made through other legal proceedings or as otherwise required by law. (c) Within the scope of disclosure of a statute which limits disclosure of specified writings to certain purposes. (d) Not required by law, and prohibited by formal action of an elected legislative body of the local agency which retains the writings. (e) Made to any governmental agency which agrees to treat the disclosed material as confidential. Only persons authorized in writing by the person in charge of the agency shall be permitted to obtain the information. Any information obtained by the agency shall only be used for purposes which are consistent with existing law. (f) Of records relating to a financial institution or an affiliate thereof, if the disclosures are made to the financial institution or affiliate by a state agency responsible for the regulation or supervision of the financial institution or affiliate. (g) Of records relating to any person that is subject to the jurisdiction of the Department of Business Oversight, if the disclosures are made to the person that is the subject of the records for the purpose of corrective action by that person, or if a corporation, to an officer, director, or other key personnel of the corporation for the purpose of corrective action, or to any other person to the extent necessary to obtain information from that person for the purpose of an investigation by the Department of Corporations. Public Records Act ® 2018 Richards, Watson 8. Gershon 2172263 Page 103 Part Three: The California Public Records Act (h) Made by the Commissioner of Business Oversight under Section 450, 452, 8009, or 18396 of the Financial Code. (i) Of records relating to any person that is subject to the jurisdiction of the Department of Managed Health Care, if the disclosures are made to the person that is the subject of the records for the purpose of corrective action by that person, or if a corporation, to an officer, director, or other key personnel of the corporation for the purpose of corrective action, or to any other person to the extent necessary to obtain information from that person for the purpose of an investigation by the Department of Managed Health Care. Section 6254.6. Private industry wage data from federal bureau of labor statistics; identity of employers; confidentiality Whenever a City and county or a joint powers agency, pursuant to a mandatory statute or charter provision to collect private industry wage data for salary setting purposes, or a contract entered to implement that mandate, is provided this data by the federal Bureau of Labor Statistics on the basis that the identity of private industry employers shall remain confidential, the identity of the employers shall not be open to the public or be admitted as evidence in any action or special proceeding. Section 6254.7. (a) Air pollution data; public records; notices and orders to building owners; trade secrets; data used to calculate costs of obtaining emission offsets All information, analyses, plans, or specifications that disclose the nature, extent, quantity, or degree of air contaminants or other pollution which any article, machine, equipment, or other contrivance will produce, which any air pollution control district or air quality management district, or any other state or local agency or district, requires any applicant to provide before the applicant builds, erects, alters, replaces, operates, sells, rents, or uses the article, machine, equipment, or other contrivance, are public records. (b) AH air or other pollution monitoring data, including data compiled from stationary sources, are public records. (c) All records of notices and orders directed to the owner of any building of violations of housing or building codes, ordinances, statutes, or regulations which constitute violations of standards provided in Section 1941.1 of the Civil Code, and records of subsequent action with respect to those notices and orders, are public records. Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 104 Part Three The California Public Records Ac' (d) Except as otherwise provided in subdivision (e) and Chapter 3 (commencing with Section 99150) of Part 65 of the Education Code, trade secrets are not public records under this section. "Trade secrets," as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce, or compound an article of trade or a service having commercial value and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. (e) (f) Notwithstanding any other provision of law, all air pollution emission data, including those emission data which constitute trade secrets as defined in subdivision (d), are public records. Data used to calculate emission data are not emission data for the purposes of this subdivision and data which constitute trade secrets and which are used to calculate emission data are not public records. Data used to calculate the costs of obtaining emissions offsets are not public records. At the time that an air pollution control district or air quality management district issues a permit to construct to an applicant who is required to obtain offsets pursuant to district rules and regulations, data obtained from the applicant consisting of the year the offset transaction occurred, the amount of offsets purchased, by pollutant, and the total cost, by pollutant, of the offsets purchased is a public record. If an application is denied, the data shall not be a public record. Section 6254.8. Employment contracts between state or local agency and public official or employee; public record Every employment contract between a state or local agency and any public official or public employee is a public record which is not subject to the provisions of Sections 6254 and 6255. Section 6254.9. Computer software; status as public record; sale, lease, or license authorized; limitations (a) Computer software developed by a state or local agency is not itself a public record under this chapter. The agency may sell, lease, or license the software for commercial or noncommercial use. (b) As used in this section, "computer software" includes computer mapping systems, computer programs, and computer graphics systems. Public Records Act 2018 Richards, Watson & Gershon 2172263 Page l05 Part Three: The California Public Records Au' (c) This section shall not be construed to create an implied warranty on the part of the State of California or any local agency for errors, omissions, or other defects in any computer software as provided pursuant to this section. (d) Nothing in this section is intended to affect the public record status of information merely because it is stored in a computer. Public records stored in a computer shall be disclosed as required by this chapter. (e) Nothing in this section is intended to limit any copyright protections. Section 6254.10. Disclosure of records relating to archaeological site information and specified reports not required Nothing in this chapter requires disclosure of records that relate to archaeological site information and reports maintained by, or in the possession of, the Department of Parks and Recreation, the State Historical Resources Commission, the State Lands Commission, the Native American Heritage Commission, another state agency, or a local agency, including the records that the agency obtains through a consultation process between a California Native American tribe and a state or local agency. Section 6254.11. Volatile organic compounds or chemical substances information Nothing in this chapter requires the disclosure of records that relate to volatile organic compounds or chemical substances information received or compiled by an air pollution control officer pursuant to Section 42303.2 of the Health and Safety Code. Section 6254.12. Broker-dealer license information; disciplinary records Any information reported to the North American Securities Administrators Association/Financial Industry Regulatory Authority and compiled as disciplinary records which are made available to the Department of Business Oversight through a computer system, shall constitute a public record. Notwithstanding any other provision of law, the Department of Business Oversight may disclose that information and the current license status and the year of issuance of the license of a broker-dealer upon written or oral request pursuant to Section 25247 of the Corporations Code. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page IO! Port Three: The California Public Records Act Section 6254.13. Statewide testing program; test questions or materials; disclosure to Member of Legislature or Governor; confidentiality Notwithstanding Section 6254, upon the request of any Member of the Legislature or upon request of the Governor or his or her designee, test questions or materials that would be used to administer an examination and are provided by the State Department of Education and administered as part of a statewide testing program of pupils enrolled in the public schools shall be disclosed to the requester. These questions or materials may not include an individual examination that has been administered to a pupil and scored. The requester may not take physical possession of the questions or materials, but may view the questions or materials at a location selected by the department. Upon viewing this information, the requester shall keep the materials that he or she has seen confidential. Section 6254.14. Health care services contract records of the Department of Corrections and Rehabilitation or the California Medical Assistance Commission (a) (1) Except as provided in Sections 6254 and 6254.7, nothing in this chapter shall be construed to require disclosure of records of the Department of Corrections and Rehabilitation that relate to health care services contract negotiations, and that reveal the deliberative processes, discussions, communications, or any other portion of the negotiations, including, but not limited to, records related to those negotiations such as meeting minutes, research, work product, theories, or s•rategy of the department, or its staff, or members of the California Medical Assistance Commission, or its staff, who act in consultation with, or on behalf of, the department. (2) Except for the portion of a contract that contains the rates of payment, contracts for health services entered into by the Department of Corrections and Rehabilitation or the California Medical Assistance Commission on or after July 1, 1993, shall be open to inspection one year after they are fully executed. In the event that a contract for health services that is entered into prior to July 1, 1993, is amended or) or after July 1, 1993, the amendment, except for any portion containing rates of payment, shall be open to inspection one year after it is fully executed. (3) Three years after a contract or amendment is open to inspection under this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page • 07 Port Three The California Pubric Records Act (4) Notwithstanding any other provision of law, including, but not limited to, Section 1060 of the Evidence Code, the entire contract or amendment shall be open to inspection by the Joint Legislative Audit Committee, the California State Auditor's Office, and the Legislative Analyst's Office. The Joint Legislative Audit Committee, the California State Auditor's Office, and the Legislative Analyst's Office shall maintain the confidentiality of the contracts and amendments until the contract or amendment is fully open to inspection by the public. (5) It is the intent of the Legislature that confidentiality of health care provider contracts, and of the contracting process as provided in this subdivision, is intended to protect the competitive nature of the negotiation process, and shall not affect public access to other information relating to the delivery of health care services. (b) The inspection authority and confidentiality requirements established in subdivisions (q), (v), and (y) of Section 6254 for the Legislative Audit Committee shall also apply to the California State Auditor's Office and the Legislative Analyst's Office. Section 6254.15. Information relating to retention, location, or expansion of corporate facility within the state; redaction Nothing in this chapter shall be construed to require the disclosure of records that are any of the following: corporate financial records, corporate proprietary information including trade secrets, and information relating to siting within the state furnished to a government agency by a private company for the purpose of permitting the agency to work with the company in retaining, locating, or expanding a facility within California. Except as provided below, incentives offered by state or local government agencies, if any, shall be disclosed upon communication to the agency or the public of a decision to stay, locate, relocate, or expand, by a company, or upon application by that company to a governmental agency for a general plan amendment, rezone, use permit, building permit, or any other permit, whichever occurs first. The agency shall delete, prior to disclosure to the public, information that is exempt pursuant to this section from any record describing state or local incentives offered by an agency to a private business to retain, locate, relocate, or expand the business within California. Section 6254.16. Utility customers; disclosure of names, credit histories, usage data, addresses, or telephone numbers Nothing in this chapter shall be construed to require the disclosure of the name, credit history, utility usage data, home address, or telephone number of utility Public Records Act ® 2018 Richards, Watson 8. Gershon 2172263 Puce ! u8 Part Three: The California Public Records Act customers of local agencies, except that disclosure of name, utility usage data, and the home address of utility customers of local agencies shall be made available upon request as follows: (0) To an agent or authorized family member of the person to whom the information pertains. (b) To an officer or employee of another governmental agency when necessary for the performance of its official duties. (c) Upon court order or the request of a law enforcement agency relative to an ongoing investigation. (d) Upon determination by the local agency that the utility customer who is the subject of the request has used utility services in a manner inconsistent with applicable local utility usage policies. (e) Upon determination by the local agency that the utility customer who is the subject of the request is an elected or appointed official with authority to determine the utility usage policies of the local agency, provided that the home address of an appointed official shall not be disclosed without his or her consent. (f) Upon determination by the local agency that the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure. Section 6254.17. Requests for assistance by crime victims (0) Nothing in this chapter shall be construed to require disclosure of records of the California Victim Compensation and Government Claims Board that relate to a request for assistance under Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of Division 3 of Title 2. (b) This section shall not apply to a disclosure of the following information, if no information is disclosed that connects the information to a specific victim, derivative victim, or applicant under Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of Division 3 of Title 2: (1) The amount of money paid to a specific provider of services. (2) Summary data concerning the types of crimes for which assistance is provided. Section 6254.18. Exemption of personal information received, collected, or compiled by public agency regarding employees, Puoiic Records Act © 2018 Richards. Watson & Gershor 21/2263 Pre X39 Port Three: The California Public Records Ac' volunteers, board members, owners, etcof reproductive health services facilities; definitions; injunctive relief; notification of application; term of protection; notice of separation (a) Nothing in this chapter shall be construed to require disclosure of any personal information received, collected, or compiled by a public agency regarding the employees, volunteers, board members, owners, partners, officers, or contractors of a reproductive health services facility who have notified the public agency pursuant to subdivision (d) if the personal information is contained in a document that relates to the facility. (b) For purposes of this section, the following terms have the following meanings: (1) "Contractor" means an individual or entity that contracts with a reproductive health services facility for services related to patient care. (2) "Personal information" means the following information related to an individual that is maintained by a public agency: social security number, physical description, home address, home telephone number, statements of personal worth or personal financial data filed pursuant to subdivision (n) of Section 6254, personal medical history, employment history, electronic mail address, and information that reveals any electronic network location or identity. (3) "Public agency" means all of the following: (A) The State Department of Health Care Services. (B) The Department of Consumer Affairs. (C) The Department of Managed Health Care. (D) The State Department of Public Health. (5) "Reproductive health services facility" means the office of a licensed physician and surgeon whose specialty is family practice, obstetrics, or gynecology, or a licensed clinic, where at least 50 percent of the patients of the physician or the clinic are provided with family planning or abortion services. (c) Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to obtain access to Public Records Act © 2018 Richards, Watson & Gershon 2172263 Daae Part Three: The California Public Records Act employment history information pursuant to Sections 6258 and 6259. If the court finds, based on the facts of a particular case, that the public interest served by disclosure of employment history information clearly outweighs the public interest served by not disclosing the information, the court shall order the officer or person charged with withholding the information to disclose employment history information or show cause why he or she should not do so pursuant to Section 6259. (d) In order for this section to apply to an individual who is an employee, volunteer, board member, officer, or contractor of a reproductive health services facility, the individual shall notify the public agency to which his or her personal information is being submitted or has been submitted that he or she falls within the application of this section. The reproductive health services facility shall retain a copy of all notifications submitted pursuant to this section. This notification shall be valid if it complies with all of the following: (1) Is on the official letterhead of the facility. (2) Is clearly separate from any other language present on the same page and is executed by a signature that serves no other purpose than to execute the notification. (3) Is signed and dated by both of the following: (A) The individual whose information is being submitted. (B) The executive officer or his or her designee of the reproductive health services facility. (e) The privacy protections for personal information authorized pursuant to this section shall be effective from the time of notification pursuant to subdivision (d) until either one of the following occurs: Six months after the date of separation from a reproductive health services facility for an individual who has served for not more than one year as an employee, contractor, volunteer, board member, or officer of the reproductive health services facility. (2) One year after the date of separation from a reproductive health services facility for an individual who has served for more than one year as an employee, contractor, volunteer, board member, or officer of the reproductive health services facility. Public Records Act © 2018 Richards, Watson 8, Gershon 2172263 Page 1 I Pnrt Three The lalitornin Ruhlir Records Act (f) Within 90 days of separation of an employee, contractor, volunteer, board member, or officer of the reproductive health services facility who has provided notice to a public agency pursuant to subdivision (c), the facility shall provide notice of the separation to the relevant agency or agencies. (g) Nothing in this section shall prevent the disclosure by a government agency of data regarding age, race, ethnicity, national origin, or gender of individuals whose personal information is protected pursuant to this section, so long as the data contains no individually identifiable information. Section 6254.19. Information security records; records stored within information technology systems Nothing in this chapter shall be construed to require the disclosure of an information security record of a public agency, if, on the facts of the particular case, disclosure of that record would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of a public agency. Nothing in this section shall be construed to limit public disclosure of records stored within an information technology system of a public agency that are not otherwise exempt from disclosure pursuant to this chapter or any other provision of law. Section 6254.20. Electronically collected personal information Nothing in this chapter sha►l be construed to require the disclosure of records that relate to electronically collected personal information, as defined by Section 11015.5, received, collected, or compiled by a state agency. Section 6254.21. (0) Posting or sale of elected or appointed official's personal information on Internet; remedies for violation; liability of computer service or software provider No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual. (b) No person shall knowingly post the home address or telephone number of any elected or appointed official, or of the official's residing spouse or child on the Internet knowing that person is an elected or appointed official and intending to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this subdivision is a misdemeanor. A violation of Public Records Act 6 2018 Richards, Watson & Gershon 2172263 ?uye ' 12 Part Three: The California Public Records Act this subdivision that leads to the bodily injury of the official, or his or her residing spouse or child, is a misdemeanor or a felony. (c) (1) (A) No person, business, or association shall publicly post or publicly display on the Internet the home address or telephone number of any elected or appointed official if that official has either directly or through an agent designated under paragraph (3), made a written demand of that person, business, or association to not disclose his or her home address or telephone number. (B) A written demand made under this paragraph by a state constitutional officer, a mayor, or a Member of the Legislature, a City council, or a board of supervisors shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (C) A written demand made under this paragraph by an elected official shall be effective for four years, regardless of whether or not the official's term has expired prior to the end of the four-year period. (D) (i) A person, business, or association that receives the written demand of an elected or appointed official pursuant to this paragraph shall remove the official's home address or telephone number from public display on the Internet, including information provided to cellular telephone applications, within 48 hours of delivery of the written demand, and shall continue to ensure that this information is not reposted on the same Internet Website, subsidiary site, or any other Internet Website maintained by the recipient of the written demand. (ii) After receiving the elected or appointed official's written demand, the person, business, or association shall not transfer the appointed or elected official's home address or telephone number to any other person, business, or association through any other medium. (iii) Clause (ii) shall not be deemed to prohibit a telephone corporation, as defined in Section 234 of the Public Utilities Code, or its affiliate, from transferring the Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page l 13 Part Three The Californio Public Records Act elected or appointed official's home address or telephone number to any person, business, or association, if the transfer is authorized by federal or state law, regulation, order, or tariff, or necessary in the event of an emergency, or to collect a debt owed by the elected or appointed official to the telephone corporation or its affiliate. (E) For purposes of this paragraph, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public. (2) An official whose home address or telephone number is made public as a result of a violation of paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the official court costs and reasonable attorney's fees. A fine not exceeding one thousand dollars ($1,000) may be imposed for a violation of the court's order for an injunction or declarative relief obtained pursuant to this paragraph. (3) An elected or appointed official may designate in writing the official's employer, a related governmental entity, or any voluntary professional association of similar officials to act, on behalf of that official, as that official's agent with regard to making a written demand pursuant to this section. In the case of an appointed official who is a peace officer, as defined in Section 830 to 830.65, inclusive, of the Penal Code, a District Attorney, or a Deputy District Attorney, that official may also designate his or her recognized collective bargaining representative to make a written demand on his or her behalf pursuant to this section. A written demand made by an agent pursuant to this paragraph shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address. (d) (1) No person, business, or association shall solicit, sell, or trade on the Internet the home address or telephone number of an elected or appointed official with the intent to cause imminent great bodily harm to the official or to any person residing at the official's home address. (2) Notwithstanding any other law, an official whose home address or telephone number is solicited, sold, or traded in violation of Public Records ACt m 2018 Richards, Watson 8. Gershon 2172263 Paye 14 Part Three: The California Public Records Act paragraph (1) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it shall award damages to that official in an amount up to a maximum of three times the actual damages but in no case less than four thousand dollars ($4,000). (e) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to an elected or appointed official. (f) (For purposes of this section, "elected or appointed official" includes, but is not limited to, all of the following: (1) State constitutional officers. (2) Members of the Legislature. (3) Judges and court commissioners. (4) District attorneys. (5) Public defenders. (6) Members of a City council. (7) Members of a board of supervisors. (8) Appointees of the Governor. (9) Appointees of the Legislature. (10) Mayors. (1 1) City attorneys. (12) Police chiefs and sheriffs. (13) A public safety official as defined in Section 6254.24. (14) State administrative law judges. (15) Federal judges and federal defenders. (16) Members of the United States Congress and appointees of the President. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 115 Part Three: The California Public Records Act (g) Nothing in this section is intended to preclude punishment instead under Sections 69, 76, or 422 of the Penal Code, or any other provision of law. Section 6254.22. Records of certain health plans Nothing in this chapter or any other provision of law shall require the disclosure of 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, formulae or calculations for these payments, and contract negotiations with providers of health care for alternative rates for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exemption. 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. Section 6254.23. Disclosure of risk assessment or railroad infrastructure protections program Nothing in this chapter or any other provision of law shall require the disclosure of a risk assessment or railroad infrastructure protection program filed with the Public Utilities Commission, the Director of Homeland Security, and the Office of Emergency Services pursuant to Article 7.3 (commencing with Section 7665) of Chapter 1 of Division 4 of the Public Utilities Code. Section 6254.24. "Public safety official" defined As used in this chapter, "public safety official" means the following parties, whether active or retired: (a) A peace officer as defined in Sections 830 to 830.65, inclusive, of the Penal Code, or a person who is not a peace officer, but may exercise the powers of arrest during the course and within the scope of their employment pursuant to Section 830.7 of the Penal Code. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 1 16 Port Three The California Pubic Records Act (b) A public officer or other person listed in Sections 1808.2 and 1808.6 of the Vehicle Code. (c) An "elected or appointed official" as defined in subdivision (f) of Section 6254.21. (d) An attorney employed by the Department of Justice, the State Public Defender, or a county office of the district attorney or public defender, the United States Attorney, or the Federal Public Defender. (e) A City attorney and an attorney who represent cities in criminal matters. (f) An employee of the Department of Corrections and Rehabilitation who supervises inmates or is required to have a prisoner in his or her care or custody. (g) A sworn or nonsworn employee who supervises inmates in a City police department, a county sheriff's office, the Department of the California Highway Patrol, federal, state, or a local detention facility, and a local juvenile hall, camp, ranch, or home, and a probation officer as defined in Section 830.5 of the Penal Code. (h) A federal prosecutor, a federal criminal investigator, and a National Park Service Ranger working in Califorria. (i) The surviving spouse or child of a peace officer defined in Section 830 of the Penal Code, if the peace officer died in the line of duty. (j) State and federal judges and court commissioners. (k) An employee of the Attorney General, a district attorney, or a public defender who submits verification from the Attorney General, district attorney, or public defender that the employee represents the Attorney General, district attorney, or public defender in matters that routinely place that employee in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts. (1) A nonsworn employee of the Department of Justice or a police department or sheriff's office that, in the course of his or her employment, is responsible for collecting, documenting, and preserving physical evidence at crime scenes, testifying in court as an expert witness, and other technical duties, and a nonsworn employee that, in the course of his or her employment, performs a variety of standardized and advanced laboratory procedures in the examination of physical crime evidence, determines their results, and provides expert testimony in court. Pubic Records Act © 2018 Richards, Watson R. Gershon 2172263 Page 1 I 7 I'nrt Three: The California Public Records Act Section 6254.25. Memorandum from legal counsel to state body or local agency; pending litigation Nothing in this chapter or any other provision of law shall require the disclosure of a memorandum submitted to a state body or to the legislative body of a local agency by its legal counsel pursuant to subdivision (q) of Section 11126 or Section 54956.9 until the pending litigation has been finally adjudicated or otherwise settled. The memorandum shall be protected by the attorney work - product privilege until the pending litigation has been finally adjudicated or otherwise settled. Section 6254.26. Alternative investments of public investment funds; records exempt from disclosure (a) Notwithstanding any provision of this chapter or other law, the following records regarding alternative investments in which public investment funds invest shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the keeper of the information: (1) Due diligence materials that are proprietary to the public investment fund or the alternative investment vehicle. (2) Quarterly and annual financial statements of alternative investment vehicles. (3) Meeting materials of alternative investment vehicles. (4) Records containing information regarding the portfolio positions in which alternative investment funds invest. (5) Capital call and distribution notices. (6) Alternative investment agreements and all related documents. (b) Notwithstanding subdivision (a), the following information contained in records described in subdivision (a) regarding alternative investments in which public investment funds invest shall be subject to disclosure pursuant to this chapter and shall not be considered a trade secret exempt from disclosure: The name, address, and vintage year of each alternative investment vehicle. (2) The dollar amount of the commitment made to each alternative investment vehicle by the public investment fund since inception. Pubic Records Act © 2018 Richards, Watson & Gershon 2172263 Pcuae 1 13 Part Three: The California Public Records Act (3) The dollar amount of cash contributions made by the public investment fund to each alternative investment vehicle since inception. (4) The dollar amount, on a fiscal yearend basis, of cash distributions received by the public investment fund from each alternative investment vehicle. (5) The dollar amount, on a fiscal yearend basis, of cash distributions received by the public investment fund plus remaining value of partnership assets attributable to the public investment fund's investment in each alternative investment vehicle. (6) The net internal rate of return of each alternative investment vehicle since inception. (7) The investment multiple of each alternative investment vehicle since inception. (8) The dollar amount of the total management fees and costs paid on an annual fiscal yearend basis, by the public investment fund to each alternative investment vehicle. (9) The dollar amount of cash profit received by public investment funds from each alternative investment vehicle on a fiscal year-end basis. (c) For purposes of this section, the following definitions shall apply: (1) "Alternative investment" means an investment in a private equity fund, venture fund, hedge fund, or absolute return fund. (2) "Alternative investment vehicle" means the limited partnership, limited liability company, or similar legal structure through which the public investment fund invests in portfolio companies. (3) "Portfolio positions" means individual portfolio investments made by the alternative investment vehicles. (4) "Public investment fund" means any public pension or retirement system, and any public endowment or foundation. Public Records Act 2018 Richards. Watson & Gershon 2172263 Poge I ' 9 Part Three: The California P.iblic Records Act Section 6254.27. Disclosure of official records not required if public record available; county recorder Nothing in this chapter shall be construed to require the disclosure by a county recorder of any "official record" if a "public record" version of that record is available pursuant to Article 3.5 (commencing with Section 27300) of Chapter 6 of Part 3 of Division 2 of Title 3. Section 6254.28. Disclosure of official records not required if public record available; filing office Nothing in this chapter shall be construed to require the disclosure by a filing office of any "official record" if a "public record" version of that record is available pursuant to Section 9526.5 of the Commercial Code. Section 6254.29. Legislative intent; protection of social security numbers (a) It is the intent of the Legislature that, in order to protect against the risk of identity theft, local agencies shall redact social security numbers from records before disclosing them to the public pursuant to this chapter. (b) Nothing in this chapter shall be construed to require a local agency to disclose a social security number. (c) This section shall not apply to records maintained by a county recorder. Section 6254.30. Disclosure of information by law enforcement agencies to victim or victim's authorized representative A state or local law enforcement agency shall not require a victim of an incident, or an authorized representative thereof, to show proof of the victim's legal presence in the United States in order to obtain the information required to be disclosed by that law enforcement agency pursuant to subdivision (1) of Section 6254. However, if, for identification purposes, a state or local law enforcement agency requires identification in order for a victim of an incident, or an authorized representative thereof, to obtain that information, the agency shall, at a minimum, accept a current driver's license or identification card issued by any state in the United States, a current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship, or a current Matricula Consular card. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 120 Part Three: The C'nlitornia Public Records Act Section 6254.33 Vendors and contractors; disclosure of identification number, alphanumeric character, or other unique identifying code used by public agency Nothing in this chapter shall require the disclosure of an identification number, alphanumeric character, or other unique identifying code that a public agency uses to identify a vendor or contractor, or an affiliate of a vendor or contractor, unless the identification number, alphanumeric character, or other unique identifying code is used in a public bidding or an audit involving the public agency. Section 6255. Justification for withholding of records (a) The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or 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. (b) A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing. Section 6257.5. Purpose of request for disclosure; effect This chapter 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. Section 6258. Proceedings to enforce right to inspect or to receive copy of record Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any public record or class of public records under this chapter. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time. Section 6259. Order of court: review; contempt; court costs and attorney fees (a) Whenever it is made to appear by verified petition to the superior court of the county where the records or some part thereof are situated that certain public records are being improperly withheld from a member of Public Records Act ® 2018 Richards, Watson E. Gershon 2172263 Pace 171 port Three: The Coifornia Public Records Act the public, the court shall order the officer or person charged with withholding the records to disclose the public record or show cause why he or she should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties and any oral argument and additional evidence as the court may allow, (b) If the court finds that the public official's decision to refuse disclosure is not justified under Section 6254 or 6255, he or she shall order the public official to make the record public. If the judge determines that the public official was justified in refusing to make the record public, he or she shall return the item to the public official without disclosing its content with an order supporting the decision refusing disclosure. (c) In an action filed on or after January 1, 1991, an order of the court, either directing disclosure by a public official or supporting the decision of the public official refusing disclosure, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon him or her of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why he or she is not in contempt of court. (d) The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and fees shall be paid by the public agency of which the public official is a member or employee and shall not become a personal liability of the public official. If the court finds that the plaintiff's case is clearly frivolous, it shall award court costs and reasonable attorney fees to the public agency. Section 6260. Effect of chapter on prior rights and proceedings The provisions of this chapter shall not be deemed in any manner to affect the status of judicial records as it existed immediately prior to the effective date of this section, nor to affect the rights of litigants, including parties to administrative Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 122 Part Three: The California Public Records Act proceedings, under the laws of discovery of this state, nor to limit or impair any rights of discovery in a criminal case. Section 6261. Itemized statement of total expenditures and disbursement of any agency Notwithstanding Section 6252, an itemized statement of the total expenditures and disbursement of any agency provided for in Article VI of the California Constitution shall be open for inspection. Section 6262. Exemption of records of complaints to, or investigations by, any state or local agency for licensing purposes; application to district attorney The exemption of records of complaints to, or investigations conducted by, any state or local agency for licensing purposes under subdivision (f) of Section 6254 shall not apply when a request for inspection of such records is made by a district attorney. Section 6263. District attorney; inspection or copying of nonexempt public records A state or local agency shall allow an inspection or copying of any public record or class of public records not exempted by this chapter when requested by a district attorney. Section 6264. Order to allow district attorney to inspect or copy records The district attorney may petition a court of competent jurisdiction to require a state or local agency to allow him to inspect or receive a copy of any public record or class of public records not exempted by this chapter when the agency fails or refuses to allow inspection or copying within 10 working days of a request. The court may require a public agency to permit inspection or copying by the district attorney unless the public interest or good cause in withholding such records clearly outweighs the public interest in disclosure. Section 6265. Disclosure of records to district attorney; status of records Disclosure of records to a district attorney under the provisions of this chapter shall effect no change in the status of the records under any other provision of law. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 123 Part Three The California Public Records Ac' Section 6267. Confidentiality of patron use records of any library supported by public funds; Exceptions; "Patron use records" All patron use records of any library which is in whole or in part supported by public funds shall remain confidential and shall not be disclosed by a public agency, or private actor that maintains or stores patron use records on behalf of a public agency, to any person, local agency, or state agency except as follows: (a) By a person acting within the scope of his or her duties within the administration of the library. (b) By a person authorized, in writing, by the individual to whom the records pertain, to inspect the records. (c) By order of the appropriate superior court. As used in this section, the term "patron use records" includes the following: Any written or electronic record, that is used to identify the patron, including, but not limited to, a patron's name, address, telephone number, or e-mail address, that a library patron provides in order to become eligible to borrow or use books and other materials. Any written record or electronic transaction that identifies a patron's borrowing information or use of library information resources, including, but not limited to, database search records, borrowing records, class records, and any other personally identifiable uses of library resources information requests, or inquiries. This section shall not apply to statistical reports of patron use nor to records of fines collected by the library. Section 6268. Public records in custody or control of Governor leaving office; transfer to state archives; restriction on public access; conditions Public records, as defined in Section 6252, in the custody or control of the Governor when he or she leaves office, either voluntarily or involuntarily, shall, as soon as is practical, be transferred to the State Archives. Notwithstanding any other provision of law, the Governor, by written instrument, the terms of which shall be made public, may restrict public access to any of the transferred public records, or any other writings he or she may transfer, which have not already been made accessible to the public. With respect to public records, public access, as otherwise provided for by this chapter, shall not be restricted for a period greater than 50 years or the death of the Governor, whichever is later, Public Records Act © 2018 Richards. Watson & Gershon 2172263 Prigr. 124 Port Three: The California Public Records Act nor shall there be any restriction whatsoever with respect to enrolled bill files, press releases, speech files, or writings relating to applications for clemency or extradition in cases which have been closed for a period of at least 25 years. Subject to any restrictions permitted by this section, the Secretary of State, as custodian of the State Archives, shall make all such public records and other writings available to the public as otherwise provided for in this chapter. Except as to enrolled bill files, press releases, speech files, or writings relating to applications for clemency or extradition, this section shall not apply to public records or other writings in the direct custody or control of any Governor who held office between 1974 and 1988 at the time of leaving office, except to the extent that that Governor may voluntarily transfer those records or other writings to the State Archives. Notwithstanding any other provision of law, the public records and other writings of any Governor who held office between 1974 and 1988 may be transferred to any educational or research institution in California provided that with respect to public records, public access, as otherwise provided for by this chapter, shall not be restricted for a period greater than 50 years or the death of the Governor, whichever is later. No records or writings may be transferred pursuant to this paragraph unless the institution receiving them agrees to maintain, and does maintain, the materials according to commonly accepted archival standards. No public records transferred shall be destroyed by that institution without first receiving the written approval of the Secretary of State, as custodian of the State Archives, who may require that the records be placed in the State Archives rather than being destroyed. An institution receiving those records or writings shall allow the Secretary of State, as custodian of the State Archives, to copy, at state expense, and to make available to the public, any and all public records, and inventories, indices, or finding aids relating to those records, which the institution makes available to the public generally. Copies of those records in the custody of the State Archives shall be given the same legal effect as is given to the originals. Section 6268.5 Records subject to Section 6268: determination whether appropriate for preservation in State Archives; professional archival practices The Secretary of State may appraise and manage new or existing records that are subject to Section 6268 to determine whether the records are appropriate for preservation in the State Archives. For purposes of this section, the Secretary of State shall use professional archival practices, including, but not limited to, appraising the historic value of the records, arranging and describing the records, rehousing the records in appropriate storage containers, or providing any conservation treatment that the records require. Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 125 Part Three: The California Public Records Act Section 6270. Sale, exchange or otherwise providing records subject to disclosure to private entities; prohibition; exception (a) Notwithstanding any other provision of law, no state or local agency shall sell, exchange, furnish, or otherwise provide a public record subject to disclosure pursuant to this chapter to a private entity in a manner that prevents a state or local agency from providing the record directly pursuant to this chapter. Nothing in this section requires a state or local agency to use the State Printer to print public records. Nothing in this section prevents the destruction of records pursuant to law. (b) This section shall not apply to contracts entered into prior to January 1, 1996, between the County of Santa Clara and a private entity for the provision of public records subject to disclosure under this chapter. Section 6270.5 Catalog of enterprise systems; local agency requirements; posting; disclosures; effect on public inspection rights (a) In implementing this chapter, each local agency, except a local educational agency, shall create a catalog of enterprise systems. The catalog shall be made publicly available upon request in the office of the person or officer designated by the agency's legislative body. The catalog shall be posted in a prominent location on the local agency's Internet Web site, if the agency has an Internet Web site. The catalog shall disclose a list of the enterprise systems utilized by the agency and, for each system, shall also disclose all of the following: (1) Current system vendor. (2) Current system product. (3) A brief statement of the system's purpose. (4) A general description of categories or types of data. (5) The department that serves as the system's primary custodian. (6) How frequently system data is collected. (7) How frequently system data is updated. (b) This section shall not be interpreted to limit a person's right to inspect public records pursuant to this chapter. Public Records Act © 2CI8 Richards, Watson & Gershon 2172263 Puge 26 Part Three: The California Public Records Act (c) For purposes of this section: (1) "Enterprise system" means a software application or computer system that collects, stores, exchanges, and analyzes information that the agency uses that is both of the following: (A) A multidepartmental system or a system that contains information collected about the public. (B) A system of record. (2) "System of record" means a system that serves an original source of data within an agency. (3) An enterprise system shall not include any of the following: (A) Information technology security systems, including firewalls and other cybersecurity systems. (B) Physical access control systems, employee identification management systems, video monitoring, and other physical control systems. (C) Infrastructure and mechanical control systems, including those that control or manage street lights, electrical, natural gas, or water or sewer functions. (E) Systems related to 911 dispatch and operation or emergency services. (F) Systems that would be restricted from disclosure pursuant to Section 6254.19. (G) The specific records that the information technology system collects, stores, exchanges. or analyzes. (d) Nothing in this section shall be construed to permit public access to records held by an agency to which access is otherwise restricted by statute or to alter the process for requesting public records, as set forth in this chapter. (e) If, on the facts of the particular case, the public interest served by not disclosing the information described in paragraph (1) or (2) of subdivision (a) clearly outweighs the public interest served by disclosure of the record, the local agency may instead provide a system name, brief title, or identifier of the system. PubliL Records AO © 2018 Richards, Watson & Gershon 2172263 Page 127 Part Three: The California Pubic Records Act (f) The local agency shall complete and post the catalog required by this section by July 1, 2016, and thereafter shall update the catalog annually. Pubic Records Act © 2018 Richards, Watson & Gershon 2172263 Page 128 Part Three. The California Public Records Act ARTICLE 2 - OTHER EXEMPTIONS FROM DISCLOSURE CALIFORNIA GOVERNMENT CODE SECTIONS 6275-6276.48 Section 6275. Legislative intent; effect of listing in article It is the intent of the Legislature to assist members of the public and state and local agencies in identifying exemptions to the California Public Records Act. It is the intent of the Legislature that, after January 1, 1999, each addition or amendment to a statute that exempts any information contained in a public record from disclosure pursuant to subdivision (k) of Section 6254 shall be listed and described in this article pursuant to a bill authorized by a standing committee of the Legislature to be introduced during the first year of each session of the Legislature. The statutes and constitutional provisions listed in this article may operate to exempt certain records, or portions thereof, from disclosure. The statutes and constitutional provisions listed and described may not be inclusive of all exemptions. The listing of a statute or constitutional provision in this article does not itself create an exemption. Requesters of public records and public agencies are cautioned to review the applicable statute or constitutional provision to determine the extent to which it, in light of the circumstances surrounding the request, exempts public records from disclosure. Section 6276. Records or information not required to be disclosed Records or information not required to be disclosed pursuant to subdivision (k) of Section 6254 may include, but shall not be limited to, records or information identified in statutes listed in this article. Section 6276.01. "Crime victims" Crime victims, confidential information or records, The Victims' Bill of Rights Act of 2008: Marsy's Law, Section 28 of Article I of the California Constitution. Section 6276.02. "Acquired Immune Deficiency Syndrome" through "Advance Health Care Directive Registry" Acquired Immune Deficiency Syndrome, blood test subject, compelling identity of, Section 120975, Health and Safety Code. Acquired Immune Deficiency Syndrome, confidentiality of personal data of patients in State Department of Public Health programs, Section 120820, Health and Safety Code. Acquired Immune Deficiency Syndrome, confidentiality of research records, Sections 121090, 121095, 121 1 15, and 121120, Health and Safety Code. Public Records Act 0 2018 Richards, Watson & Gershon 2172263 Page 129 Part Three: The California Public Records Act Acquired Immune Deficiency Syndrome, confidentiality of vaccine volunteers, Section 121280, Health and Safety Code. Acquired Immune Deficiency Syndrome, confidentiality of information obtained in prevention programs at correctional facilities and law enforcement agencies, Sections 7552 and 7554, Penal Code. Acquired Immune Deficiency Syndrome, confidentiality of test results of person convicted of prostitution, Section 1202.6, Penal Code. Acquired Immune Deficiency Syndrome, disclosure of results of HIV test, penalties, Section 120980, Health and Safety Code. Acquired Immune Deficiency Syndrome, personal information, insurers tests, confidentiality of, Section 799, Insurance Code. Acquired Immune Deficiency Syndrome, public safety and testing disclosure, Sections 121065 and 121070, Health and Safety Code. Acquired Immune Deficiency Syndrome Research and Confidentiality Act, production or discovery of records for use in criminal or civil proceedings against subject prohibited, Section 121100, Health and Safety Code. Acquired Immune Deficiency Syndrome Public Health Records Confidentiality Act, personally identifying information confidentiality, Section 121025, Health and Safety Code. Acquired Immune Deficiency Syndrome, test of criminal defendant pursuant to search warrant requested by victim, confidentiality of, Section 1524.1, Penal Code. Acquired Immune Deficiency Syndrome, test results, disclosure to patient's spouse and others, Section 121015, Health and Safety Code. Acquired Immune Deficiency Syndrome, test of person under Youth Authority, disclosure of results, Section 1768.9, Welfare and Institutions Code. Acquired Immune Deficiency Syndrome Research and Confidentiality Act, financial audits or program evaluations, Section 121085, Health and Safety Code. Acquired Immune Deficiency Syndrome Research and Confidentiality Act, violations, Section 121100, Health and Safety Code. Public Records Act © 2018 Richards, wotson & Gershon 2172263 Pcge 130 Part Three: The California Public Records Act Acquired Immune Deficiency Syndrome Research and Confidentiality Act, personally identifying research records not to be disclosed, Section 121075, Health and Safety Code. Acquired Immune Deficiency Syndrome Research and Confidentiality Act, permittee disclosure, Section 121080, Health and Safety Code. Administrative procedure, adjudicatory hearings, interpreters, Section 11513. Adoption records, confidentiality of. Section 102730, Health and Safety Code. Advance Health Care Directive Registry, exemption from disclosure for registration information provided to the Secretary of State, subdivision (ac), Section 6254. Section 6276.04. "Aeronautics Act" through "Avocado handler transaction records" Aeronautics Act, reports of investigations and hearings, Section 21693, Public Utilities Code. Agricultural producers marketing, access to records, Section 59616, Food and Agricultural Code. Aiding disabled voters, Section 14282, Elections Code. Air pollution data, confidentiality of trade secrets, Section 6254.7, and Sections 42303.2 and 43206, Health and Safety Code. Air toxics emissions inventory plans, protection of trade secrets, Section 44346, Health and Safety Code. Alcohol and drug abuse records and records of communicable diseases, confidentiality of, Section 123125, Health and Safety Code. Alcoholic beverage licensees, confidentiality of corporate proprietary information, Section 25205, Business and Professions Code. Ambulatory Surgery Data Record, confidentiality of identifying information, Section 128737, Health and Safety Code. Apiary registration information, confidentiality of, Section 29041, Food and Agricultural Code. Archaeological site information and reports maintained by state and local agencies, disclosure not required, Section 6254.10. Public Records Act m 2018 Richards, Watson & Gershon 2172263 Page 131 Part three: the California Public Records Act Arrest not resulting in conviction, disclosure or use of records, Sections 432.7 and 432.8, Labor Code. Arsonists, registered, confidentiality of certain information, Section 457.1, Penal Code. Artificial insemination, donor not natural father, confidentiality of records, Section 7613, Family Code. Assessor's records, confidentiality of information in, Section 408, Revenue and Taxation Code. Assessor's records, confidentiality of information in, Section 451, Revenue and Taxation Code. Assessor's records, display of documents relating to business affairs or property of another, Section 408.2, Revenue and Taxation Code. Assigned risk plans, rejected applicants, confidentiality of information, Section 1 1624, Insurance Code. Attorney applicant, investigation by State Bar, confidentiality of, Section 6060.2, Business and Professions Code. Attorney applicant, information submitted by applicant and State Bar admission records, confidentiality of, Section 6060.25, Business and Professions Code. Attorney-client confidential communication, Section 6068, Business and Professions Code, and Sections 952 and 954, Evidence Code. Attorney, disciplinary proceedings, confidentiality prior to formal proceedings, Section 6086.1, Business and Professions Code. Attorney, disciplinary proceeding, State Bar access to nonpublic court records, Section 6090.6, Business and Professions Code. Attorney, law corporation, investigation by State Bar, confidentiality of, Section 6168, Business and Professions Code. Attorney work product confidentiality in administrative adjudication, Section 11507.6. Attorney, work product, confidentiality of, Section 6202, Business and Professions Code. Pubic Records Act © 2018 Richards. Watson & Gershon 2172263 Page 132 Part Three: The California Public Records Act Attorney work product, discovery, Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4 of the Code of Civil Procedure. Auditor General, access to records for audit purposes, Sections 10527 and 10527.1. Auditor General, disclosure of audit records, Section 10525. Automated forward facing parking control devices, confidentiality of video imaging records from the devices, Section 40240, Vehicle Code. Automated traffic enforcement system, confidentiality of photographic records made by the system, Section 21455.5, Vehicle Code. Automobile Insurance Claims Depository, confidentiality of information, Section 1876.3, Insurance Code. Automobile insurance, investigation of fraudulent claims, confidential information, Section 1872.8, Insurance Code. Avocado handler transaction records, confidentiality of information, Section 44984, Food and Agricultural Code. Section 6276.06. "Bank and Corporation Tax" through "Business and professions licensee exemption for social security number" Bank and Corporation Tax, disclosure of information, Article 2 (commencing with Section 19542), Chapter 7, Part 10.2, Division 2, Revenue and Taxation Code. Bank employees, confidentiality of criminal history information, Sections 777.5 and 4990, Financial Code. Bank reports, confidentiality of, Section 289, Financial Code. Basic Property Insurance Inspection and Placement Plan, confidential reports, Section 10097, Insurance Code. Beef Council of California, confidentiality of fee transactions information, Section 64691.1, Food and Agricultural Code. Bids, confidentiality of, Section 10304, Public Contract Code. Birth, death, and marriage licenses, confidential information contained in, Sections 02100, 102110, and 102230, Health and Safety Code. Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 133 Part Three: The California Public Records Act Birth defects, monitoring, confidentiality of information collected, Section 103850, Health and Safety Code. Birth, live, confidential portion of certi`icate, Sections 102430, 102475, 103525, and 103590, Health and Safety Code. Blood tests, confidentiality of hepatitis and AIDS carriers, Section 1603.1. Health and Safety Code. Blood-alcohol percentage test results, vehicular offenses, confidentiality of, Section 1804, Vehicle Code. Business and professions licensee exemption for social security number, Section 30, Business and Professions Code. Section 6276.08. "Cable television subscriber information" through "California Wine Grape Commission" Cable television subscriber information. confidentiality of, Section 637.5, Penal Code. CalFresh, disclosure of information, Section 18909, Welfare and Institutions Code. California AIDS Program, personal data, confidentiality, Section 120820, Health and Safety Code. California Apple Commission, confidentiality of lists of persons, Section 75598, Food and Agricultural Code. California Apple Commission, confidentiality of proprietary information from producers or handlers, Section 75633, Food and Agricultural Code. California Asparagus Commission, confidentiality of lists of producers, Section 78262, Food and Agricultural Code. California Asparagus Commission, confidentiality of proprietary information from producers, Section 78288, Food and Agricultural Code. California Avocado Commission, confidentiality of information from handlers, Section 67094, Food and Agricultural Code. California Avocado Commission, confidentiality of proprietary information from handlers, Section 67104, Food and Agricultural Code. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page. 114 Pari Three: The California Pubfic Records Act California Cherry Commission, confidentiality of proprietary information from producers, processors, shippers, or grower -handlers, Section 76144, Food and Agricultural Code. California Children's Services Program, confidentiality of factor replacement therapy contracts, Section 123853, Health and Safety Code. California Cut Flower Commission, confidentiality of lists of producers, Section 77963, Food and Agricultural Code. California Cut Flower Commission, confidentiality of proprietary information from producers, Section 77988, Food and Agricultural Code. California Date Commission, confidentiality of proprietary information from producers and grower -handlers, Section 77843, Food and Agricultural Code. California Egg Commission, confidentiality of proprietary information from handlers or distributors, Section 75134, Food and Agricultural Code. California Forest Products Commission, confidentiality of lists of persons, Section 77589, Food and Agricultural Code. California Forest Products Commission, confidentiality of proprietary information from producers, Section 77624, Food and Agricultural Code. California Iceberg Lettuce Commission, confidentiality of information from handlers, Section 66624, Food and Agricultural Code. California Kiwifruit Commission, confidentiality of proprietary information from producers or handlers, Section 68104, Food and Agricultural Code. California Navel Orange Commission, confidentiality of proprietary information from producers or handlers and lists of producers and handlers, Section 73257, Food and Agricultural Code. California Pepper Commission, confidentiality of lists of producers and handlers, Section 77298, Food and Agricultural Code. California Pepper Commission, confidentiality of proprietary information from producers or handlers, Section 77334, Food and Agricultural Code. California Pistachio Commission, confidentiality of proprietary information from producers or processors, Section 69045, Food and Agricultural Code. California Salmon Commission, confidentiality of fee transactions records, Section 76901.5, Food and Agricultural Code. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Pncge 135 Port Three: The Califomio Public Records Act California Salmon Commission, confidentiality of request for list of commercial salmon vessel operators, Section 76950, Food and Agricultural Code. California Seafood Council, confidentiality of fee transaction records, Section 78553, Food and Agricultural Code. California Seafood Council, confidentiality of information on volume of fish landed, Section 78575, Food and Agricultural Code. California Sheep Commission, confidentiality of proprietary information from producers or handlers and lists of producers, Section 76343, Food and Agricultural Code. California State University contract law, bids, questionnaires and financial statements, Section 10763, Public Contract Code. California State University Investigation of Reported Improper Governmental Activities Act, confidentiality of investigative audits completed pursuant to the act, Section 89574, Education Code. California Table Grape Commission, confidentiality of information from shippers, Section 65603, Food and Agricultural Code. California Tomato Commission, confidentiality of lists of producers, handlers, and others, Section 78679, Food and Agricultural Code. California Tomato Commission, confidentiality of proprietary information, Section 78704, Food and Agricultural Code. California Tourism Marketing Act, con'identiality of information pertaining to businesses paying the assessment under the act, Section 13995.54. California Victim Compensation and Government Claims Board, disclosure not required of records relating to assistance requests under Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of Division 3 of Title 2, Section 6254.1 7. California Walnut Commission, confidentiality of lists of producers, Section 77101, Food and Agricultural Code. California Walnut Commission, confidentiality of proprietary information from producers or handlers, Section 77154, Food and Agricultural Code. California Wheat Commission, confidentiality of proprietary information from handlers and lists of producers, Section 72104, Food and Agricultural Code. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 136 Pori Three: The California Public Records Act California Wheat Commission, confidentiality of requests for assessment refund, Section 72109. Food and Agricultural Code. California Wine Commission, confidentiality of proprietary information from producers or vintners, Section 74655, Food and Agricultural Code. California Wine Grape Commission, confidentiality of proprietary information from producers and vintners, Section 74955, Food and Agricultural Code. Section 6276.10. "Cancer registries" through "Community college employee" Cancer registries, confidentiality of information, Section 103885, Health and Safety Code. Candidate for local nonpartisan elective office, confidentiality of ballot statement, Section 13311, Elections Code. Child abuse information, exchange by multidisciplinary personnel teams, Section 830, Welfare and Institutions Code. Child abuse report and those making report, confidentiality of, Sections 1 1 167 and 11 167.5, Penal Code. Child care liability insurance, confidentiality of information, Section 1864, Insurance Code. Child concealer, confidentiality of address, Section 278.7, Penal Code. Child custody investigation report, confidentiality of, Section 31 11, Family Code. Child day care facility, nondisclosure of complaint, Section 1596.853, Health and Safety Code. Child health and disability prevention, confidentiality of health screening and evaluation results, Section 124110, Health and Safety Code. Child sexual abuse reports, confidentiality of reports filed in a contested proceeding involving child custody or visitation rights. Section 3118, Family Code. Child support, confidentiality of income tax return, Section 3552, Family Code. Child support, promise to pay, confidentiality of, Section 7614, Family Code. Childhood lead poisoning prevention, confidentiality of blood lead findings, Section 124130, Health and Safety Code. Public Records ACt © 2018 Richards, Watson & Gershon 2172263 Pricy, 137 Part Three: The California Public Records Act Children and families commission, local, confidentiality of individually identifiable information, Section 130140.1, Health and Safety Code. Cigarette tax, confidential information, Section 30455, Revenue and Taxation Code. Civil actions, delayed disclosure for 30 days after complaint filed, Section 482.050, Code of Civil Procedure. Closed sessions, document assessing vulnerability of state or local agency to disruption by terrorist or other criminal acts, subdivision (aa), Section 6254. Closed sessions, meetings of local governments, pending litigation, Section 54956.9. Colorado River Board, confidential information and records, Section 12519, Water Code. Commercial fishing licensee, confidentiality of records, Section 7923, Fish and Game Code. Commercial fishing reports, Section 8022, Fish and Game Code. Community care facilities, confidentiality of client information, Section 1557.5, Health and Safety Code. Community college employee, candidate examination records, confidentiality of, Section 88093, Education Code. Community college employee, notice and reasons for nonreemployment, confidentiality, Section 87740, Education Code. Section 6276.12. "Conservatee" through "Customer list of telephone answering service" Conservatee, confidentiality of the conservatee's report, Section 1826, Probate Code. Conservatee, estate plan of, confidentiality of, Section 2586, Probate Code. Conservatee with disability, confidentiality of report, Section 1827.5, Probate Code. Conservator, confidentiality of conservator's birthdate and driver's license number, Section 1834, Probate Code. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page 138 Port Three: The California Public Records Act Conservator, supplemental information, confidentiality of, Section 1821, Probate Code. Conservatorship, court review of, confidentiality of report, Section 1851, Probate Code. Consumer fraud investigations, access to complaints and investigations, Section 26509. Consumption or utilization of mineral materials, disclosure of, Section 2207.1, Public Resources Code. Contractor, evaluations and contractor responses, confidentiality of, Section 10370, Public Contract Code. Contractor, license applicants, evidence of financial solvency, confidentiality of, Section 7067.5, Business and Professions Code. Controlled Substance Law violations, confidential information, Section 818.7. Controlled substance offenders, confidentiality of registration information, Section 11594, Health and Safety Code. Cooperative Marketing Association, confidential information disclosed to conciliator, Section 54453, Food and Agricultural Code. Coroner, inquests, subpoena duces tecum, Section 27491.8. County aid and relief to indigents, confidentiality of investigation, supervision, relief, and rehabilitation records, Section 17006, Welfare and Institutions Code. County alcohol programs, confidential information and records, Section 11812, Health and Safety Code. County Employees' Retirement, confidential statements and records, Section 31532. County mental health system, confidentiality of client information, Section 5610, Welfare and Institutions Code. County social services, investigation of applicant, confidentiality, Section 18491, Welfare and Institutions Code. County social services rendered by volunteers, confidentiality of records of recipients, Section 10810, Welfare and Institutions Code. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 139 Part Three. The California Public Records Act County special commissions, disclosure of health care peer review and quality assessment records not required, Section 14087.58, Welfare and Institutions Code. County special commissions, disclosure of records relating to the commission's rates of payment for publicly assisted medical care not required, Section 14087.58, Welfare and Institutions Code. Court files, access to, restricted for 60 days, Section 1161.2, Code of Civil Procedure. Court files, access to, restricted for 60 days, Section 1708.85, Civil Code. Court reporters, confidentiality of records and reporters, Section 68525. Court-appointed special advocates, confidentiality of information acquired or reviewed, Section 105, Welfare and Institutions Code. Crane employers, previous business identities, confidentiality of, Section 7383, Labor Code. Credit unions, confidentiality of investigation and examination reports, Section 14257, Financial Code. Credit unions, confidentiality of employee criminal history information, Section 14409.2, Financial Code. Criminal defendant, indigent, confidentiality of request for funds for investigators and experts, Section 987.9, Penal Code. Criminal offender record information, access to, Sections 11076 and 13202, Penal Code. Crop reports, confidential, subdivision (e), Section 6254. Customer list of chemical manufacturers, formulators, suppliers, distributors, importers, and their agents, the quantities and dates of shipments, and the proportion of a specified chemical within a mixture, confidential, Section 147.2, Labor Code. Customer list of employment agency, trade secret, Section 16607, Business and Professions Code. Customer list of telephone answering service, trade secret, Section 16606, Business and Professions Code.] Public Records Act ® 2018 Richards. Watson & Gershon 2172263 Poge 40 Port Three: The California Public Records Act Section 6276.14. "Dairy Council of California" through "Driving school and driving instructor licensee record" Dairy Council of California, confidentiality of ballots, Section 64155, Food and Agricultural Code. Death, report that physician's or podiatrist's negligence or incompetence may be cause, confidentiality of, Section 802.5, Business and Professions Code. Dental hygienist drug and alcohol diversion program, confidentiality of records pertaining to treatment, Section 1966.5, Business and Professions Code. Dentist advertising and referral contract exemption, Section 650.2, Business and Professions Code. Dentist, alcohol or dangerous drug rehabilitation and diversion, confidentiality of records, Section 1698, Business and Professions Code. Department of Consumer Affairs licensee exemption for alcohol or dangerous drug treatment and rehabilitation records, Section 156.1, Business and Professions Code. Department of Motor Vehicles, confidentiality of information provided by an insurer, Section 4750.4, Vehicle Code. Department of Motor Vehicles, confidentiality of the home address of specified persons in the records of the Department of Motor Vehicles, Section 1808.6, Vehicle Code. Developmentally disabled conservatee confidentiality of reports and records, Sections 416.8 and 416.18, Health and Safety Code. Developmentally disabled person, access to information provided by family member, Section 4727, Welfare and Institutions Code. Developmentally disabled person and person with mental illness, access to and release of information about, by protection and advocacy agency, Section 4903, Welfare and Institutions Code. Developmentally disabled person, confidentiality of patient records, state agencies, Section 4553, Welfare and Institutions Code. Developmentally disabled person, confidentiality of records and information, Sections 4514 and 4518, Welfare and Institutions Code. Public Records Act ® 2018 Richards. Watson & Gershon 2172263 Page 1 41 Part Three: The California Public Records Act Diesel Fuel Tax information, disclosure prohibited, Section 60609, Revenue and Taxation Code. Disability compensation, confidential medical records, Section 2714, Unemployment Insurance Code. Disability insurance, access to registered information, Section 789.7, Insurance Code. Discrimination complaint to Division of Labor Standards Enforcement, confidentiality of witnesses, Section 98.7. Labor Code. Dispute resolution participants confidentiality, Section 471.5, Business and Professions Code. Division of Workers' Compensation, confidentiality of data obtained by the administrative director and derivative works created by the division, Sections 3201.5, 3201.7, and 3201.9, Labor Code. Division of Workers' Compensation, individually identifiable information and residence addresses obtained or maintained by the division on workers' compensation claims, confidentiality of, Section 138.7, Labor Code. Division of Workers' Compensation, individually identifiable information of health care organization patients, confidentiality of, Section 4600.5, Labor Code. Division of Workers' Compensation, individual workers' compensation claim files and auditor's working papers, confidentiality of, Section 129, Labor Code. Division of Workers' Compensation, peer review proceedings and employee medical records, confidentiality of, Section 4600.6, Labor Code. Domestic violence counselor and victim, confidentiality of communication, Sections 1037.2 and 1037.5, Evidence Code. Driver arrested for traffic violation, notice of reexamination for evidence of incapacity, confidentiality of, Section 40313, Vehicle Code. Driving school and driving instructor licensee records, confidentiality of, Section 1 1 108, Vehicle Code. Section 6276.16. "Educational psychologist -patient" through "Executive Department" Educational psychologist -patient, privileged communication, Section 1010.5, Evidence Code. Public Records Act ® 2018 Richards. Watson & Gershon 2172263 Page 142 Part Three The California Public Records Act Electronic and appliance repair dealer, service contractor, financial data in applications, subdivision (x), Section 6254. Electronic Recording Delivery Act of 2004, exemption from disclosure for computer security reports, Section 27394. Emergency Care Data Record, exemption from disclosure for identifying information, Section 128736, Health and Safety Code. Emergency Medical Services Fund, patient named, Section 1797.98c, Health and Safety Code. Emergency medical technicians, confidentiality of disciplinary investigation information, Section 1798.200, Health and Safety Code. Emergency Medical Technician -Paramedic (EMT -P), exemption from disclosure for records relating to personnel actiors against, or resignation of, an EMT -P for disciplinary cause or reason, Section 1799.1 12, Health and Safety Code. Eminent domain proceedings, use of state tax returns, Section 1263.520, Code of Civil Procedure. Employment agency, confidentiality of customer list, Section 16607, Business and Professions Code. Employment application, nondisclosure of arrest record or certain convictions, Sections 432.7 and 432.8, Labor Code. Employment Development Department, furnishing materials, Section 307, Unemployment Insurance Code. Enteral nutrition products, confidentiality of contracts by the State Department of Health Care Services with manufacturers of enteral nutrition products, Section 14105.8, Welfare and Institutions Code. Equal wage rate violation, confidentiality of complaint, Section 1197.5, Labor Code. Equalization, State Board of, prohibition against divulging information, Section 15619. Escrow Agents' Fidelity Corporation, confidentiality of examination and investigation reports, Section 17336, Financial Code. Escrow agents' confidentiality of reports on violations, Section 17414, Financial Code. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 43 Part Three the California Public Records Ac' Escrow agents' confidentiality of state summary criminal history information, Section 17414.1, Financial Code. Estate tax, confidential records and information, Section 14251, Revenue and Taxation Code. Excessive rates or complaints, reports, Section 1857.9, Insurance Code. Executive Department, closed sessions and the record of topics discussed, Sections 1 1 126 and 1 1 126.1. Executive Department, investigations and hearings, confidential nature of information acquired, Section 11183. Section 6276.18. "Family Court" through "Fur dealer licensee" Family Court, records, Section 1818, Family Code. Farm product processor license, confidentiality of financial statements, Section 55523.6, Food and Agricultural Code. Farm product processor licensee, confidentiality of grape purchases, Section 55601.5, Food and Agricultural Code. Fee payer information, prohibition against disclosure by Board of Equalization and others, Section 55381, Revenue and Taxation Code. Financial institutions, issuance of securities, reports and records of state agencies, subdivision (d), Section 6254. Financial statements of insurers, confidentiality of information received, Section 925.3, Insurance Code. Financial statements and questionnaires, of prospective bidders for the state, confidentiality of, Section 10165, Public Contract Code. Financial statements and questionnaires, of prospective bidders for California State University contracts, confidentiality of, Section 10763, Public Contract Code. Firearms, centralized list of exempted federal firearms licensees, disclosure of information compiled from, Sections 24850 to 24890, inclusive, Penal Code. Firearms, centralized list of dealers and licensees, disclosure of information compiled from, Sections 26700 to 26915, inclusive, Penal Code. Public Records Act ® 2018 Richards, Watson & Gershon 2172263 Yate 144 Part Three: The California Public Records Act Firearm license applications, subdivision (u), Section 6254. Firearm sale or transfer, confidentiality of records, Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6, Penal Code. Fishing and hunting licenses, confidentiality of names and addresses contained in records submitted to the Department of Fish and Game to obtain recreational fishing and hunting licenses, Section 1050.6, Fish and Game Code. Foreign marketing of agricultural products, confidentiality of financial information, Section 58577, Food and Agricultural Code. Forest fires, anonymity of informants, Section 4417, Public Resources Code. Foster homes, identifying information, Section 1536, Health and Safety Code. Franchise Tax Board, access to Franchise Tax Board information by the State Department of Social Services, Section 11025, Welfare and Institutions Code. Franchise Tax Board, auditing, confidentiality of, Section 90005. Franchises, applications, and reports filed with Commissioner of Corporations, disclosure and withholding from public inspection, Section 31504, Corporations Code. Fur dealer licensee, confidentiality of records, Section 4041, Fish and Game Code. Section 6276.22. "Gambling Control Act" through "Guardianship" Gambling Control Act, exemption from disclosure for records of the California Gambling Control Commission and the Department of Justice, Sections 19819 and 19821, Business and Professions Code. Genetically Handicapped Persons Program, confidentiality of factor replacement therapy contracts, Section 125191, Health and Safety Code. Governor, correspondence of and to Governor and Governor's office, subdivision (I), Section 6254. Governor, transfer of public records in control of, restrictions on public access, Section 6268. Grand jury, confidentiality of request for special counsel, Section 936.7, Penal Code. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 145 Part Three: The California Public Records Act Grand jury, confidentiality of transcription of indictment or accusation, Section 938.1, Penal Code. Group Insurance, public employees, Section 53202.25. Guardianship, confidentiality of report regarding the suitability of the proposed guardian, Section 1543, Probate Code. Guardianship, disclosure of report and recommendation concerning proposed guardianship of person or estate, Section 1513, Probate Code. Section 6276.24. "Hazardous substance tax information" through "Housing authorities" Hazardous substance tax information, prohibition against disclosure, Section 43651, Revenue and Taxation Code. Hazardous waste control, business plans, public inspection, Section 25506, Health and Safety Code. Hazardous waste control, notice of unlawful hazardous waste disposal, Section 25180.5, Health and Safety Code. Hazardous waste control, trade secrets, disclosure of information, Sections 25511 and 25538, Health and Safety Code. Hazardous waste control, trade secrets, procedures for release of information, Section 25358.2, Health and Safety Code. Hazardous waste generator report, protection of trade secrets, Sections 25244.21 and 25244.23, Health and Safety Code. Hazardous waste licenseholder disclosure statement, confidentiality of, Section 25186.5, Health and Safety Code. Hazardous waste recycling, information clearing house, confidentiality of trade secrets, Section 25170, Health and Safety Code. Hazardous waste recycling, list of specified hazardous wastes, trade secrets, Section 25175, Health and Safety Code. Hazardous waste recycling, trade secrets, confidential nature, Sections 25173 and 25180.5, Health and Safety Code. Healing arts licensees, central files, confidentiality, Section 800, Business and Professions Code. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Pacte 146 Pori Three. The California Public Records Act Health authorities, special county, confidentiality of records, Sections 14087.35, 14087.36, and 14087.38, Welfare and Institutions Code. Health care provider disciplinary proceeding, confidentiality of documents, Section 805.1, Business and Professions Code. Health care service plans, review of quality of care, privileged communications, Sections 1370 and 1380, Health and Safety Code. Health commissions, special county, confidentiality of peer review proceedings, rates of payment, and trade secrets, Section 14087.31, Welfare and Institutions Code. Health facilities, patient's rights of confidentiality, subdivision (c) of Section 128745 and Sections 128735, 128736, 128737, 128755, and 128765, Health and Safety Code. Health personnel, data collection by the Office of Statewide Health Planning and Development, confidentiality of information on individual licentiates, Section 127780, Health and Safety Code. Health plan governed by a county board of supervisors, exemption from disclosure for records relating to provider rates or payments for a three-year period after execution of the provider contract, Sections 6254.22 and 54956.87. Hereditary Disorders Act, legislative finding and declaration, confidential information, Sections 124975 and 124980, Health and Safety Code. Hereditary Disorders Act, rules, regulations, and standards, breach of confidentiality, Section 124980, Health and Safety Code. HIV, disclosures to blood banks by department or county health officers, Section 1603.1, Health and Safety Code. Home address of public employees and officers in Department of Motor Vehicles, records, confidentiality of, Sections 1808.2 and 1808.4, Vehicle Code. Horse racing, horses, blood or urine test sample, confidentiality, Section 19577, Business and Professions Code. Hospital district and municipal hospital records relating to contracts with insurers and service plans, subdivision (t), Section 6254. Hospital final accreditation report, subdivision (s), Section 6254. Public Records Act ® 2018 Richards, Watson & Gershon 21 72263 Page 14/ Part Three. The California Public Records Act Housing authorities, confidentiality of rosters of tenants, Section 34283, Health and Safety Code. Housing authorities, confidentiality of applications by prospective or current tenants, Section 34332, Health and Safety Code. Section 6276.26. "Improper governmental activities reporting" through "investigative consumer reporting agency" Improper governmental activities reporting, confidentiality of identity of person providing information, Section 8547.5. Improper governmental activities reporting, disclosure of information, Section 8547.6. Industrial loan companies, confidentiality of financial information, Section 18496, Financial Code. Industrial loan companies, confidentiality of investigation and examination reports, Section 18394, Financial Code. Influenza vaccine, trade secret information and information relating to recipient of vaccine, Section 120155, Health and Safety Code. In forma pauperis litigant, rules governing confidentiality of financial information, Section 68511.3. Infrastructure information, exemption from disclosure for information voluntarily submitted to the Office of Emergency Services, subdivision (ab), Section 6254. In -Home Supportive Services Program, exemption from disclosure for information regarding persons paid by the state to provide in-home supportive services, Section 6253.2. Initiative, referendum, recall, and other petitions, confidentiality of names of signers, Section 6253.5. Insurance claims analysis, confidentiality of information, Section 1875.16, Insurance Code. Insurance Commissioner, confidential information, Sections 735.5, 1067.1 1, 1077.3, and 12919, Insurance Code. Insurance Commissioner, informal conciliation of complaints, confidential communications, Section 1858.02, Insurance Code. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Page 148 Pari Three The California Public Records Act Insurance Commissioner, information from examination or investigation, confidentiality of, Sections 1215.7, 1433, and 1759.3, Insurance Code. Insurance Commissioner, writings filed with nondisclosure, Section 855, Insurance Code. Insurance fraud reporting, information acquired not part of public record, Section 1873.1, Insurance Code. Insurance licensee, confidential information, Section 1666.5, Insurance Code. Insurer application information, confidentiality of, Section 925.3, Insurance Code. Insurer financial analysis ratios and examination synopses, confidentiality of, Section 933, Insurance Code. Department of Resources Recycling and Recovery information, prohibition against disclosure, Section 45982, Revenue and Taxation Code. International wills, confidentiality of registration information filed with the Secretary of State, Section 6389, Probate Code. Intervention in regulatory and ratemaking proceedings, audit of customer seeking and award, Section 1804, Public Utilities Code. Investigation and security records, exemption from disclosure for records of the Attorney General, the Department of Justice, the Office of Emergency Services, and state and local police agencies, subdivision (f), Section 6254. Investigative consumer reporting agency, limitations on furnishing an investigative consumer report, Section 1786.12, Civil Code. Section 6276.28. "Joint Legislative Ethics Committee" through "Los Angeles County Tourism Marketing Commission" Joint Legislative Ethics Committee, confidentiality of reports and records, Section 8953. Judicial candidates, confidentiality of communications concerning, Section 1201 1.5. Judicial proceedings, confidentiality of employer records of employee absences, Section 230.2, Labor Code. Jurors' lists, lists of registered voters and licensed drivers as source for, Section 197, Code of Civil Procedure. Pubic Records Act © 2018 Richards, Watson & Gershon 2172263 Page 149 Part Three: The California Public Records Act Juvenile court proceedings to adjudge a person a dependent child of court, sealing records of, Section 389, Welfare and Institutions Code. Juvenile criminal records, dissemination to schools, Section 828.1, Welfare and Institutions Code. Juvenile delinquents, notification of chief of police or sheriff of escape of minor from secure detention facility, Section 1 155, Welfare and Institutions Code. Labor dispute, investigation and mediation records, confidentiality of, Section 65, Labor Code. Lanterman-Petris-Short Act, mental health services recipients, confidentiality of information and records, mental health advocate, Sections 5540, 5541, 5542, and 5550, Welfare and Institutions Code. Law enforcement vehicles, registration disclosure, Section 5003, Vehicle Code. Legislative Counsel records, subdivision Im), Section 6254. Library circulation records and other materials, subdivision (i), Section 6254 and Section 6267. Life and disability insurers, actuarial information, confidentiality of, Section 10489.15, Insurance Code. Litigation, confidentiality of settlement information, Section 68513. Local agency legislative body, closed sessions, disclosure of materials, Section 54956.9. Local government employees, confidentiality of records and claims relating to group insurance, Section 53202.25. Local summary criminal history information, confidentiality of, Sections 13300 and 13305, Penal Code. Local agency legislative body, closed session, nondisclosure of minute book, Section 54957.2. Local agency legislative body, meeting, disclosure of agenda, Section 54957.5. Long-term health facilities, confidentiality of complaints against, Section 1419, Health and Safety Code. Public Records Act ® 2018 Richards. Watson & Gershon 2172263 Page 50 Pari Three: The California Public Records Act Long-term health facilities, confidentiality of records retained by State Department of Public Health, Section 1439, Health and Safety Code. Los Angeles County Tourism Marketing Commission, confidentiality of information obtained from businesses to determine their assessment, Section 13995.108. Section 6276.30. "Managed care health plans" through "Multijurisdictional drug law enforcement agency" Managed care health plans, confidentiality of proprietary information, Section 14091.3 of the Welfare and Institutions Code. Managed Risk Medical Insurance Board, negotiations with entities contracting or seeking to contract with the board, subdivisions (v) and (y) of Section 6254. Mandated blood testing and confidentiality to protect public health, prohibition against compelling identification of test subjects, Section 120975 of the Health and Safety Code. Mandated blood testing and confidentiality to protect public health, unauthorized disclosures of identification of test subjects, Sections 1603.1, 1603.3, and 121022 of the Health and Safety Code. Mandated blood testing and confidentiality to protect public health, disclosure to patient's spouse, sexual partner, needle sharer, or county health officer, Section 121015 of the Health and Safety Code. Manufactured home, mobilehome, floating home, confidentiality of home address of registered owner, Section 18C81 of the Health and Safety Code. Marital confidential communications, Sections 980, 981, 982, 983, 984, 985, 986, and 987 of the Evidence Code. Market reports, confidential, subdivision (e) of Section 6254. Marketing of commodities, confidentiality of financial information, Section 58781 of the Food and Agricultural Code. Marketing orders, confidentiality of processors' or distributors' information, Section 59202 of the Food and Agricultural Code. Marriage, confidential, certificate, Section 511 of the Family Code. Medi -Cal Benefits Program, confidential ty of information, Section 14100.2 of the Welfare and Institutions Code. Public Records Act © 2018 Richards. Watson 8 Gershon 2172263 Page 151 Part Three The Califernio Public Records Ac' Medi -Cal Benefits Program, Request of Department for Records of Information, Section 14124.89 of the Welfare and Ins!itutions Code. Medi -Cal Fraud Bureau, confidentiality of complaints, Section 12528. Medi -Cal managed care program, exemption from disclosure for financial and utilization data submitted by Medi -Cal managed care health plans to establish rates, Section 14301.1 of the Welfare and Institutions Code. Medi -Cal program, exemption from disclosure for best price contracts between the State Department of Health Care Services and drug manufacturers, Section 14105.33 of the Welfare and Institutions Code. Medical information, disclosure by provider unless prohibited by patient in writing, Section 56.16 of the Civil Code. Medical information, types of informat on not subject to patient prohibition of disclosure, Section 56.30 of the Civil Code. Medical and other hospital committees and peer review bodies, confidentiality of records, Section 1 157 of the Evidence Code. Medical or dental licensee, action for revocation or suspension due to illness, report, confidentiality of, Section 828 of the Business and Professions Code. Medical or dental licensee, disciplinary action, denial or termination of staff privileges, report, confidentiality of; Sections 805, 805.1, and 805.5 of the Business and Professions Code. Meetings of state agencies, disclosure of agenda, Section 1 1 125.1. Mentally abnormal sex offender committed to state hospital, confidentiality of records, Section 4135 of the Welfare and Institutions Code. Mentally disordered and developmentally disabled offenders, access to criminal histories of, Section 1620 of the Penal Code. Mentally disordered persons, court-ordered evaluation, confidentiality of reports, Section 5202 of the Welfare and Institutions Code. Mentally disordered or mentally ill person, confidentiality of written consent to detainment, Section 5326.4 of the Welfare and Institutions Code. Mentally disordered or mentally ill person, voluntarily or involuntarily detained and receiving services, confidentiality of records and information, Sections 5328, 5328.15, 5328.2, 5328.4, 5328.8, and 5328.9 of the Welfare and Institutions Code. Public Records Act 2018 Richards, Watson & Gershon 2172263 Page 152 Port Three: The California Public Records Act Mentally disordered or mentally ill person, weapons restrictions, confidentiality of information about, Section 8103 of the Welfare and Institutions Code. Milk marketing, confidentiality of records, Section 61443 of the Food and Agricultural Code. Milk product certification, confidentiality of, Section 62121 of the Food and Agricultural Code. Milk, market milk, confidential records and reports, Section 62243 of the Food and Agricultural Code. Milk product registration, confidentiality of information, Section 38946 of the Food and Agricultural Code. Milk equalization pool plan, confidentiality of producers' voting, Section 62716 of the Food and Agricultural Code. Mining report, confidentiality of report containing information relating to mineral production, reserves, or rate of depletion of mining operation, Section 2207 of the Public Resources Code. Minor, criminal proceeding testimony closed to public, Section 859.1 of the Penal Code. Minors, material depicting sexual conduct, records of suppliers to be kept and made available to law enforcement, Section 1309.5 of the Labor Code. Misdemeanor and felony reports by police chiefs and sheriffs to Department of Justice, confidentiality of, Sections 1 1 107 and 1 1 107.5 of the Penal Code. Monetary instrument transaction records, confidentiality of, Section 14167 of the Penal Code. Missing persons' information, disclosure of, Sections 14204 and 14205 of the Penal Code. Morbidity and mortality studies, confidentiality of records, Section 100330 of the Health and Safety Code. Motor vehicle accident reports, disclosure, Sections 16005, 20012, and 20014 of the Vehicle Code. Motor vehicles, department of, public records, exceptions, Sections 1808 to 1808.7, inclusive, of the Vehicle Code. Pubic Records Act O 2018 Richards, Watson & Gershon 2172263 Nope 153 Part Three: The California Public Records Act Motor vehicle insurance fraud reporting, confidentiality of information acquired, Section 1874.3 of the Insurance Code. Motor vehicle liability insurer, data reported to Department of Insurance, confidentiality of, Section 11628 of the Insurance Code. Multijurisdictional drug law enforcement agency, closed sessions to discuss criminal investigation, Section 54957.8. Section 6276.32. "Narcotic addict outpatient revocation proceeding" through "Osteopathic physician and surgeon" Narcotic addict outpatient revocation proceeding, confidentiality of reports, Section 3152.5, Welfare and Institutions Code. Narcotic and drug abuse patients, confidentiality of records, Section 11845.5, Health and Safety Code. Native American graves, cemeteries and sacred places, records of, subdivision (r), Section 6254. Notary public, confidentiality of application for appointment and commission, Section 8201.5. Nurse, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 2770.12, Business and Professions Code. Obscene matter, defense of scientific or other purpose, confidentiality of recipients, Section 31 1.8, Penal Code. Occupational safety and health investigations, confidentiality of complaints and complainants, Section 6309, Labor Code. Occupational safety and health investigations, confidentiality of trade secrets, Section 6322, Labor Code. Official information acquired in confidence by public employee, disclosure of, Sections 1040 and 1041, Evidence Code. Oil and gas, confidentiality of proposals for the drilling of a well, Section 3724.4, Public Resources Code. Oil and gas, disclosure of onshore and offshore exploratory well records, Section 3234, Public Resources Code. Oil and gas, disclosure of well records, Section 3752, Public Resources Code. Pubkc Records Act ZU' 2018 Richards, Watson & Gershon 2172263 Page 154 Part Three: The Coifornia Pubic Records Act Oil and gas leases, surveys for permits, confidentiality of information, Section 6826, Public Resources Code. Oil spill feepayer information, prohibition against disclosure, Section 46751, Revenue and Taxation Code. Older adults receiving county services, providing information between county agencies, confidentiality of, Section 9401, Welfare and Institutions Code. Organic food certification organization records, release of, Section 110845, Health and Safety Code. Osteopathic physician and surgeon, rehabilitation and diversion records, confidentiality of, Section 2369, Business and Professions Code. Section 6276.34. "Parole revocation proceedings" through "Postmortem or autopsy photos" Parole revocation proceedings, confidentiality of information in reports, Section 3063.5, Penal Code. Passenger fishing boat licenses, records, Section 7923, Fish and Game Code. Paternity, acknowledgement, confidentiality of records, Section 102760, Health and Safety Code. Patient -physician confidential communication, Sections 992 and 994, Evidence Code. Patient records, confidentiality of, Section 123135, Health and Safety Code. Payment instrument licensee records, inspection of, Section 33206, Financial Code. Payroll records, confidentiality of, Section 1776, Labor Code. Peace officer personnel records, confidentiality of, Sections 832.7 and 832.8, Penal Code. Penitential communication between penitent and clergy, Sections 1032 and 1033, Evidence Code. Personal Care Services Program, exemption from disclosure for information regarding persons paid by the state to provide personal care services, Section 6253.2. Pubic Records Act © 2018 Richards, Watson & Gershon 2172263 Page 155 Part Three: The California Public Records Act Personal Income Tax, disclosure of in'ormation, Article 2 (commencing with Section 19542), Chapter 7, Part 10.2, Division 2, Revenue and Taxation Code. Personal information, Information Practices Act, prohibitions against disclosure by state agencies, Sections 1798.24 and 1798.75, Civil Code. Personal information, subpoena of records containing, Section 1985.4, Code of Civil Procedure. Personal representative, confidentiality of personal representative's birth date and driver's license number, Section 8404, Probate Code. Personnel Administration, Department of, confidentiality of pay data furnished to, Section 19826.5. Persons formerly classified as mentally abnormal sex offenders committed to a state hospital, confidentiality of records, Section 4135. Welfare and Institutions Code. Persons with mental health disorders, court-ordered evaluation, confidentiality of reports, Section 5202, Welfare and Institutions Code. Persons with mental health disorders, confidentiality of written consent to detainment, Section 5326.4, Welfare and Institutions Code. Persons with mental health disorders voluntarily detained and receiving services, confidentiality of records and information, Sections 5328, 5328.15, 5328.2, 5328.4, 5328.8 and 5328.9, Welfare and Institutions Code. Persons with mental health disorders, weapons restrictions, confidentiality of information about, Section 8103, Welfare and Institutions Code. Petition signatures, Section 18650, Elections Code. Petroleum supply and pricing, confidential information, Sections 25364 and 25366, Public Resources Code. Pharmacist, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 4372, Business and Professions Code. Physical therapist or assistant, records of dangerous drug or alcohol diversion and rehabilitation, confidentiality of, Section 2667, Business and Professions Code. Pubic Records Act 2018 Richards, Watson & Gershon 2172263 Fade 1 56 Part Three: The California Public Records Act Physical or mental condition or conviction of controlled substance offense, records in Department of Motor Veh cies, confidentiality of, Section 1808.5, Vehicle Code. Physician and surgeon, rehabilitation and diversion records, confidentiality of, Section 2355, Business and Professions Code. Physician assistant, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 3534.7, Business and Professions Code. Physician competency examination, confidentiality of reports, Section 2294, Business and Professions Code. Physicians and surgeons, confidentiality of reports of patients with a lapse of consciousness disorder, Section 103900, Health and Safety Code. Physician Services Account, confidentiality of patient names in claims, Section 16956, Welfare and Institutions Code. Pilots, confidentiality of personal information, Section 1157.1, Harbors and Navigation Code. Pollution Control Financing Authority, financial data submitted to, subdivision (0), Section 6254. Postmortem or autopsy photos, Section 129, Code of Civil Procedure. Section 6276.36. "Pregnancy tests by local public health agencies" through "Pupil records" Pregnancy tests by local public health agencies, confidentiality of, Section 123380, Health and Safety Code. Pregnant women, confidentiality of blood tests, Section 125105, Health and Safety Code. Prehospital emergency medical care, release of information, Sections 1797.188 and 1797.189, Health and Safety Code. Prenatal syphilis tests, confidentiality of, Section 120705, Health and Safety Code. Prescription drug discounts, confidentiality of corporate proprietary information, Section 130506, Health and Safety Code. Prisoners, behavioral research on, confidential personal information, Section 3515, Penal Code. Pubiic Records Act © 2018 Richards. Watson & Gershon 2172263 Prig 157 Part Three The California Public Records Act Prisoners, confidentiality of blood tests, Section 7530, Penal Code. Prisoners, medical testing, confidentiality of records, Sections 7517 and 7540, Penal Code. Prisoners, transfer from county facility for mental treatment and evaluation, confidentiality of written reasons, Section 401 1.6, Penal Code. Private industry wage data collected by public entity, confidentiality of, Section 6254.6. Private railroad car tax, confidentiality of information, Section 1 1655, Revenue and Taxation Code. Probate referee, disclosure of materials, Section 8908, Probate Code. Probation officer reports, inspection of, Section 1203.05, Penal Code. Produce dealer, confidentiality of financial statements, Section 56254, Food and Agricultural Code. Products liability insurers, transmission of information, Section 1857.9, Insurance Code. Professional corporations, financial statements, confidentiality of, Section 13406, Corporations Code. Property on loan to museum, notice of intent to preserve an interest in, not subject to disclosure, Section 1899.5, Civil Code. Property taxation, confidentiality of change of ownership, Section 481, Revenue and Taxation Code. Property taxation, confidentiality of exemption claims, Sections 63.1, 69.5, and 408.2, Revenue and Taxation Code. Property taxation, confidentiality of property information, Section 15641, Government Code and Section 833, Revenue and Taxation Code. Proprietary information, availability only to the director and other persons authorized by the operator and the owner, Section 2778, Public Resources Code. Psychologist and client, confidential relations and communications, Section 2918, Business and Professions Code. Public; Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 158 Part Three: The California Public Records Act Psychotherapist -patient confidential communication, Sections 1012 and 1014, Evidence Code. Public employees' home addresses and telephone numbers, confidentiality of, Section 6254.3. Public Employees' Medical and Hospital Care Act, confidentiality of data relating to health care services rendered by participating hospitals to members and annuitants, Section 22854.5. Public Employees' Retirement System, confidentiality of data filed by member or beneficiary with board of administration, Section 20134. Public investment funds, exemption from disclosure for records regarding alternative investments, Section 6254.26. Public school employees organization, confidentiality of proof of majority support submitted to Public Employment Relations Board, Sections 3544, 3544.1, and 3544.5. Public social services, confidentiality of digest of decisions, Section 10964, Welfare and Institutions Code. Public social services, confidentiality of information regarding child abuse or elder or dependent persons abuse, Section 10850.1, Welfare and Institutions Code. Public social services, confidentiality of information regarding eligibility, Section 10850.2, Welfare and Institutions Code. Public social services, confidentiality of records, Section 10850, Welfare and Institutions Code. Public social services, disclosure of information to law enforcement agencies, Section 10850.3, Welfare and Institutions Code. Public social services, disclosure of information to law enforcement agencies regarding deceased applicant or recipient, Section 10850.7, Welfare and Institutions Code. Public utilities, confidentiality of information, Section 583, Public Utilities Code. Pupil, confidentiality of personal information, Section 45345, Education Code. Pupil drug and alcohol use questionnaires, confidentiality of, Section 11605, Health and Safety Code. Pubic Records Act CO 2018 Richards. Watson & Gershon 2172263 Page 159 Part Three: The California Public Records Act Pupil, expulsion hearing, disclosure of testimony of witness and closed session of district board, Section 48918, Education Code. Pupil, personal information disclosed to school counselor, confidentiality of, Section 49602, Education Code. Pupil record contents, records of administrative hearing to change contents, confidentiality of, Section 49070, Education Code. Pupil records, access authorized for specified parties, Section 49076, Education Code. Pupil records, disclosure in hearing to dismiss or suspend school employee, Section 44944.1, Education Code. Pupil records, release of directory information to private entities, Sections 49073 and 49073.5, Education Code. Section 6276.38. "Radioactive materials" through "Safe surrender site" Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code. Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23. Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2. Business and Professions Code. Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254. Real property, change in ownership statement, confidentiality of, Section 27280. Records described in Section 1620 of the Penal Code. Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code. Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code. Registered public obligations, inspection of records of security interests in, Section 5060. Public Records Act CO 2018 Richards, Watson 8. Gershon 2172263 Paye 160 Part Three: The California Public Records Act Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code. Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code. Reinsurance intermediary -broker license information, confidentiality of, Section 1781.3, Insurance Code. Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262. Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4. Report of probation officer, inspection, copies, Section 1203.05, Penal Code. Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code. Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18. Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1. Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code. Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code. Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code. Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code. Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code. Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Pace 161 Port Three: The California Public Records Act Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code. Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code. Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code. Section 6276.40. "Sales and use tax" through "Social security numbers within records of local agencies" Sales and use tax, disclosure of information, Section 7056, Revenue and Taxation Code. Santa Barbara Regional Health Authority, exemption from disclosure for records maintained by the authority regarding negotiated rates for the California Medical Assistance Program, Section 14499.6, Welfare and Institutions Code. Savings association employees, disclosure of criminal history information, Section 6525, Financial Code. Savings associations, inspection of records by shareholders, Section 6050, Financial Code. School district governing board, disciplinary action, disclosure of pupil information, Section 35146, Education Code. School employee, merit system examination records, confidentiality of, Section 45274, Education Code. School employee, notice and reasons for hearing on nonreemployment of employee, confidentiality of, Sections 44948.5 and 44949, Education Code. School meals for needy pupils, confidentiality of records, Section 49558, Education Code. Sealed records, arrest for misdemeanor, Section 851.7, Penal Code. Sealed records, misdemeanor convictions, Section 1203.45, Penal Code. Sealing and destruction of arrest records, determination of innocence, Section 851.8. Penal Code. Search warrants, special master, Section 1524, Penal Code. Public Records ACt ® 2018 Richards, Watson 8 Gershon 2172263 Page 167 Port Three: The California Public Records Act Sex change, confidentiality of birth certificate, Section 103440, Health and Safety Code. Sex offenders, registration form, Section 290.021, Penal Code. Sexual assault forms, confidentiality of, Section 13823.5, Penal Code. Sexual assault counselor and victim, confidential communication, Sections 1035.2, 1035.4, and 1035.8, Evidence Code. Shorthand reporter's complaint, Section 8010, Business and Professions Code. Small family day care homes, identifying information, Section 1596.86, Health and Safety Code. Social security number, applicant for driver's license or identification card, nondisclosure of, Section 1653.5, Vehicle Code, and Section 6254.29. Social security number, official record or official filing, nondisclosure of, Section 9526.5, Commercial Code, and Sections 6254.27 and 6254.28. Social Security Number Truncation Program, Article 3.5 (commencing with Section 27300), Chapter 6, Part 3, Division 2, Title 3. Social security numbers within records of local agencies, nondisclosure of, Section 6254.29. Section 6276.42. "State agency activities" through "Sturgeon egg processors" State agency activities relating to unrepresented employees, subdivision (p) of Section 6254. State agency activities relating to providers of health care, subdivision (a) of Section 6254. State Auditor, access to barred records, Section 8545.2. State Auditor, confidentiality of records, Sections 8545, 8545.1, and 8545.3. State civil service employee, confidentiality of appeal to state personnel board, Section 18952. State civil service employees, confidentiality of reports, Section 18573. State civil service examination, confidentiality of application and examination materials, Section 18934. Public Records Act © 2018 Richards. Watson 8 Gershon 2172263 Page 163 Part Three. The California Public Records Act State Compensation Insurance Fund, exemption from disclosure for various records maintained by the State Compensation Insurance Fund, subdivision (ad), Section 6254. State Contract Act, bids, questionnaires and financial statements, Section 10165, Public Contract Code. State Contract Act, bids, sealing, opening and reading bids, Section 10304, Public Contract Code. State Energy Resources Conservation and Development Commission, confidentiality of proprietary information submitted to, Section 25223, Public Resources Code. State hospital patients, information and records in possession of Superintendent of Public Instruction, confidentiality of, Section 56863, Education Code. State Long -Term Care Ombudsman, access to government agency records, Section 9723, Welfare and Institutions Code. State Long -Term Care Ombudsman office, confidentiality of records and files, Section 9725, Welfare and Institutions Code. State Long -Term Care Ombudsman office, disclosure of information or communications, Section 9715, Welfare and Institutions Code. State Lottery Evaluation Report, disclosure, Section 8880.46. State prisoners, exemption from disclosure for surveys by the California Research Bureau of children of female prisoners, Section 7443, Penal Code. State summary criminal history information, confidentiality of information, Sections 11105, 1 1105.1, 11105.3, and 11105.4. Penal Code. State Teachers' Retirement System, confidentiality of information filed with the system by a member, participant, or beneficiary, Sections 22306 and 26215, Education Code. Sterilization of disabled, confidentiality of evaluation report, Section 1955, Probate Code. Strawberry marketing information, confidentiality of, Section 63124, Food and Agricultural Code. Structural pest control licensee records relating to pesticide use, confidentiality of, Section 15205, Food and Agricultural Code. Public Records Act 2018 Richards, Watson & Gershon 2172263 Foge 164 Part Three' The California Public Records Act Student driver, records of physical or mental condition, confidentiality of, Section 12661, Vehicle Code. Student, community college, information received by school counselor, confidentiality of, Section 72621, Education Code. Student, community college, records, limitations on release, Section 76243, Education Code. Student, community college, record contents, records of administrative hearing to change contents, confidentiality of, Section 76232, Education Code. Student, sexual assault on private higher education institution campus, confidentiality of information, Section 94385, Education Code. Student, sexual assault on public college or university, confidentiality of information, Section 67385, Education Code. Sturgeon egg processors, records, Section 10004, Fish and Game Code. Section 6276.44. "Taxpayer information" through "Trust companies" Taxpayer information, confidentiality, local taxes, subdivision (1), Section 6254. Tax preparer, disclosure of information obtained in business of preparing tax returns, Section 17530.5, Business and Professions Code. Teacher, credential holder or applicant, information provided to Commission on Teacher Credentialing, confidentiality of, Section 44341, Education Code. Teacher, certified school personnel examination results, confidentiality of, Section 44289, Education Code. Telephone answering service customer list, trade secret, Section 16606, Business and Professions Code. Timber yield tax, disclosure to county assessor, Section 38706, Revenue and Taxation Code. Timber yield tax, disclosure of information, Section 38705, Revenue and Taxation Code. Title insurers, confidentiality of notice of noncompliance, Section 12414.14, Insurance Code. Pubic Records Act 8 2018 Richards, Watson & Gershon 2172263 Page 165 Part Three: The California Public Records Act Tobacco products, exemption from disclosure for distribution information provided to the State Department of Public Health, Section 22954, Business and Professions Code. Tow truck driver, information in records of California Highway Patrol, Department of Motor Vehicles, or other agencies, confidentiality of, Sections 2431 and 2432.3, Vehicle Code. Toxic substances, Department of, inspection of records of, Section 25152.5, Health and Safety Code. Trade secrets, Section 1060, Evidence Code. Trade secrets, confidentiality of, occupational safety and health inspections, Section 6322, Labor Code. Trade secrets, disclosure of public records, Section 3426.7, Civil Code. Trade secrets, food, drugs, cosmetics, nondisclosure, Sections 110165 and 110370, Health and Safety Code. Trade secrets, protection by Director of the Department of Pesticide Regulation, Section 6254.2. Trade secrets and proprietary information relating to pesticides, confidentiality of, Sections 14022 and 14023, Food and Agricultural Code. Trade secrets, protection by Director of Industrial Relations, Section 6396, Labor Code. Trade secrets relating to hazardous substances, disclosure of, Sections 25358.2 and 25358.7, Health and Safety Code. Traffic violator school licensee records, confidentiality of, Section 11212, Vehicle Code. Traffic offense, dismissed for participation in driving school or program, record of, confidentiality of, Section 1808.7, Vehicle Code. Transit districts, questionnaire and financial statement information in bids, Section 99154, Public Utilities Code. Tribal -state gaming contracts, exemption from disclosure for records of an Indian tribe relating to securitization of annual payments, Section 63048.63. Puolic Records Act ® 2018 Richards, Watson & Gershon 2172263 Page 166 Part Three. The California Public Records Act Trust companies, disclosure of private trust confidential information, Section 1582, Financial Code. Section 6276.46. "Unclaimed property" through "Wards and dependent children, inspection of juvenile court documents" Unclaimed property, Controller records of, disclosure, Section 1582, Code of Civil Procedure. Unemployment compensation, disclosure of confidential information, Section 21 1 1, Unemployment Insurance Code. Unemployment compensation, information obtained in administration of code, Section 1094, Unemployment Insurance Code. Unemployment fund contributions, publication of annual tax paid, Section 989, Unemployment Insurance Code. University of California, exemption from disclosure for information submitted by bidders for award of best value contracts, Section 10506.6, Public Contract Code. Unsafe working condition, confidential ty of complainant, Section 6309, Labor Code. Use fuel tax information, disclosure prohibited, Section 9255, Revenue and Taxation Code. Utility systems development, confidential information, subdivision (e), Section 6254. Utility user tax return and payment records, exemption from disclosure, Section 7284.6, Revenue and Taxation Code. Vehicle registration, confidentiality of information, Section 4750.4, Vehicle Code. Vehicle accident reports, disclosure of, Sections 16005, 20012, and 20014, Vehicle Code and Section 27177, Streets and Highways Code. Vehicular offense, record of, confident ality five years after conviction, Section 1807.5, Vehicle Code. Veterans Affairs, Department of, confidentiality of records of contract purchasers, Section 85, Military and Veterans Code. Public Records Act © 2018 Richards. Watson & Gershon 2172263 Page I6/ Part three: The California Public Records Act Veterinarian or animal health technician, alcohol or dangerous drugs diversion and rehabilitation records, confidentiality of, Section 4871, Business and Professions Code. Victims' Legal Resource Center, confidentiality of information and records retained, Section 13897.2, Penal Code. Voter, affidavit or registration, confidentiality of information contained in, Section 6254.4. Voter, registration by confidential affidavit, Section 2194, Elections Code. Voting, secrecy, Section 1050, Evidence Code. Wards and dependent children, inspection of juvenile court documents, Section 827, Welfare and Institutions Code. Section 6276.48. "Words" through "Youth Authority" Wards, petition for sealing records, Section 781, Welfare and Institutions Code. Winegrowers of California Commission, confidentiality of producers' or vintners' proprietary information, Sections 74655 and 74955, Food and Agricultural Code. Workers' Compensation Appeals Board, injury or illness report, confidentiality of, Section 6412, Labor Code. Workers' compensation insurance, dividend payment to policyholder, confidentiality of information, Section 1 1739, Insurance Code. Workers' compensation insurance fraud reporting, confidentiality of information, Section 1877.4, Insurance Code. Workers' compensation insurer or rating organization, confidentiality of notice of noncompliance, Section 1 1754, Insurance Code. Workers' compensation insurer, rating information, confidentiality of, Section 1 1752.7, Insurance Code. Workers' compensation, notice to correct noncompliance, Section 11754, Insurance Code. Workers' compensation, release of information to other governmental agencies, Section 1 1752.5, Insurance Code. Public Records Act © 2018 Richards, Watson & Gershon 2172263 Paye 168 Port Three: The Calitorr.ia Public Records Act Workers' compensation, self-insured employers, confidentiality of financial information, Section 3742, Labor Code. Workplace inspection photographs, confidentiality of, Section 6314, Labor Code. Youth Authority, parole revocation proceedings, confidentiality of, Section 1767.6, Welfare and Institutions Code. Youth Authority, release of information in possession of Youth Authority for offenses under Sections 676, 1764.1, and 1764.2, Welfare and Institutions Code. Public Records Act *2018 Richards. Watson 8 Gershon 2172263 Page 169 Richards. Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los Angeles. San Francisco Orange County, Temecula, and the Central Coast our dedicated team of experts provides the full -scope of public law services. We are the lawyers of choice for clients who seek reliable. efficient and effective legal counsel. Richards, Watson & Gershon serves as city/town attorney. special counsel and general counsel to clients of 011 saes and demographics. Our attorneys are proficient in areas of law only found in a firm with substant al experience in public agency representation. Local Governments count on us for help with their most complex r r,_.r;gms. Specialties Include: Admrnsirative Law Airports, Rail & Transit Brown Act Cannabis CEQA Coastal Act Code Enforcement Ccnflicts of Interest Construction & Public Works ANGELES S. Grund Avenue • , Floor Angeles. CA 90011 N FRANCISCO Montgomery Sheet ite 3800 sn Francisco. CA 94104 RANGE COUNTY Civic Center Circle O. Box 1059 eu. CA 92822 MECULA • 000 Main Street ite 309 meculo. CA 92590 EN1RAL COAST 7 Monterey Street ite 201 n Luis Obispo, CA 9"3401 ince 1954 rwglaw.com 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 Low SECTION 10 COUNCIL MEMBERS Michael S. Naggar James Stewart Maryann Edwards Matt E. Rahn Zak Schwenk EXECUTIVE STAFF Aaron Adams Greg Butler Randi Johl Jennifer Hennessy Kevin Hawkins Patrick Thomas Luke Watson Mike Heslin Isaac Garibay Peter M. Thorson Lisa McConnell Vacant CITY OF TEMECULA 41000 Main Street Temecula, California 92590 Reception Desk Phone' (951) 694-6444 Mayor/City Council Phone: (951) 506-5100 Website: www.TemeculaCA.gov RESOURCE LIST Mayor (mike.naggar@TemeculaCA.gov) Mayor Pro Tempore (james.stewart@TemeculaCA.gov) Council Member (maryann.edwards@TemeculaCA.gov) Council Member (matt.rahn@TerneculaCA.gov) Council Member (zak.schwank@TemeculaCA.gov) City Manager (506-5100) (aaron.adams@TemeculaCA.gov) Assistant City Manager (693-3961) (greg.butler@TemeculaCA.gov) City Clerk (694-6444) (randi.johl@TerneculaCA.gov) Director of Finance (694-6430)(jennifer.hennessy@TemeculaCA.gov) Director Community Services (694-6480) (kevin.hawkins@TemeculaCA.gov) Public Works Director (694-6432) (patrick.thomas@TemeculaCA.gov) Director of Community Development (694-6400) (luke.watson@TemeculaCA.gov) Director of Information Technology/Support Services (308-6300) (mike.heslin@TemeculaCA.gov) Human Resources Manager (694-6490) (isaac.garibay@TemeculaCA.gov) City Attorney Richards, Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles. California 90071-3101 Phone: (213) 626-8484 Chief of Police P. O. Box 892050, Temecula 92589 30755-A Auld Road, Murrieta 92563 Office: (951) 696-3000 Non -Emergency: (800) 950-2444 Division Fire Chief City of Temecula Fire Services 41000 Main Street, Temecula, CA 92590 Phone: 951-694-6405 Station #12 (Mercedes) 676-2161, Station #73 (Enterprise Circle W.) 699-4517, Station #83 (Sky Canyon) 696-0962, Station #84 (Pauba) 693-0683, Station #92 (Wolf Valley) 302-1497, Station #95 (Roripaugh Ranch) 676-2126 Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 8, 2019 SUBJECT: Approve Annual Citywide Records Retention Schedule and Records Destruction for Calendar Year 2019 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 19- 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 BACKGROUND: The citywide Records Management Program ("Program") is based on state and federal laws and agency guidelines governing public records. The Records Retention Schedule ("Schedule") is a key element of this program. The objective of the program and schedule is to administer and preserve records vital to the operation of the City and to lawfully dispose of records that have served their usefulness. Program components include the retention schedule, records destruction, technology storage and retrieval, and related policies and procedures. The schedule is a comprehensive listing of records created or maintained by the City, that includes the length of time each record is retained and the legal retention authority. The Electronic Document Management System ("EDMS") is a part of the overall program. The City uses Laserfiche as its EDMS to store its official records electronically. The purpose of the EDMS policy is to ensure the City's EDMS meets the definition of a Trusted System as set forth in Government Code Sections 12168.7 and 34090.5, and is in compliance with regulations developed by the Secretary of State to use in recording, storing, and reproducing permanent and nonpermanent documents or records in electronic media, so that every reproduction of a record from the EDMS will be deemed to be a copy of an original record. Documents already imaged and identified within various records series of the schedule are destroyed in accordance with policy. Permanent imaging of these records complies with the requirements of state and federal laws. Proposed revisions to the schedule are based upon an annual survey of departments. Revisions reflect changes in records ownership, operational needs and changes in applicable records management law. Government Code Section 34090 requires legislative approval for said destruction, along with City Attorney review and Department Director authorization. The City Attorney consents to the destruction of the proposed records by way of approval of this report and attachments and signature on the corresponding resolution. Assuming the City Council approves the proposed destruction Department Directors will also sign off on the request for destruction of records prior to actual destruction. In addition to the descriptions set forth in Exhibit A, bar code records also identify each record retained and/or destroyed by the City. Therefore, staff recommends that the City Council approve the annual retention schedule and records destruction. FISCAL IMPACT: The costs associated with the program are contained in the annual operating budget for the City Clerk Department. ATTACHMENTS: Resolution Regarding Records Retention Schedule RESOLUTION NO. 19- 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 WHEREAS, the Records Retention Schedule is a key element of the Records Management Program for the City of Temecula in administering and preserving records vital to the operation of the City and for legally disposing of records that have served their usefulness; and WHEREAS, the Records Retention Schedule, attached hereto as Exhibit A, is a living, breathing document changing periodically based on the ongoing operational needs of the City. WHEREAS, Section 34090 et seq. of the California Government Code authorizes the destruction of City records upon approval of the legislative body of the City and with written consent of the City Attorney, provided that the records do not fall within certain specified categories, and are not Tess than two years old; and WHEREAS, the records identified to be destroyed in Exhibit A, incorporated herein by this reference, are more than two years old, are not subject to litigation hold, and are not otherwise required to be kept by the City by statute and therefore meet the criteria for destruction set forth in Government Code Section 34090 et seq.; and WHEREAS, in addition to the description of records provided in Exhibit A, bar code scans identify each record retained and/or destroyed by the City. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The "City of Temecula Uniform Filing System Guide Records Retention Schedule" is hereby amended and restated as set forth on Exhibit A. Section 2. The City Clerk or her designee is authorized to destroy the records described on Exhibit A. Resos 19- 1 Section 3. The City Attorney's signature on this resolution shall serve as evidence of his written consent to the destruction of records as identified in Exhibit A. Peter M. Thorson City Attorney Section 4. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of January, 2019. Michael S. Naggar, 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. 19- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of January, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Resos 19- 2 Exhibit A City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION RECORD HOI:GER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 100 GENERAL ADMINISTRATIVE FILES 100-01 Mission Statement _: ALL R US GC 34090 Declaration of City's purpose Rer+}tnnent Until Superseded 100-02 City Wide Policies and Administrative Guidelines HR , P US GC 34090 Policies, procedures, manuals developed by the City to govern it's internal functions Permanent Until Superseded 101 CORRESPONDENCE CONTROL FILES 101-01 Chronological and General Correspondence Files ALL C + 2 GC 34090 Incoming/outgoing correspondence - letters, email, memorandums, requests, notices, etc. 2016 and prior 101-06 Calendars, Appointment Books, Scheduling, Call Logs and Visitor Logs ALL C + 2 GC 34090 General correspondence, logs, books 2016 and prior 200 PLANNING, BUDGET & PROGRAMMING FILES 201 EMERGENCY PLANNING & DISASTER REPORTING FILES 201-01 Emergency Planning Files HR, IT US + 2 GC 34090 Notices, lists, reference papers, general correspondence and supporting documents Until Superseded + 2 201-02 Emergency Reporting Files HR P GC 34090 Reports documenting actions and operations - incident reports, reports of resolution Permanent 201-04 Disaster Re porting Files p g CC P GC 34090 Reports documenting actions and operations - incident reports. reports of resolution Permanent 201-06 Emergency Communications Files HR P GC 6254 Reports documenting actions and operations - incident reports, reports of resolution Permanent 201-08 Emergency Management Training HR US + 2 GC 6254 Attendance logs, certificates, etc. Until Superseded + 2 Exhibit A City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION RECORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 202 ORGANIZATION PLANNING FILES 202-01 Workforce Planning HR US GC 34090 Organization charts. lists, reports, etc. Until Superseded 203 CITY PLANNING FILES 203-01 Tentative Map Files/Tentative Tract Maps CD. PW P GC 34090; H & S 19850; GC 4003; GC 4004 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-02 Tentative Parcel Map Files CD. PW P GC 34090; H & S 19850; GC 4003; GC 4004 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-03 Zone Change Files CD P GC 34090; H & S 19850; GC 4003; GC 4004 Project files, applications, notices, correspondence related to project, exhibits. environmental documents, etc. Permanent 203-04 Variance Files CD P GC 34090; H & S 19850; GC 4003; GC 4004 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DERT-OF ORIGINATION/- RECORD- HOLDER OFFICE OF RECORDCITATION RETENTION & LEGAL DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 203 07 Minor Temporary Use Permit CSD, CD C + 2 GC 34090(d) Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. (Refer to Series 203-48 for Master and Major TUP's) 2016 and prior 203-08 Conditional Use Permit Files CD P GC 34090 H & S 19850; GC 4003; GC 4004 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-10 Modifications (includes minor, major, review) CD P GC 34090 H & S 19850; GC 4003; GC 4004 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-11 General Plan/Development Code and Amendments CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-12 Lot Line Adjustment CC, CD,PW P GC 34090 Project tiles, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-13 Environmental Initial Study, Environmental Impact Report and Environmental Assessments CD P GC 34090 Project tiles, applications, notices, correspondent: related to project, exhibits, environmental documents, etc. Permanent 203-15 Comprehensive Sign Program CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-16 Temporary Signs CD C + 2 GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. 2016 and prior 203-17 Sign Permit CD p GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION RSD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 203-19 Parcel Merger CC, CD, PW P GC 34090 Project files, applications, notices, correspondent related to project, exhibits, environmental documents, etc. Permanent 203-20 Home Occupation Permit CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-21 Specific Plans/Specific Plan Amendments CD P GC 34090 Project tiles, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-22 Certificate of Compliance CC, CD, PW P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-23 Waivers of Final Map CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-24 Development Plans CD, PW P GC 34090 Project tiles, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-25 Second Dwelling Unit Permit CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-28 Development Agreements CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-31 Landscape Agreements/Bonds/Plans CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-32 Appeals CD C + 2 GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. 2016 and prior 203-35 Massage Establishment/Technician CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits. environmental documents, etc. Permanent 203-36 Findings of Public Convenience or Necessity CD P GC 34090 Project tiles, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION; READ- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 203-37 Development Impact Fee Reduction CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-38 Extension of Time CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-39 Habitat Acquisition Negotiations Strategy (HANS) CD P GC 34090 Project tiles, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-40 Minor Exception CD P GC 34090 Nrofect files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-41 Model Home Complex CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-42 Pre -Application Review CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits. environmental documents, etc. Permanent 203-43 Residential Tract Product Review CD P GC 34090 Project tiles, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-44 Vendors License CD P GC 34090 'Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-45 Wireless Antenna Facility CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-46 Long Range Planning Projects CD P GC 34090 Noticing documents, project correspondence. invoices, receipts, exhibits, EIR documents, required forms Permanent 203-47 Certificate of Historical Appropriateness CD p GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 203-48 Master/ Major Temporary Use Permits and Special Events CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0., January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION/ RECORD- HOWBER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 203-49 Special Studies CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits. environmental documents etc. Permanent 204 INFORMATION TECHNOLOGY COMPUTER APPLICATIONS, AUDIO/VIDEO & DIRECTORIES _ 204-06 Council Meeting Media CC, ITSS P GC 34090 Audio, video recordings Permanent 204-07 Meeting Audio Recordings (Boards & Commissions, Directors Hearing, etc.) ITSS C + 2 GC 34090 Audio recordings 2016 and prior 205 BUDGET FILES 205-01 Budget Working Paper Files FIN C+2 GC 34090 Annual Operating Budget back up documents 2016 and prior 205-02 Proposed Budget FIN C + 2 GC 34090 Annual Operating Budget (City Council Workshop/Report) 2016 and prior 205-03 Final Adopted City Budget & Mid -year Budget FIN P GC 34090, 40802 and 53901 Adopted -Final Annual Operating Budget documents documents and Midyear Bud Y 9 Permanentet 205-04 Budget Adjustments FIN 4 AA GC 34090 Journals. budget adjustment requests FY 13/14 and prior 205-09 Capital Improvement Program Budget FIN P GC 34090 Adopted - Annual Capital Improvement Program Budget g Permanent 205-13 State Budget Information FIN C + 2 GC 34090 State of California yearly budget information with population 2016 and prior Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPS, O ORIGINATIONF- RECORD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 206 REPORTING FILES 206-02 Comprehensive Annual Financial Reports (CAFR/Annual Financial Statements) FIN P GC 34090 ' Final CAFR Permanent 206-04 State Controller's Report FIN P GC 34090 Final State Controllers Report submitted to State of California Permanent 206-05 Street Report FIN P GC 34090 Final Street Report submitted to the State of California Permanent 206-06 Statement of Indebtedness (RDA) FIN P GC 34090 Final RDA Financial Statements (SOI) submitted to the State of California Permanent 207 COST ANALYSIS STUDIES 207-01 Cost Analysis Studies Files FIN P Final Fee Studies (City Council Report) Permanent 208 REDEVELOPMENT (RDA) & SUCCESOR AGENCY THE REDEVELOPMENT AGENCY (SARDA) 208-01 Redevelopment Plan CD P GC 34090 Project tiles, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 208-02 Redevelopment Projects CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits. environmental documents, etc. Permanent 208-03 Redevelopment Programs CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 208-04 Housing Programs CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent 208-05 Housing Projects CD P GC 34090 Project files, applications, notices, correspondence related to project, exhibits, environmental documents, etc. Permanent Exhibit A - fapfF City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION/ RECORD - HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 208-06 Owner Participation Rules CD US GC 34090 Project files, applications, notices. correspondence related to project, exhibits, environmental documents, etc. Until Superseded 208-07 Relocation Assistance. Rules & Guidelines CD US GC 34090 Project files, applications, notices, correspondence related to project, exhibits. environmental documents, etc. Until Superseded 208-08 Special Studies - RDA/SARDA CD P GC 34090 15roject files, applications, notices, correspondence' related to project, exhibits, environmental documents, etc. Permanent 209 FUNDING PROGRAMS 209-01 Community Services Funding Program CM T+4 GC 34090 Applications, supporting documents 2014 and prior if terminated 209-02 CDBG Public Service Admin Files CD 3 Office + 5 GC 34090, 7 CFR 3016.42 Project files, contracts, proposals, statements, reports, environmental review, grant documents, 'pplications, inventory, plans, regulations 2011 and prior 209-03 CDBG Planning Documents CD P GC 34090 Electronic — Includes Consolidate Plan, Annual Action Plans, Analysis of Impediments, Assessment of Fair Housing, Consolidated Action and Performance Evaluation Report (CAPER) Permanent 209-04 CDBG Funding Applications CD 2 + 3 GC 34090 Project files, contracts, proposals. statements. reports. environmental review, grant documents. applications, inventory. plans regulations 2 Office + 3 209-05 CDBG Policy Manuals CD US GC 34090 Procedures and policies Until Superseded Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0 January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION RECORD HOLDER OFFICE OF RECORDCITATION RETENTION & LEGAL DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 300 MANAGEMENT FILES 301 DEPARTMENTAL MANAGEMENT FILES 301-02 Conference and Meetings ALL US GC 6254 Agendas, outlines, lists, notes, etc. Until Superseded 301-03 Departmental Procedures ALL US GC 6254 Procedures Until Superseded 302 REPORTS MANAGEMENT FILES 303 FORMS MANAGEMENT FILES 303-01 Forms (Masters) ALL US GC 6254 Shell forms Until Superseded 304 RECORDS MANAGEMENT FILES 304-01 Filing Systems & Procedures (Includes TUFFS) CC US GC 6254 Lists Until Superseded 304-02 Department Inventories and Worksheets CC P GC 6254 Yearly inventory sheets, worksheets Permanent 304-03 Records Destruction Authorization Files and Certificates CC P GC 6254 Certificates of Destruction Permanent 304 05 -. _ - -- -.• - -- - GC 6254 304-06 Department Transfer Lists CC P GC 6254 Listings of documents transferred to Records Permanent 304-07 Retention Schedules CC P GC 6254 Retention schedule (City Council Report) Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY BERT -OF OF ORIGINATION: RE -CORD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 305 RISK MANAGEMENT 305-01 Insurance Policies HR P GC 34090 City Owned Policies Permanent 305-02 Claims (Liability Claims, Workers Comp Claims, etc.) HR 3 AS GC 34090 Employee claims, supporting documents (Refer to Series 704-13 for Claims Against the City)2016 and prior years after settled 305-03 Accident Reports — City Assets HR CL + 3 GC 34090 cident/Incident Reports 2015 and prior closed 305-04 Risk Management Reports — Loss Analysis, Safety, etc. HR CL + 7 GC 34090 ^ccidentiIncident Reports 2011 and prior closed 305-05 Self -Insured Documentation HR AS + 3 GC 34090 Insurance Policies; Certificate of Consent 2015 and prior after settled 305-06 Incident Reports (Non-employee) HR CL + 3 GC 34090 Accident/Incident Reports 2015 and prior closed 400 ACCOUNTING, PAYROLL & RETIREMENT 401 ACCOUNTING & REVENUE FILES Also see Section 409 401-03 General Ledger File AJE BJE FIN 4 AA GC 34090 CCP337 Journal and budget adjustments FY13,14 and prior 401-06 Accounts Payable FIN , 4 AA GC 34090 Vendor invoices with check copies FY13/14 and prior 401-07 Accounts Receivable FIN 4 AA GC 34090 Billing invoices with backup documents FY13/14 and prior 401-10 Demands & Warrants (checks) FIN 4 AA GC 34090 Copies of A/P checks FY13/14 and prior Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0J January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION RECORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 401-11 Encumbrance Files FIN 4 AA GC 34090 Copies of purchase orders with backup documents FY13 1 - and prior 401-13 List of Demands FIN 4AA GC 34090 Check listing issued monthly (City Council Report) FY13/14 and prior 401-14 Petty Cash Files FIN 4 AA GC 34090 Petty cash receipts with backup documents FY13/14 and prior 401-16 Sales Tax (Also see 409-11) FIN 4 AA GC 34090 - ales tax backup documents FY13 14 and prior !,laster Chart RY-1-344-andprior at -Accounts 401-19 Quarterly Financial Statements FIN 4 AA GC 34090 & CCP 337 Reports of quarterly financials (City Council Report) FY13/14 and prior 401-20 State Revenues FIN 4 AA GC 34090 State of California revenue information FY13/14 and prior 401-21 Fiscal Analysis FIN 4 AA GC 34090 Income. balance, cash flow statements FY13/14 and prior 401-25 Vouchers and Voucher Register (Cash Disbursement Journal) FIN 4 AA GC 34090 Daily cash receipt backup documents FY13/14 and prior 401-35 Internal Service Funds FIN 4 AA GC 34090 `racking of services and goock FY13/14 and prior 401-37 Asset Management Inventory FIN P 4 AA GC 34090 Fixed assets inventory FY 13/14 and prior Permanent Exhibit A;3, City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION/- RECORD MOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 402 RECEIPTS & BILLING FILES 402-02 Daily Cash Receipts FIN 4 AA GC 34090 Daily cash backup documents FY and prior 402-05 Permits and Permit Fees FIN 4 AA GC 34090 Listing of permit fees FY13/14 and prior 402-06 Business Licenses FIN Renewals/ Address Changes 4 AC Applications 10 AC GC 34090 Business license applications, changes and renewals 2014 and prior after closed /2. . 5 and prior after closed 403 CITY BANKING FILES 403-01 Bank Deposit Files FIN 4 AA GC 34090 Lopies of Bank Deposits FY13/14 and prior 403-02 Bank Statements FIN 4 AA GC 34090 Copies of Bank Statements FY13/14 and prior 403-03 Check Stubs, Cancelled/Voided Checks FIN 4 AA GC 34090 Copies of A/P checks and voids FY13/14 and prior 403-05 Banking Service Files FIN 3 AT GC 34090 Bank fees file and prior after termination 403-06 Bank Reconciliation FIN 4 AA GC 34090 Monthly bank reconciliation documents - and prior 403-08 A/P Checks (Numerical Listing) FIN 4 AA GC 34090 A'P checks I and prior Exhibit A City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0J January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEP, OF SON RECORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 404 PAYROLL FILES 404-01 IRS Forms (W2's, W -4's, EDD, 941, 1099, etc.) FIN C+4 GC 34090 CFR 1627.3 Copies of W-2, W 4, payroll reports, 941 reports sent to IRS 2014 and prior 404-02 Payroll Deductions/Benefit Reports FIN C+2 GC 34090 P29 CFR 1627.3 Payroll reports and prior 404-03 Payroll System Reports FIN 4 AA GC 34090 Payroll reports FY13/14 and prior 404-04 Time Sheets FIN 4 AA GC 34090 Payroll timesheets FY13 14 and prior 404-06 Vacation & Sick Leave FIN 4 AA GC 34090 Payroll leave report FY13/14 and prior 404-09 Unemployment Compensation Files FIN 4 AA GC 34090 Payroll unemployment forms FY13 14 and prior 404-14 PERS — Payroll Deduction Reports FIN P 29 CFR 1627.3 Payroll pension reports sent to CalPers Permanent 404-16 Workers Compensation FIN 4 AA GC 34090 Workers Compensation yearly audit files and prior 405 BOND FILES 405-01 Bond Issue Maintenance Files CC M+3 53921 & CCP 337.5 Certificates of participation, distribution lists, agreements, amendments, maps M + 3 Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DERT-OF ORIGINATION RECORD HOLDER OFFICE OF RECORDCITATION RETENTION & LEGAL DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 405-09 Bonds, Development and Performance CC P 53921 & CCP 337.5 Bonds Permanent 405-16 Bonds Other CC M+3 53921 & CCP337.5 Bonds M + 3 406 AUDIT FILES 406-07 City Annual Audit FIN P GC 34090 City Annual Financial Reports Audited Permanent 406-08 Single Audit FIN P GC 34090 City Annual Financial Reports Audited Permanent 406-09 Redevelopment Agency Audit FIN P GC 34090 RDA Annual Financial Report Auditied Permanent 406-10 Riverside County Transportation Commission/Measure A Audit FIN P GC 34090 Measure A Annual Audit Permanent 406-11 Other Audits FIN P GC 34090 Annual Financial Reports Audited Permanent 407 RETIREMENT FILES 407-01 Individual Vested Interest Records FIN 4 AA GC 34090 City investment portfolio records and prior 407-02 Deferred Compensation Plans HR P GC 34090.26 457 Plan Documents Permanent 407-04 Retirement Correspondence and Information (PERS) HR P GC 34090 Retirement contract, amendments Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0� January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION RECORD #FOLDER OFFICE OF RECORDCITATION RETENTION & LEGAL DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 408 INVESTMENTS FILES 408-04 Certificates of Deposit Information FIN P GC 34090 :;D deposit information Permanent 408-05 Investment Information Files FIN 4 AA GC 34090 City investment portfolio records -- and prior 408-06 Monthly Treasurer's Report FIN 4 AA GC 34090 ity monthly bank reconciliation and prior 408-07 Administration FIN 4 AA GC 34090 ;,vestment administration - and prior 448-6Y Boors L-aia; 408-10 State of California Local Agency Investment Fund (LAIF) FIN 4 AA GC 34090 I rvestment information FY13 - - and prior 409 REVENUE & TAXATION (Also refer to Section 401) 409-01 Administration FIN 4 AA GC 34090 1 revenue administration and prior 409-04 User Fee Studies FIN P GC 34090 City User Fee studiesw Permanent 409-05 Development Impact Fees (DIF) FIN P GC 34090 City Impact Fee studies Permanent 409-06 Franchise Fees FIN 4 AA GC 34090 City Franchise Fees information -- and prior 409-07 Fee Schedules FIN P GC 34090 City Fees Schedule Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0 January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF 0RIGINATI-0 - RECORD MOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 409-10 Property Tax FIN 4 AA GC 34090 ;' property tax information and prior 409-11 Sales Tax (Also refer to series 401-16) FIN P GC 34090 City sales tax information Permanent 409-12 Transient Occupancy Tax (TOT) FIN 4AA GC 34090 City TOT information and prior 409-15 TCSD Fees FIN P GC 34090 TCSD Fees Permanent 409-16 Documentary Transfer Tax FIN 4 AA GC 34090 ty tax information FY13 and prior 409-17 Temecula Public Financing Corporation (TPFA) FIN P GC 34090 SFA (City Council Report) Permanent 409-18 Grants FIN P GC 34090 Grants information Permanent 409-23 Gas Tax FIN 4 AA GC 34090 Gas tax revenues FY13'14 and prior 409-24 Vehicle Impound Fee FIN 4 AA GC 34090 Vehicle fee information FY13 14 and prior 409-25 Development Agreement Fees FIN ' P GC 34090 Development Agreement Permanent 409-27 Jarvis Prop 218 FIN P GC 34090 _ Prop 218 information Permanent 409-28 County Revenues. Other FIN 4 AA GC 34090 County revenue information and prior Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF _ -QF ORIGINATIOHI- RECORD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 409-29 State Revenues. Other FIN 4 AA GC 34090 State Revenues information FY13 14 and prior 409-31 Parking Legal Citations FIN 4 AC GC 34090 Parking citations information 2014 and prior after closed 410 ECONOMIC DEVELOPMENT 410-01 Loans & Incentives ED P GC 34090 Loan information Permanent 410-02 Studies/Research/Demographics & Census ED P GC 34090 Claritas reports Permanent 410-03 Meetings/Seminars/Conferences/ Showcases ED C + 2 GC 34090 Agendas, notices, CALED, ICSC, PIO Lunch, Broker's Breakfast, Temecula Trekkers and prior 410-04 Economic Development Committees & Other Agencies ED P GC 34090 Agendas Permanent 410-05 Temecula Businesses ED US GC 34090 Creative Spaces Project, correspondence Until Superseded 410-06 Business Development/Projects ED US GC 34090 Business information Until Superseded 410-07 Sponsorship & Funding Requests ED US GC 34090 Application guidelines. applications, funding char.- final sponsorship binder Until Superseded Exhibit A - . City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DT QF ORIGINATION RECORD HOLD R OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 500 PERSONNEL, SALARY & BENEFITS, CLASSIFICATION, RECRUITMENT, TESTING, TRAINING, MEDICAL, COMPLIANCE, SAFETY, INCINTIVES & AWARDS 501 PERSONNEL RECORDS 501-01 Individual Personnel File HR S + 50 GC 34090, 12946 Pre-employment ana new hire documentation, personnel actions. performance evaluations. training documents, general employment correspondence, benefits. confidential information (medical information, leave of absence documentation), workers compensation claim documentation Separation + 50 501-02 Personnel Policy File HR US GC 34090 Personnel policy Until Superseded 502 SALARY & BENEFITS 502-01 Employee Benefit Plans HR P GC 34090 Cafeteria Plan documents Permanent 502-02 Salary Studies HR US GC 34090 Salary Studies Until Superseded 502-04 Salary Schedules HR P GC 34090 -alary Schedules Permanent 502-07 Management Compensation Plan HR P GC 34090 Management Compensation Plan (City Council Report) Permanent 502-08 Council Compensation Plan HR P GC 34090 City Council Compensation Plan (City Council Report) Permanent 503 PERSONNEL CLASSIFICATION FILES 503-01 Classification Specifications HR P GC 34090 Class Specifications Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0., January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DE-PTOFRETENTION ORIGINATION RECORD HOLDER OFFICE OF RECORD & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 503-02 Classification Studies HR US GC 34090 Classification Study results Until Superseded 504 PERSONNEL MANAGEMENT FILES 504-07 Personnel Grievances and Administrative Complaints HR AS + 5 GC 34090 PC 832.5 Employee complaints 2013 and prior if settled 504-08 Personnel Investigations HR AS + 30 GC 34090 Initial allegation, investigation notes, interview transcripts, final investigation report After Settled + 30 505 RECRUITMENT 505-01 Recruitment File (including job application)HR AC + 3 GC 34090 Job applications, position announcements, interview ratings, eligibility list 2015 and prior after closed 505-08 ee #II AC i3 GC 34090 507 TRAINING FILES 507-03 Employee Career Development HR T+2 GC 34090 Certificates of Completion. Acknowlegements 2016 and prior after termination 507-04 Safety Training HR T+2 GC 34090 Certificates of Completion, Acknowlegements 2016 and prior after termination 507-05 Mandated Training HR T+2 GC 34090 Certificates of Completion. Acknowlegements 2016 and prior after termination 508 WORKERS COMP 508-02 Employee Workers Compensation Claims HR AT + 50 CCR 14311; 15400.2; CA LC 110- 139.6 Individual Workers' Compensation file (Work Status Reports, DWC-1 Form and Acknowledgement) 50 Years After Termination Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION. RECORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 509 COMPLIANCE FILES 509-05 Compliance Reports (EED. SCO. OSHA, etc.) HR, PW P GC 34090 $IP Report; Section 111 Reporting, CHP spection (DOT), Material Safety Data Sheets IDS) Permanent 510 SAFETY FILES 510-01 Safety Committee Meeting/Minutes HR P GC 34090 Agenda, meeting minutes Permanent 510-02 Accident'Safety Investigation Files (OSHA, etc.) HR P GC 34090 :.. cident/Incident Reports Permanent 510-03 Safety Manual HR P GC 34090 Safety Manuals Permanent 510-05 Department of Transportation DOT Program HR P GC 34090 Individual DOT Driver File (Test results, DMV Reports, Pull Program Authorization, Medical Car'Permanent 511 INCENTIVE AND SERVICE AWARDS 511-01 Employee Recognition HR P GC 34090 Service award tracking Permanent 511-02 City Sponsored Employee Activities (Team PACE) HR C+2 GC 34090 ream PACE event plans, meeting minutes 2016 and prior 600 PURCHASING, CONTRACTING, EQUIPMENT AND SERVICE FILES 601 PURCHASING FILES 601-01 Purchase Orders FIN 4 AA GC 34090 Purchase orders, purchase order reports, backup documents and prior 601-02 Product, Services, Catalogs FIN US GC 34090 Catalogs Until Superseded Exhibit A - [)RA " City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION - RECORD HOLDER OFFICE OF RECORDCITATION RETENTION & LEGAL Doc TRF RECODD ..FYPF S'; RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 601-03 Bid Files CC P Successful 4 Unsuccessful CCP 337.5 Bid documents, exhibits, correspondence Successful Permanent; Unsuccessful 2015 and prior (Successful bid filed with contract) 601-04 Authorization to Purchase other than Bid FIN US GC 6254 Bid authorization Until Superseded 601-05 Department Requisition File FIN 4 AA GC 34090 Requisition file, backup documents FY1114 and prior 601-06 Purchasing Policy and Procedures FIN US GC 6254 Purchasing policies and procedures Until Superseded 601-08 Vendors Lists FIN 4 AA GC 34090 Listing of vendors - and prior 601-13 Credit Applications FIN 4 AA GC 34090 'redit application and prior 601-15 RFQs/RFPs ALL2 3 Successful Unsuccessful GC 34090 Quotes, proposals, exhibits, correspondence Successful and prior: Unsuccessful and prior 681--46 C 2 . G6-34090 602 CONTRACTS & AGREEMENTS 602-00 Contracts & Agreements CC P GC 34090 Agreements, Contracts, Amendments Permanent 602-01 Franchises CC P GC 34090 Agreements, Contracts, Amendments Permanent Exhibit A - _sWWsy:f City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION RECORD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 602-02 Contracts and Agreements General Correspondence CC C+2 GC 34090 General Correspondence and prior 602-03 Lease Agreements CC P GC 34090 Permanent Piannina "are -e is GC GC 3,1090 o _: ..,,E 602-05 Vendor Certificates of Insurance CC HR US+2 GC 34090 Certificates of Insurance Until Superseded + 2 603 INVENTORY SUPPLY FILES & FIXED ASSETS 603-01 Master Inventory of Equipment FIN, ITSS US GC 34090 Listing of inventory Until Superseded 603-02 Fuel Records File (Gasoline, Oil, etc.) FIN I C+2 GC 34090 City revenue administration 2016 and prior 603-03 Vehicle Registration Records FIN L GC 34090 VC 9900 c., ty vehicle records Life/Sale of Vehicle 603-05 Vehicle Maintenance Policy PW US GC 34090 Vehicle maintenance policy Until Superseded 603-06 Fleet'Vehicle Maintenance Records PW L All Fleet/Vehicle maintenance records Life/Sale of Vehicle 604 SALVAGE AND SURPLUS SALES 604-01 Salvage and Surplus Sales FIN C + 2 AD GC 34090 ,- sset surplus __' c and prior after disposition Exhibit A '} Af City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0J January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION RECORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 605 PUBLICATION AND PRINTING FILES 605-01 Proof of Publication CC C+2 GC 34090, CCP 343, 349 GC 911.2 Publication Approval, Proof of Publication 2016 and prior 68-92 GC3099 Permanent 606 EQUIPMENT LOG, SERVICE RECORDS and WORK ORDERS 606-01 Equipment Instruction and Information ALL C + 2 AD GC 34090 Equipment information pamphlets, books, manuals 2016 and prior after disposition 606-03 Equipment Service Records & Equipment Maintenance ALL i. C + 2 AD GC 34090 Service/Maintenance documentation, logs 2016 and prior after disposition 606-04 Work Orders and Service Requests PW C+2 GC 34090 Citizen Requests, Service Order Requests 2016 and prior 607 SERVICES CONTRACTED GG -34099 Permanent 607-02 Misc. Mechanics Lien & Stop Notices P GC 34090 Preliminary Notices. Stop Not r Permanent 700 LEGISLATIVE, ELECTIONS & LEGAL FILES 701 LEGISLATIVE FILES 701-02 City Council. Agency, Board. Commission & Committee Agendas CC P GC 34090 Agendas, staff reports, exhibits. departmental reports — Permanent 701-04 City Council Ordinances CC P GC 34090(e) Ordinances, exhibits, logs — Permanent - Originals may not be destroyed Exhibit A - I -' City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF PT_OF ORIGINATION- RECORD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 701-05 City Council. Agency, Board, Commission & Committee Resolutions CC P GC 34090(e) Resolutions, exhibits, logs Permanent - Originals may not be destroyed 701-09 Board, Committee, Commission & Agency Reference Papers. Applications, Appointments & Resignations CC P Successful 3 Unsuccessful GC 34090 Applications, correspondence Permanent successful ,' and prior unsuccessful 701-10 City Council, Agency, Board. Commission and Committee Minutes CC P GC 34090(e) nutes Permanent - Originals may not be destroyed 701-11 Federal & State Legislative Information & Correspondence CC P GC 34090 orrespondence Permanent 701-14 Municipal Code CC P GC 34090 Municipal Code Replace superseded pages: Code and Insertion Guides Permanent 701-16 Meeting Notices, Cancellation Notices & Public Hearing Notices CC C + 2 GC 34090 Signed notices, correspondence - and prior 701-17 Certificates, Presentations.Proclamations & Logs CC C+2 GC 34090 Certificates, presentations, proclamations, logs and prior 701-18 City Seal/Logo CC P GC 34090 Committee documents, seal, correspondence Permanent 701-19 City of Temecula Articles of Incorporation CC P GC 34090 LAFCO documents, county resolution, studies, exhibits Permanent 701 22 City Council Vacancies & History of Elected •"!:, Officials CC P GC 34090 List of elected/appointed officials Permanent Exhibit A - L1P,AC.1 City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0J January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION RECORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 702 ELECTION FILES _lection Reference Papers E i 2 GC -34090 2016 and prior 702 01 Oaths of Office TQC GC 34090, 29 USC 1113 Signed oaths Termination i 6 702-02 Election Historical/Operational Files CC P GC 34090 Primary/General election correspondence, publications, resolutions, results, etc. Permanent 702 03 - - - • - - - -- -_ GG -34090 -RQ-V-GeFtitisate-ef-Rosotts Permanent =lest -ion -Ballets- E i 6 m G 34099 EC 17302 . '• Ftestier+-+6-months --"- 702-06 Nomination Files CC E+8 EC 17100 Nomination Papers Election + 8 F:k:ct;o . N+S?F-;-ieai T I3�. g EG P anent -34099 702-08 Campaign Statements FPPC Form 400 Series & 501GC CC P/E + 5 81009 (b) GC 81009 (c) FPPC documents Elected - Permanent Non -Elected (Election + 5) - 2013 and prior Misc. Individuals/Committees (C + 7) — 0? i and prior (Must Retain in Paper Form for 2 Years) Exhibit A - 'DR.AFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0� January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DPT -Q -F ORIGINATION RECORD #OWER OFFICE OF RECORDCITATION RETENTION & LEGAL DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 702-10 Annexation, Consolidation & Boundary Files CC P GC 34090 (a) LAFCO documents, reports. s, recordedmaps, notice of intent, correspondence Permanent 702-11 Initiatives, Referendums and Recalls CC C + 2 GC 34090 Petition, correspondence, ballot turnin, ballot title, notice of intent 2016 and prior 702 12 • • - - - • "• GG C1=-i-8-aaenths EC 17200, 17100; GC 726&6 EC 11700 . • GC37-596 702-13 AB 1234 Ethics Training CC 5 ATR GC 53235.2 Certificate of Proof, Proof of Participation List 2014 and prior 703 LEGAL 703-01 Request for Records CC CL + 2 GC 34090 PRA Requests, correspondence, documents produced 2016 and prior after closed -;-G2 2e H!}2e Gatt+bititg-€ile, P GC 31090 Permanent 703-03 Litigation Against City CC. HR P GC 34090 Individual Working Files (Claim, Litigation Notices. Depositions, Case Status Reports) Permanent - Final documents transferred to City Clerk and retained with litigation file 703-06 Bankruptcy Filings/Foreclosure Notices CC RC+2 GC 34090 Notices Peri=+a++er14 2016 and prior 703-08 Subpoenas CC C+2 GC 34090 Subpoena, correspodence, log 2016 and prior 703-09 Litigation by City CC, HR P GC 34090 Individual Working Files (Claim, Litigation Notices. Depositions, Case Status Reports) Permanent - Final documents transferred to City Clerk and retained with litigation file Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT—OOF ORIGINATION RECORD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 704 LEGAL AFFAIRS FILES 704-02 Notice of Violation To Comply Files CE GC 34090 orrespondence. photos. citations. notices Per^... a„ent 2015 after settled 704 03 CC. CE R GC -34889 Perms 704-04 Affidavits Files CC CL + 5 GC 34090 Signed affidavits 2013 and prior 704-05 Judgment Files CC P GC 34090 Legal documents, correspondence Permanent 704-07 Statements of Economic InterestC FPPC Form 700C CC + 7 + 4 GC 81009(e)(f) (9) GC 87200 FPPC documents Employees & Non -Elected (C + 7) 2011 and prior; Elected (C + 4) 2014 and prior (Originals with FPPC) (Must Retain in Paper Form for 2 Years) 704-08 Conflict of Interest Code CC P GC 34090.7 Maps Permanent 704-09 Wage Garnishment & Levies FIN P GC 34090 Payroll employee garnishment information Permanent 704-10 Code Enforcement Citations/Liens CE, CC 3 AS/P GC 34090 Notice of Lein Citations after settled; liens permanent 704 12 City Attorney Correspondence (General) /Closed Session Materials ALL C + 2 GC 34090 Correspondence, exhibits, reports and prior Exhibit A t i City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0J January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION: RECORD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 704-13 Claims Against the City CC 3 AS GC 34090 Claim. exhibits. general correspondence 2015 and prior atter settled 704-15 Notary Public CC P GC 8209. GC34090(d) Notary Bond, Errors & Ommissions Policy Permanent 704-19 Miscellaneous Petitions/Protests (See 702-12 for election petitions) CC C+2 GC 34090, 50115 Petitions 2016 and prior 704-22 FPPC Form 800 Series CC C+7 GC 34090, GC 81009 FPPC documents, backupdocuments 2 0' and prior - Must retain paper form for 2 years 705 ASSESSMENT/SPECIAL DISTRICTS 705-01 Assessment/Special Districts P GC 34090 Reports, correspondence Permanent 705-05 Temecula Community Services District FIN P GC 34090 TCSD Levy Permanent 705-12 Industrial Development Authority (IDA) P GC 34090 IDA Levy Permanent 800 ENGINEERING, CONSTRUCTION, BUILDING AND CAPITAL PROJECTS 801 GENERAL ENGINEERING 801-03 Improvement Plans — Storm Drain PW P GC 34090 Plans. reports, studies, bonds, agreements, easements, legal descriptions Permanent 801-04 Improvement Plans — Street (All Weather Access) PW P GC 34090 Plans, reports, studies, bonds, agreements, easements, legal descriptions Permanent 801-05 Grading Plans PW P GC 34090 Plans, reports, studies, bonds, agreements, easements, legal descriptions Permanent Exhibit A City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0J January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION RECORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 802 ENGINEERING AND CONSTRUCTION PERMITS 802-02 Grading Permits PW P GC 34090 Plans, reports, studies, bonds, agreements. easements, legal descriptions Permanent 802-05 Encroachment Permits PW P GC 34090 Plans, reports, studies, bonds, agreements, easements, legal descriptions Permanent 802-07 Right of Entry CD. PW P GC 34090 Document files, court filings, noticing, correspondence Permanent 802-08 Flood Plain Development Permits PW P GC 34090 Plans, reports, studies, bonds, agreements, easements, legal descriptions Permanent 803 MAP FILES 803-01 Final Tract Maps PW P GC 34090 Plans. reports. studies. bonds. agreements, easements, legal descriptions Permanent 803-02 Final Parcel Maps PW P GC 34090 Plans. reports, studies, bonds. agreements, easements, legal descriptions Permanent 805 BUILDING PLANS, PERMITS AND SPECIFICATIONS 805 00 Reference Paperc R C.0-34090 805-01 Sewer Specifications CD P GC 34090 Procedures and policies Permanent 805-03 Landscape Specifications CD. PW P GC 34090 Procedures and policies Permanent 805-04 Regional Standard Drawings and Specifications for Public Works PW P GC 34090 Standard drawings, standard specifications. plans re orts,studies, calculations p Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY 0E -RT -OF OF ORIGINATION RECORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 805-06 Building Codes BS P GC 34090 Procedures and policies Permanent 805-07 Building Permits BS P GC 34090 Building permits, plans, applications, contact information and related permit documents Permanent For life of structure 805-08 Building Plans BS P GC 34090 H & S 19850 Architectural drawings, Tiltle 24's, Structural Permanent - For life of structureCalculations 806 CAPITAL PROJECTS 806-01 5 -Year Plan ALL P GC 34090 Project files, plans, report Permanent ROA -02 10 Year Plan P GC -34090 Permanent 806-03 P W...-34080 Permanent 806-04 Projects in Progress CM PW P GC 34090 Project files, documents, plans, specifications, reports, logs Permanent 806-05 Completed Projects PW P GC 34090 Project files, documents, plans, specifications, reports Permanent 807 INSPECTION FILES 807-01 Inspectors Daily Reports CD. PW P GC 34090 Inspection reports Permanent 807-02 Billboard and Sign Files CD P GC 34090 Building permits, plans, applications, contact information, related permit documents Permanent 807-03 Deputy Inspectors.City Fee Required CD P GC 34090 Contact information, fee information, reports Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0., January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION RECORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) R GC -34098 900 LABOR RELATIONS FILES 901-00 Labor Relations HR P GC 34090 Employee relations documentation Permanent 901-01 Meet and Confer HR P GC 34090 Negotiation, resolution documentation Permanent 901-02 Memorandum of Understanding, Management Compensation Plan HR P GC 34090 Employee MOU, Management Compensation PIS- Permanent 901-05 Bargaining Unit Organization Files HR P GC 34090 Bargaining Unit documentation Permanent 1000 RIGHT-OF-WAY, BOUNDARY AND PROPERTY FILES 1001 RIGHT-OF-WAY FILES 1001-01 Easements Granted BY City CC P GC 34090 Deeds, agreements, grants, legal description Permanent 1001-02 Easements Granted BY County CC P GC 34090 Deeds, agreements, grants, legal description Permanent 1001-03 Irrevocable Offers of Dedication (I.O.D.) CC P GC 34090 DD. legal desription Permanent 1001-04 Encroachment Files P GC 34090 Agreements Permanent 1001-05 Quitclaims CC P GC 34090 Quitclaim Deed Permanent Exhibit A - DRA,1 City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0J January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DE -RT -OF ORIGINATION RECORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1001-06 Easement Grant TO City CC P GC 34090 Deeds, agreements, grants, legal description Permanent 1002 PROPERTY FILES 1002-01 Property Acquisition Files CC P GC 34090 Grant Deeds, agreements Permanent 1002-02 Property Lease Files CC P GC 34090 Lease agreements Permanent 1002-03 Property Sale Files CC P GC 34090 Agreements, escrow documents, correspondence Permanent P GG -34098 1002-06 Vacations CC P GC 34090 Recorded resolution, reports Permanent 1002-07 Annexations CC, CD, CM P GC 34090 Project files, applications, notices, correspondence related to project, tans, etc. P 1 P Permanent 1002-08 Property Management CC P GC 34090 Recorded resolution, reports Permanent 1002-10 Eminent Domain Acquisition CC P GC 34090 Final Order of Condemnation, deeds Permanent 1002-11 Appraisals CC P GC 34090 Reports Permanent 1003 BOUNDARY FILES 1003-01 Boundary Description CD P GC 34090 Project files, applications, notices, correspondence related to project, plans, etc. Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT—OF ORIGINATION RECORD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1003 02 Sphere of Influence CO P GC 34090 Project files, applications, notices, correspondence related to project, plans. etc. Permanent 1100 PUBLIC SERVICES AND PUBLIC RELATIONS 1110 STREET MAINTENANCE AND IMPROVEMENT FILES 1110-01 Street Improvement PW P GC 34090 Plans, reports, studies, bonds, agreements easements, legal descriptions Permanent 1110-02 Off -Site Plans (Ramps, Sidewalks, Curbs, etc.) PW P GC 34090 Plans. reports, studies, bonds, agreements, easements, legal descriptions Permanent 1110-03 Bridges PW P GC 34090 Plans. reports, studies, bonds, agreements. easements, legal descriptions Permanent 1110-04 Street Planning PW P GC 34090 Plans, reports, studies, bonds, agreements, easements, legal descriptions Permanent 1110-05 Street Maintenance and Repairs PW P GC 34090 Maintenance and inventory records Permanent 1110-06 Striping (Crosswalks, Bike Lanes, etc.) PW P GC 34090 Plans, reports, studies, bonds, agreements, easements, legal descriptions Permanent 1110-07 Street Names and Signs PW P GC 34090 GIS data base, street sign inventory Permanent 1110-08 Street Furniture (Bus Benches, etc.) PW P GC 34090 Street maintenance/inventory records Permanent 1110-09 State Highways & Freeways PW P GC 34090 Plans, reports, studies, bonds, agreements, easements, legal descriptions Permanent 1110-10 Street Inventory PW, ITSS P GC 34090 GIS data base Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0� January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION: RECORD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1110-11 Medians PW, ITSS P GC 34090 GIS data base, maintenance/inventory records Permanent 1110-12 Slopes PW, ITSS P GC 34090 GIS data base, maintenance/inventory records Permanent 1110-13 Street Numbering & Naming CD P GC 34090 GIS data base, lists, maps Permanent 1110-14 Detour Plans PW P GC 34090 Plans, reports, studies, bonds, agreements, easements, legal descriptions Permanent 1120 STREET LIGHTING FILES 1120 01 Street Lighting Assessment Files PW P GC -34090 Permanent 1120-02 Street Lighting Maintenance Files 1 PW C + 2 GC 34090 Service Order Requests (SOR's) and SCE maintenance 2016 and prior - Originals are sent to SCE 1120 03 Street Lighting Information & Reference Papers R GC 31090 Permanent 1130 SPECIAL SERVICES FILES 1130-01 Volunteer Program Applications (Community Service, etc.) CSD C + 2 GC 34090 Applications 2016 andrior p 1130 02 "- C 12 GC 31090 2016 and prior .. . ..e.- . . 1130 03 C 2 2016 a+a��Fisr i GC 34090 1130-04 Special Events Permits CSD C+2 GC 34090 Permits 2016 and prior Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION RECORD- HOkO€R OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1141 SPECIAL STUDIES FILES 1141-01 Flood Control Studies PW P GC 34090 Plans, reports, studies, easements, legal descriptions Permanent 1141-02 Demographic & Statistical Studies ED P GC 34090 Studies, supporting documents Permanent 1111 03 R GC 31090 Pcrmancnt 1111 04 Wate t yes GC 34090 Permanent 4-143-06 Capital Improvement Studico R GC -34090 1141 07 R GS -34090 Permaner4 1141 08 Parking Studies R GC 31090 Permanent 1141 00 Recoarch and Studies: Genoral R G0-34090 Permanent 1150 ANIMAL CONTROL FILES 1150-01 Animal Control Correspondence CE C+2 GC 34090 Code cases, reports, correspondence, noticing 2016 and prior 1160 TRAFFIC CONTROL AND PARKING 1160-01 Traffic Control Files PW P GC 34090 Plans, reports, studies, bonds, agreements, easements, legal descriptions Permanent 1160-02 Traffic Studies and Surveys PW C + 2 GC 34090 Plans, reports, studies, bonds, agreements, easements, legal descriptions 2016 and prior Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT OF ORIGINATION RECORD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1160-04 Traffic Requests — Public Inquiry PW P GC 34090 Plans. reports, studies. bonds, agreements, easements, legal descriptions Permanent 1160-06 Traffic Consultants PW C + 5 GC 34090 Plans, reports, studies, bonds. agreements, easements, legal descriptions 2013 and prior 1161 TRAFFIC MAPS 1161 01 ____ _. _ _ _ _ _ G -CP -34090 - - - • - - - - - , 12 Permanent 1161-02 Street Maps ITSS/PW GC 34090 GIS data base. street improvement plans Permanent 1161-03 Speed Survey PW P GC 34090 Traffic documents, reports, studies Permanent 1162 TRAFFIC SIGNAL FILES 1162-01 Traffic Signals ITSS, PW L GC 34090 GIS data base, traffic signal plans Life 1162-02 Traffic Signal Maintenance PW L GC 34090 Reports, service maintenance records, PM, Service Order Requests Life 1463 PARKING -FILES 116301 - -• _ -e.. GC 34090 i i ,ice .coaeedea 1163 02 Curb Zone Filos (Rod, Greon, Striping, 1 GC -34090 Until_Supersecled otc.} 1163 03 00 Street Parking t -S GC 3'1090 O#it_Superseded Exhibit A - DRJ a City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0 January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION RECORD MOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1170 SAN . .. -•.•,,.-. 1170 01 Sower Servces, General US Unt4-Superseded GC 34090 1170 02 Deposits, Refunds and Ratos IIS Until -Superseded GC 34090 117003 _. - - ••• -- US GC 34090 Until -Superseded 1170 04 -e . - . _ •• - • IIS Until Superseded GC -34090 11700E ._ __ - ._ _ US Until -superseded GC 34090 I-170-06 Sept -is -System US Until -Superseded GC -34098 1170 07 US Until -Superseded GC -34090 1170 08 _ .. • - . . .. US GC 34090 1170-09 Storm Drains and Flood Control CC US Until Superseded GC 34090 - ! Sewer Facilities US Until -Superseded GC -34090 117n-11 - US GG -34000 1 t4 St+perseded Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION; RECORD- HOLDER OFFICE OF RECORDCITATION RETENTION & LEGAL DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) US GC 34090 .,at+4eded lS FG 34098 Until -Superseded 1180 PUBLIC RELATIONS FILES 1180-01 Public Relations Reference Papers ALL P GC 34090 'ublic relations reference documents Permanent 1180 02 NeC wskppings C 2 2016 and prior I GC 31090 1180-03 Public Inquiry and Complaints (Except Consumer) ALL C+2 GC 34090, 945.6 CCP 338, 342 2016 and prior 1180-04 Press Releases CM C+2 GC 34090 Press releases - and prior 1180 05 Community Rclations R GG -34090 P Daae t 1180-06 Public Ceremony Files CM P GC 34090 Agendas, outlines Permanent 1180-08 Public Questionnaires/Surveys CM, CSD C + 2 GC 34090 Surveys, summaries 2016 and prior 1180-09 Municipal Newsletter CM P GC 34090 Newsletters Permanent 1180-10 Donations TO the City CC P GC 34090 Listings of donated items Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGENATIONI- RECORD-- HOLDER OFFICE OF RECORDCITATION RETENTION & LEGAL DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1180-11 Organizations and Clubs, General CM, CSD C+2 GC 34090 General correspoondence ' and prior 1180-12 Community Education CSD C+2 GC 34090 Copies of print colateral, media files 2016 and prior 1180-13 Special Events CM, CSD C+2 GC 34090 ' Press releases, permits, supporting documentation 2016 and prior 1180-14 City Promotional Campaign CM, CSD C+2 GC 34090 Press releases, collateral 2016 and prior 1180 15 GM P GC 31090 Permanent 1180-16 Sister City Program CM, CSD P GC 34090 Letters, itnerary Permanent 1180 17 Flags and Emblem& CM P GC -34090 Permanent 1180-18 City Publications & Brochures ALL US+2 GC 34090 Until Superseded + 2 1180 19 Phetegraphs ALL P GC -34090 Photographs 1180-20 Speeches CM P GC 34090 Speech outlines Permanent 1200 PUBLIC UTILITIES, COMMUNICATIONS, AND TRANSPORTION FILES 4204 GENERAL--UTILITIES-RILES 1201-01 Public Utilities Commission CC P GC 34090 Agreement Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0 January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION/ RECORD- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) P CC 31090 Rermafleat 1202 GAS AND ELECTRIC FILES 1202-01 Franchise Files CC P GC 34090 Franchise documentation Permanent 1202 02 - U GC 2816aad grief ... . . —e .. . 1202-03 Easements Granted TO Southern California Edison P GC 34090 Permanent 1203 RADIO FILES 1203-01 Radio Station License CC AE + 2 GC 34090 License AE + 2 1205 TELEPHONE FILES 1205-01 General Telephone ITSS C+2 GC 34090 2016 and prior 1205-02 Cellular Telephone ITSS C+2 GC 34090 2016 and prior 1205-04 Communication Facilities ITSS C+2 GC 34090 2016 and prior 1206 CABLE TELEVISION FILES 1206-01 Cable TV Reference Papers ITSS C+2 GC 34090 2016 and prior 1206-02 Cable TV Franchise ITSS P GC 34090 Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION RECORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1207 TRANSPORTATION FILES C 2 204 -brand -prier 1 GC 31090 1207-05 Regional Issues C+2 GC 34090 Meeting agendas 2016 and prior 1300 PUBLIC SAFETY FILES 1301 PUBLIC SAFETY 1301-01 Law Enforcement CM C + 2 GC 34090 Law enforcement documentation and prior 1301-02 Public Safety, General CD, CM C+2 GC 34090 ode cases, reports, correspondence, noticing 2016 and prior 1301-06 Vehicle Code Enforcement CD. CM C+2 GC 34090 ode cases, reports, correspondence, noticing 2016 and prior 1-30-1--07 C 2 i GC 31090 1301-08 Abandoned Vehicles & Houses CD C + 2 GC 34090 AVA Quarterly Reports. reimbursement documents, correspondence, noticing 2016 and prior 1301-13 Border Patrol CC, CM C+2 GC 34090 2016 and prior 1302 FIRE DEPARTMENT 1302-06 Fire Department Facilities FP P GC 34090 Project files, applications, notices, correspondence related to project, plans, etc. P 1 Permanent 1302 08 Fire Permit Files FP P GC 34090 Project files, applications, notices, correspondence related to project, plans. etc. P J Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0J January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION, RECORD. HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1400 PARKS, RECREATION, ENVIRONMENTAL AND EDUCATION FILES 1401 PARKS AND FACILITIES 1401-00 Community Service Rules & Regulations (Council Adopted) CSD P GC 34090 Ordinances, resolutions Permanent 1401-01 City Facilities ----,-a Pa s Reports, Studies & Regulations CSD P GC 34090 Reports, studies, summaries Permanent 1401-1 p Recreation Forms (Activity Registrations, Park/Facility Rentals, Sign -In Sheets, Rosters, etc.) CSD C + 2 GC 34090 Forms. rosters 2016 and prior 1402 CULTURAL RECREATION FILES 1403 ENVIRONMENTAL FILES 1403-01 Community Design Manual CD P GC 34090 Permanent 1403-02 Proposed Landscaping Guidelines CD P GC 34090 Guidelines Permanent 1403-03 Air Pollution/Air Element CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-04 Archaeological Surveys CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-06 Weed Abatement CD CL + 2 GC 34090 Liens, correspondence, noticing, demands for payment, invoices, photos, weed abatement code cases, City Council lien approvals ' _ and prior after closed 1403-07 Resource Conservation Areas CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-08 Energy Conservation CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0_, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION/- RECORD- SOLDER OFFICE OF RECORD RETENTION & LEGAL r CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1403-09 City -Wide Clean-up Campaigns CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-10 Noise Pollution CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-11 Tree Trimming and Removal PW P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-12 Recycling CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-13 Safe Drinking Water Act CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-14 Congestion Management CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-15 Stephen's Kangaroo Rat Mitigation CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-16 Multi -Species Habitat Conservation Plan CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-17 CEQA CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-18 Landfills CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-19 Erosion Control Plans CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-20 Earthquake Standards/Hazardous Buildings CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0� January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DE -T -OF ORIGINATION RE -CORD HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1403-21 Mining Projects CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-22 Federal Endangered Species Act (FESA) CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-23 Santa Ana Watershed Project Authority CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1403-24 Environmental Pests CD P GC 34090 Reports, studies, surveys, environmenal documents Permanent 1405 EDUCATION FILES 1405-01 Temecula Valley Unified School District CM C+2 GC 34090 General correspondence 2016 and prior 1405-02 Universities, College & Higher Education CM C+2 GC 34090 General correspondence 2016 and prior 1405-03 Charter, Private, Public & Christian Schools CM C+2 GC 34090 General correspondence 2016 and prior 140-5-04 High Scheels GC -34098 1500 GOVERNMENT ORGANIZATIONS AND OFFICES: INTERNATIONAL, NATIONAL AND LOCAL 1500-01 International, National and Local Government Organizations & Offices ALL C + 2 GC 34090 General correspondence 2016 and prior 1501 UNITED STATES OFFICES AND ORGANIZATIONS 1501-01 United States Offices & Organizations ALL C+2 GC 34090 General correspondence 2016 and prior Exhibit A - DRAFT City of Temecula Uniform Filing System Guide Records Retention Schedule Adopted by City Council Resolution No. 19-0, January 8, 2019 SERIES FILE NUMBER RECORD CATEGORY DEPT -OF ORIGINATION RECOR9- HOLDER OFFICE OF RECORD RETENTION & LEGAL CITATION DOCUMENT/RECORD TYPE(S) RETENTION & APPROVED DESTRUCTION DATES OF RECORDS (Updated each January) 1502 CALIFORNIA OFFICES AND ORGANIZATIONS 1502-01 California Offices & Organizations ALL C+2 GC 34090 General correspondence 2016 and prior 1503 REGIONAL ORGANIZATIONS 1503-01 Regional Organizations ALL C+2 GC 34090 General correspondence 2016 and prior 1504 RIVERSIDE COUNTY FILES 1504-01 Riverside County Offices ALL C+2 GC 34090 eneral correspondence 2016 and prior Legends: AA AC AD AE AS AT ATR CL C D/NR E L M P S T UD US After Audit After Closed After Disposition After Expireation After Settlement After Termination After Training Closed Current Destroy When No Longer Relevant Election Life Maturity Permanent Separation Term Until Disposed Until Superseded Departments: City Wide City Clerk City Manager Community Development Community Services Department Finance Fire Prevention Human Resources/Risk Mgmt Information Technology Support Srvs Public Works ALL CC CM CD CSD FIN FP HR ITSS PW In accordance with the City of Temecula Records Retention Schedule approved by City Council (CC Resolution No. 19 - _ ), the City records, documents, instruments, books or papers, described and listed above, have reached or exceeded the legal retention period, are permanently imaged, do not have a litigation hold, and are otherwise no longer required to be retained by the City. The department records are retained in accordance with applicable federal and state laws as set forth in the City of Temecula's current retention schedule. In accordance with the City's Records Management Program, with the consent of the Department Head, and upon written approval of the City Clerk and the City Attorney, these records will be properly destroyed or disposed of. RECORDS WITH A PERMANENT RETENTION: Authorization to destroy permanent records after imaging as listed on the current retention schedule: (Historical documents, vital records, documents involved in litigation or pending audit will not be destroyed). V Imaging and indexing of these records have been quality checked V Images have been stored in the City's Imaging System V The imaged record becomes the official original record of the City and will be held in accordance of the City's Retention Schedule DEPARTMENT DIRECTOR APPROVAL: Signature Aaron Adams, City Manager Kevin Hawkins, Community Services Director Jennifer Hennessey, Finance Director Patrick Thomas, Director of Public Works/City Engineer Luke Watson, Community Development Director Issac Garibay, Human Resources Manager Michael Heslin, Director of Information Technology/Support Services CITY ATTORNEY/CITY CLERK APPROVAL: Signature Date Randi Johl, City Clerk Peter Thorson, City Attorney I hereby certify that the records described above have been destroyed in accordance with the City's current Retention Schedule. Records were destroyed by a third party vendor and the Certificate of Destruction is attached. DESTRUCTION COMPLETED BY: Signature Gwyn Flores, Records Manager Date Item No. 10 City Attorney Director of Finance CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 8, 2019 SUBJECT: Authorize the Mayor to Execute the Amendment to the Joint Powers Agreement of the Western Riverside Council of Governments (WRCOG) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council authorize the Mayor to execute the amendment to the Joint Powers Agreement of the Western Riverside Council of Governments (WRCOG). BACKGROUND: The City of Temecula, along with other member cities of WRCOG. are being asked to ratify an amendment to the Joint Powers Agreement (JPA). On November 5, 2018, the WRCOG Executive Committee took action to amend the JPA as follows: 1. Sections 2.12, 3.1 and 4.5 of the Agreement updates the JPA to formally recognize that the Treasurer/Auditor of WRCOG is a WRCOG employee appointed pursuant to Section 6505.6 of the Government Code. 2. Section 2.12 formally adds the position of a Second Vice -Chair to the JPA. Currently the Second Vice -Chair position is only listed in the Bylaws. 3. Section 2.4 of the Agreement rewords the language establishing the membership of the General Assembly and Executive Committee to more clearly set forth the voting membership of each Committee. The changes do not impact the current process used by WRCOG. Pursuant to the direction of WRCOG's Administration and Finance Committee, the process for appointing Executive Committee alternates for the Board of Supervisors has not been revised. 4. Section 2.15 clarifies the bond requirements for WRCOG committee members. 5. Section 2.13 clarifies that the attendance of Executive Committee members at a standing meeting is subject to the Brown Act. While the changes are more technical and housekeeping in nature, the amendment still requires the approval and signatures of at least two-thirds of the member jurisdictions. Should the City Council approve the item, staff will facilitate the full execution of said amendment. FISCAL IMPACT: None ATTACHMENTS: WRCOG Bylaw Amendment Attachment Item 5.0 Western Riverside Council of Governments Executive Committee Staff Report Subject: Update to WRCOG JPA and Bylaws Contact: Christopher Gray, Director of Transportation, cgrav(a.wrcoq.us, (951) 405-6710 Date: November 5, 2018 The purpose of this item is to present an updated version of the WRCOG Joint Powers Agreement (JPA) and Bylaws. These updates were made based on direction at a previous Administration & Finance Committee meeting to prepare this comprehensive update, and incorporates a variety of changes, mostly minor in nature, based on staff and legal counsel review. Requested Actions: 1. Adopt WRCOG Resolution Number 43-18; A Resolution of the Executive Committee of the Western Riverside Council of Governments Amending its Bylaws Making a Series of Technical Changes. 2. Direct WRCOG to forward the JPA Amendment to WRCOG member agencies for their approval. Earlier in 2018, WRCOG was asked by several members of the Executive Committee to research and recommend potential options related to the appointment of alternates for the Board of Supervisors. This topic was discussed at the April 11th and June 13th Administration & Finance Committee meetings. During the course of these discussions, the issue of a larger update to the WRCOG JPA and Bylaws was also discussed. It was determined that it would be appropriate to conduct a comprehensive review of both documents as a significant period of time had lapsed (over five years) since the last comprehensive update of these documents. The items for consideration today are the result of a comprehensive review of both documents by staff and legal counsel. While numerous changes are recommended, many of these changes reflect minor word changes and/or corrections, or address other minor issues. Red -line versions of both documents are attached to this staff report as a reference. To facilitate review, staff has identified noteworthy changes to the JPA and Bylaws which are discussed below. Joint Powers Agreement Changes 1. Sections 2.12, 3.1 and 4.5 of the Agreement updates the JPA to formally recognize that the Treasurer / Auditor of WRCOG is a WRCOG employee appointed pursuant to Section 6505.6 of the Government Code. The language in the current agreement includes outdated language referencing the County Treasurer. 2. Section 2.12 formally adds the position of a Second Vice -Chair to the JPA. Currently the Second Vice - Chair is only listed in the Bylaws. 3. Section 2.4 of the Agreement rewords the language establishing the membership of the General Assembly and Executive Committee to more clearly set forth the voting membership of each Committee. The changes do not impact the current process used by WRCOG. Pursuant to the direction of the Administration & Finance Committee, the process for appointing Executive Committee alternates for the Board of Supervisors has not been revised. 4. Section 2.15 clarifies the bond requirements for WRCOG Committee members. 5. Section 2.13 clarifies that the attendance of Executive Committee members at a standing meeting is subject to the Brown Act. Bylaws Changes 1. Article I expressly clarifies the relationship between the JPA and Bylaws. 2. Article II, Section 2.F specifically empowers the Chair to create and appoint ad hoc committees and members in accordance with WRCOG's standard practices. 3. Article III, Section 5, Article IV, Section 1.D, and Article IV, Section 2.D, adds language making the Bylaws consistent with the JPA in respect to which agencies can vote on TUMF matters. Staff also wants to highlight areas where changes were not made to either documents. At previous meetings of the Administration & Finance Committee, there have been extended discussions regarding member representation of the Executive Committee. The first issue concerns the topic of alternates for the Riverside County Board of Supervisors. Staff previously presented several options for consideration and discussion. Specific direction was provided at the June 13, 2018, meeting to not implement any changes and to maintain the current process for alternates for the Board of Supervisors. The second issue relates to appointments by member cities to the Executive Committee. Staff and legal counsel also reviewed the overall language in the Bylaws related to the appointment of members to the Executive Committee, which currently states: "The Executive Committee will be composed of the Mayor from each of the member cities, four members of the Riverside County Board of Supervisors, the President of each water district, and the Tribal Chairman of the Morongo Band of Mission Indians. Any City Council, at its discretion, can appoint a Mayor Pro Tem or other City Council member in place of the Mayor. Each water district Board, at its discretion, can appoint another Board member in place of the President. The Tribal Council of the Morongo Band of Mission Indians, at its discretion, can appoint another Tribal Council member in place of the Tribal Chairman." The Administration & Finance Committee centered discussions on whether this section created a potential conflict by noting that the Mayor from any member City was the member of the Executive Committee and then noting that the City Council could appoint a representative in place of the Mayor. Staff and legal counsel reviewed this section and determined that the language seems to clearly note that each City shall have the discretion to establish a process to appoint its own representatives to the Executive Committee. Therefore, no changes were made to the Bylaws related to this item. Implementation Approval of the Bylaws requires action by the Executive Committee. Once approved, the Bylaws changes take effect immediately. The updated Bylaws will also be brought forward for approval by the WRCOG General Assembly in 2019; however, this approval is a formality as the changes become effective once the Executive Committee acts on them. The process to approve the updated JPA is more involved. As with the Bylaws, formal action of the Executive Committee is first required. The updated JPA must then be approved by 2/3 of WRCOG member agencies to take effect. Once 2/3 of WRCOG member agencies have approved these changes, the changes become effective. If directed to do so by the Executive Committee, staff will work with each member agency to secure their approval of the updated JPA. Prior Actions: October 10, 2018: The Administration & Finance Committee recommended that the Executive Committee 1) approve the updated Bylaws; 2) approve the updated JPA; and 3) direct WRCOG to forward the updated JPA to WRCOG member agencies for their approval. June 13, 2018: The Administration & Finance Committee directed staff to prepare a comprehensive review of the JPA and Bylaws. April 11, 2018: The Administration & Finance Committee directed staff to return with options for future consideration and discussion regarding an alternate policy. Fiscal Impact: This item is for informational purposes only; therefore, there is no fiscal impact. Attachments: 1. Redlined Joint Powers Agreement of the Western Riverside Council of Governments. 2. Bylaws for the Western Riverside Council of Governments. 3. WRCOG Resolution Number 43-18; A Resolution of the Executive Committee of the Western Riverside Council of Governments Amending the WRCOG Bylaws. Item 5.0 Update to WRCOG JPA and Bylaws Attachment 1 Redlined Joint Powers Agreement of the Western Riverside Council of Governments Updated through June 22XXXXXXXX, 20172018 Revised JOINT POWERS AGREEMENT OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS This Agreement is made and entered into on the 1st day of April, 1991, pursuant to Government Code Section 6500 et. seq. and other pertinent provisions of law, by and between six or more of the cities located within Western Riverside County and the County of Riverside. RECITALS A. Each member and party to this Agreement is a governmental entity established by law with full powers of government in legislative, administrative, financial, and other related fields. B. The purpose of the formation is to provide an agency to conduct studies and projects designed to improve and coordinate the common governmental responsibilities and services on an area -wide and regional basis through the establishment of an association of governments. The Council will explore areas of inter- governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern. C. When authorized pursuant to an Implementation Agreement, the Council shall manage and administer thereunder. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: 20323.00002\1494125.1 1 1494125.17 PURPOSE AND POWERS 1.1 Agency Created. There is hereby created a public entity to be known as the "Western Riverside Council of Governments" ("WRCOG" or "the Council). WRCOG is formed by this Agreement pursuant to the provision of Government Code Section 6500 et. seq. and other pertinent provision of law. WRCOG shall be a public entity separate from the parties hereto. 1.2 Powers. 1.2.1. WRCOG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. Among other functions, WRCOG shall: a. Serve as a forum for consideration, study and recommendation on area -wide and regional problems; b. Assemble information helpful in the consideration of problems peculiar to Western Riverside County; c. Explore practical avenues for intergovernmental cooperation, coordination and action in the interest of local public welfare and means of improvements in the administration of governmental services; and d. Serve as the clearinghouse review body for Federally -funded projects in accordance with Circular A-95 in conjunction with the Southern California Association of Governments. 2 20323.00002\1494125.17 1.2.2. The Council shall have the power in its own name to do any of the following; a. When necessary for the day to day operation of the Council, to make and enter into contracts; b. To contract for the services of engineers, attorneys, planners, financial consultants and separate and apart therefrom to employ such other persons, as it deems necessary; c. To apply for an appropriate grant or grants under any federal, state, or local programs. d. To receive gifts, contributions and donations of property, funds, services and other forms of financial assistance from persons, firms, corporations and any governmental entity; e. To lease, acquire, construct, manage, maintain, and operate any buildings, works, or improvements; f. To delegate some or all of its powers to the Executive Committee and the Executive Director of the Council as hereinafter provided. 1.2.3 The association shall have the power in its own name, only with the approval of all affected member agencies to a. Acquire, hold and dispose of property by eminent domain, lease, lease purchase or sale. b. To incur debts, liabilities, obligations, and issue bonds; II. ORGANIZATION OF COUNCIL 3 20323.00002\1494125.17 2.1 Parties. The parties to WRCOG shall be the County of Riverside and each city located within Western Riverside County which has executed or hereafter executes this Agreement, or any addenda, amendment, or supplement theretoheret.. and agrees to cud' become a member upon such terms and conditions as established by the General councitAssembt or Executive Committee, and which has not, pursuant to provisions hereof, withdrawn therefromherefrom (the "Member Agencies"). Only the parties identified in this section and Associate Members approved under section 8.2 of this Agreement, if any, shall be considered contracting parties to this Agreement under Government Code section 6502, provided that the rights of any Associate Member under this Agreement shall be limited solely those rights expressly set forth in a PACE Agreement authorized in section 8.2 of this Agreement. 2.2 Names. The names, particular capacities and addresses of the parties at any time shall be shown on Exhibit "A" attached hereto, as amended or supplemented from time to time by the Executive Director. If the Executive Director amends or supplements Exhibit "A", a copy of the revised Exhibit "A" shall be provided to the members. 2.3 Duties. WRCOG shall do whatever is necessary and required to carry out the purposes of this Agreement and when authorized by an Implementation Agreement pursuant to section 1.2.3 as appropriate, to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such agreement, 4 20323.00002\1494125.17 within the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California. 2.4 Governing Body. 2.4.1. WRCOG shall be governed by a General Assembly with membership consisting of the appropriate representatives from the County of Riverside, each city which is a signatory to this Agreement, the Western Municipal Water District, the Eastern Municipal Water District, and the Morongo Band of Mission Indians ("Morongo") (collectively, the General Assembly scheduled in the evening. EachMember Agencies"). Each General Assembly Member Agency of the General Assembly shall have one vote for each mayor, council member, county supervisor, water district board member, and tribal council member present at the General Assembly. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority of the total authorized representatives, provided that - - • . - - voting representatives of a majority of the General Assembly Member Agencies are present. The General Assembly shall adopt and amend by-laws for the administration and management of this Agreement, which when adopted and approved shall be an integral part of this Agreement. Such by-laws may provide for the management and administration of this Agreement. The General Assembly shall meet at least once annually. preferably scheduled in the evening. 2.4.2. There shall be an Executive Committee which exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the Mayor from each of the member cities, four members 5 20323.00002\1494125.17 of the Riverside County Board of Supervisors, the President of each Water District, and the Tribal Chairman of Morongo; ithe remaining member of the Board of Supervisors • - - - - - - - • - -, - - = - - "ExecutiveCommitteeMembers"l Each City Council, at its discretion, can appoint aits Mayor Pro Tem or other City Council member in place of the Mayor Each water district board, at its discretion, can appoint another Board member in place of the President The Tribal Council of Morongo, at its discretion, can appoint another Tribal Council member in place of the Tribal Chairman. The Executive Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the member agencic&Executive Committee Members. Membership of Morongo on the General Assembly and Executive Committee of WRCOG shall be conditioned on Morongo entering into a separate Memorandum of Understanding with WRCOG. 2.4.3. Each member of the General Assembly and the Executive Committee shall be a current member of the legislative body such member represents. 2.4.4. Each Executive Committee Member shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents The remaining member of the Board of Supervisors shall serve as an alternate for the Board of Supervisors. The name of the alternate members shall be on file with the Executive Committee. In the absence of the regular member from an agency, the alternate member from such agency shall assume all rights and duties of the absent regular member. 2.5 Executive Director. 6 20323.00002\1494125.17 The Executive Director shall be the chief administrative officer of the Council. He shall receive such compensation as may be fixed by the Executive Committee. The powers and duties of the Executive Director shall be subject to the authority of the Executive Committee and include the following: a. To appoint, direct and remove employees of the Council. b. Annually to prepare and present a proposed budget to the Executive Committee and General Assembly. c. Serve as Secretary of the mil General Assembly and of the Executive Committee. d. To attend meetings of the general Assembly anc Executive Committee. e. To perform such other and additional duties as the Executive Committee may require. 2.6 Principal Office. The principal office of WRCOG shall be established by the Executive Committee and shall be located within Western Riverside County. The Executive Committee is hereby granted full power and authority to change said principal office from one location to another within Western Riverside County. Any change shall be noted by the Secretary under this section but shall not be considered an amendment to this Agreement. 2.7 Meetings. The Executive Committee shall meet at the principal office of the agency or at such other place as may be designated by the Executive Committee. The time and place of regular meetings of the Executive Committee shall be determined by 7 20323.00002\1494125.17 resolution adopted by the Executive Committee; a copy of such resolution shall be furnished to each party hereto. Regular, adjourned and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et. seq., as it may be amended. 2.8 Powers and Limitations of the Executive Committee. Unless otherwise provided herein, each Member or participating alternate of the Executive Committee shall be entitled to one vote, and a vote of the majority of those present and qualified to vote constituting a quorum may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the Council. 2.9 Minutes. The secretary of the Council shall cause to be kept minutes of regular adjourned regular and special meetings of the General Assembly and Executive Committee, and shall cause a copy of the minutes to be forwarded to each member to each of the members hereto. 2.10 Rules. The Executive Committee may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this Agreement or any Implementation Agreement. 2.11 Vote or Assent of Members. The vote, assent or approval of the members in any manner as may be required hereunder shall be evidenced by a certified copy of the action of the governing 8 20323.00002\1494125.17 body of such party filed with the Council. It shall be the responsibility of the Executive Director to obtain certified copies of said actions. 2.12 Officers. There shall be selected from the membership of the Executive Committee, a chairperson and a secona vice chairperson. The Executive Director shall be the secretary. The Treasurer of the County of Riverside shall be the Treasurer of the Council and the Controller or Auditor of the County of Riverside shall be the Auditor of the Council. Such personsand the Auditor shall be appointed by the Executive Director and must be officers or employees of WRCOG. The Executive Director may appoint a single officer or employee of WRCOG to serve in both the Treasurer and Auditor positions. Such person(s) shall possess the powers of, and shall perform the treasurer and auditor functions respectively, for WRCOG and perform those functions required of them by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto. The chairperson vice chairperson and second vice chairperson shall hold office for a period of one year commencing July 1st of each and every fiscal year, from the date of appointment to June 30th of the ensuing fiscal yearat the close of the General Assembly meeting of their election, and ending one year thereafter, or until his or her successor is elected. Except for the Executive Director, any officer, employee, or agent of the Executive Committee may also be an officer, employee, or agent of any of 9 20323.00002\1494125.17 the members. The appointment by the Executive Committee of such a person shall be evidence that the two positions are compatible. 2.13 Committees. The Executive Committee may, as it deems appropriate, appeintestablish committees to accomplish the purposes set forth herein. All standing committee meetings of WRCOG, including those of the Executive Committee, shall be open to all Executive Committee Members- in accordance with the Brown Act 2.14 Additional Officers and Employees. The Executive Committee shall have the power to authorize such additional officers and assistantsemployees as may be appropriate. Such officers and individual members 2.15 Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of WRCOG shall be the memoers of the Executive Committee, the Treasurer, the Executive Director, and any other officers or persons to be designated or empowered by the Executive Committee. Each such officer or person shall be required to file an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of WRCOG. 2.16 Status of Officers and Employees. 10 20323.00002\1494125.17 All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees of any of the members when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Executive Committee shall be deemed, by reason of their employment by the Executive Committee, to be employed by any of the members or, by reason of their employment by the Executive Committee, to be subject to any of the requirements of such members. 2.17 Restrictions. Pursuant to Government Code Section 6509, for the purposes of determining the restrictions to be imposed by the Council in its exercise of the above-described joint powers, reference shall be made to, and the Council shall observe, the restrictions imposed by state law upon the County of Riverside. 2.18 TUMF Matters — Water Districts and Morongo. Pursuant to this Joint Powers Agreement, WRCOG administers the Transportation Mitigation Fee ("TUMF") for cities in Western Riverside County. The fee was established prior to the Water District's and Morongo's involvement with WRCOG and will fund transportation improvements for the benefit of the County of Riverside and the cities in Western Riverside County. As such, the Western Municipal Water District, the Eastern Municipal Water District, and Morongo General Assembly and Executive 11 20323.00002\1494125.17 Committee Members shall not vote on any matter related to the administration of the TUMF program or the expenditure of TUMF revenues. III FUNDS AND PROPERTY 3.1 Treasurer. Treasurer th Treasurer for The Treasurer of the Council shall have custody of all funds and shall provide for strict accountability thereof in accordance with Government Code Section 6505.5 and other applicable laws of the State of California. He or she shall perform all of the duties required in Government Code Section 6505 and such other duties as may be prescribed by the Executive Committee. 3.2. Expenditure of Funds. The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accounting practices shall be used to account for all funds received and disbursed. 3.3. Fiscal Year. WRCOG shall be operated on a fiscal year basis, beginning on July 1 of each year and continuing until June 30 of the succeeding year. Prior to July 1 of each year, the General Assembly shall adopt a final budget for the expenditures of WRCOG during the following fiscal Year. 3.4. Contributions/Public Funds. 12 20323.00002\1494125.17 In preparing the budget, the General Assembly by majority vote of a quorum shall determine the amount of funds which will be required from its members for the purposes of this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions 50% of which will be assessed on a per capita basis and 50% on an assessed valuation basis, each city paying on the basis of its population and assessed valuation and the County paying on the basis of the population and assessed valuation within the unincorporated area of Western Riverside County as defined in the by-laws. The parties, when informed of their respective contributions, shall pay the same before August 1st of the fiscal year for which they are assessed or within sixty days of being informed of the assessment, whichever occurs later. In addition to the contributions provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of WRCOG. The General Assembly shall have the power to determine that personnel, equipment or property of one or more of the parties to the Agreement may be used in lieu of fund contributions or advances. All contributions and funds shall be paid to WRCOG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget. 3.5 Contributions from Water Districts and the Moronqo Band of Mission Indians. The provision of section 3.4 above shall be inapplicable to the Western Municipal Water District, the Eastern Municipal Water District, and Morongo. The amount of 13 20323.00002\1494125.17 contributions from these water districts and Morongo shall be through the WRCOG budget process. IV BUDGETS AND DISBURSEMENTS 4.1 Annual Budget. The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to WRCOG for its purposes during a fiscal year. 4.2 Disbursements. The Executive Director shall request warrants from the Auditor in accordance with budgets approved by the General Assembly or Executive Committee subject to quarterly review by the Executive Committee. The Treasurer shall pay such claims or disbursements and such requisitions for payment in accordance with rules, regulations, policies, procedures and bylaws adopted by the Executive Committee. 4.3 Accounts. All funds will be placed in appropriate accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Government Code Sections 6505 et seq. and any other applicable laws of the State of California. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Executive Committee. 4.4 Expenditures Within Approved Annual Budget. 14 20323.00002\1494125.17 All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee. 4.5 Audit. The r- - - - - - - • - ' - e - - - - - - - ' - - - - - Auditor shall make or contract with an independent certified public accountant or public accountant to make an annual audit of WRCOG's accounts and records, and copies of such audit report shall be filed with the County Auditor, State Controller and each party to WRCOG no later than fifteen (15) days after receipt of said audit by the Executive Committee. The Auditor shall perform those functions required of him or her by Government Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations, including any subsequent amendments thereto. 4.6 Reimbursement of Funds. Grant funds received by WRCOG from any federal, state, or local agency to pay for budgeted expenditures for which WRCOG has received all or a portion of said funds from the parties hereto shall be used as determined by WRCOG's Executive Committee. V LIABILITIES 5.1 Liabilities. The debts, liabilities, and obligation of WRCOG shall be the debts, liabilities, or obligations of WRCOG alone and not of the parties to this Agreement. 5.2 Hold Harmless and Indemnity. 15 20323.00002\1494125.17 Each party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying party or its employees. Where the General Assembly or Executive Committee itself or its agents or employees are held liable for injuries to persons or property, each party's liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions (less voluntary contributions) of each member. In the event of liability imposed upon any of the parties to this Agreement, or upon the General Assembly or Executive Committee created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this Agreement, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold all other parties harmless from any liability for personal injury or property damage arising out of the performance of this Agreement. The voting for or against a matter being considered by the General Assembly or executive or other committee or WRCOG, or abstention from voting on such matter, shall not be construed to constitute a wrongful act or omission within the meaning of this Subsection. VI ADMISSION AND WITHDRAWAL OF PARTIES 6.1 Admission of New Parties. It is recognized that additional cities other than the original parties, may wish to participate in WRCOG. Any Western Riverside County city may become a party 16 20323.00002\1494125.17 to WRCOG upon such terms and conditions as established by the General Assembly or Executive Committee. Any Western Riverside County city shall become a party to WRCOG by the adoption by the city council of this Agreement and the execution of a written addendum theretohereto agreeing to the terms of this Agreement and agreeing to any additional terms and conditions that may be established by the General Assembly or Executive Committee. Special districts which are significantly involved in regional problems and the boundaries of which include territory within the collective area of the membership shall be eligible for advisory membership in the Council by the execution of a separate MOU setting forth the terms of such participation. The representative of any such advisory member may participate in the work of committees of the Council. 6.2 Withdrawal from WRCOG. It is fully anticipated that each party hereto shall participate in WRCOG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party, either voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows: a. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be given to WRCOG, six months prior to the effective date of withdrawal; b. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by WRCOG prior to the effective date of the parties'party's notice of withdrawal; 17 20323.00002\1494125.17 c. Unless otherwise provided by a unanimous vote of the Executive Committee, withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of WRCOG as set forth in Section VII below; d. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from membership in WRCOG. VII TERMINATION AND DISPOSITION OF ASSETS 7.1 Termination of this Agreement. WRCOG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement; providing, however, that WRCOG and this Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets and all other functions necessary to conclude the affairs of WRCOG. Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from WRCOG of a sufficient number of the agencies enumerated herein so as to leave less than five of the enumerated agencies remaining in WRCOG. 7.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in WRCOG following the discharge of all obligations shall be disposed of as the Executive Committee shall determine with the objective of distributing to each 18 20323.00002\1494125.17 remaining party a proportionate return on the contributions made to such properties by such parties, less previous returns, if any. VIII IMPLEMENTATION AND PARTICIPATION AGREEMENTS; ASSOCIATE MEMBERSHIP 8.1 Execution of Agreement. When authorized by the Executive Committee, any affected member agency or agencies enumerated herein, may execute an Implementation Agreement for the purpose of authorizing WRCOG to implement, manage and administer area -wide and regional programs in the interest of the local public welfare. The costs incurred by WRCOG in implementing a program including indirect costs, shall be assessed only to those public agencies who are parties to that Implementation Agreement. 8.2 PACE Agreements; Associate Membership. WRCOG shall be empowered to establish and operate one or more Property Assessed Clean Energy ("PACE") programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of WRCOG. WRCOG, acting through its Executive Committee, shall be empowered to establish an "Associate Member" status that provides membership in WRCOG to local jurisdictions that are outside WRCOG's jurisdictional boundaries but within whose 19 20323.00002\1494125.17 boundaries a PACE program will be established and implemented by WRCOG. Said local jurisdictions shall become Associate Members of WRCOG by adopting one or more agreements (the "PACE Agreement") on the terms and conditions established by the Executive Committee and consistent with the requirements of the Joint Exercise of Powers Act, being 5 of Division 7, Title 1 of the California Government Code (Sections 6500 et seq.). The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement for the purposes of implementing the PACE program within their jurisdictional boundaries. Except as expressly provided for by the PACE Agreement, Associate Members shall not have any rights otherwise granted to WRCOG's members by this Agreement, including but not limited to the right to vote, right to amend this Agreement, and right to sit on committees or boards established under this Agreement or by action of the Executive Committee or the General Assembly, including, without limitation, the General Assembly and the Executive Committee. IX MISCELLANEOUS 9.1 Amendments. This Agreement may be amended with the approval of not less than two-thirds (2/3) of all member agencies. 20 20323.00002\1494125.17 9.2 Notice. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "A", shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy-two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 9.3 Effective Date. This Agreement shall be effective and WRCOG shall exist from and after such date as this Agreement has been executed by any seven or more of the public agencies, including the County of Riverside, as listed on page 1 hereof. 21 20323.00002\1494125.17 9.4 Arbitration. Any controversy or claim between any two or more parties to this Agreement, or between any such party or parties and WRCOG, with respect to disputes, demands, differences, controversies, or misunderstandings arising in relation to interpretation of this Agreement, or any breach thereof, shall be submitted to and determined by arbitration. The party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other party to this Agreement and to the Executive Director of the Council. Such notice shall designate as "respondents" such other parties as the initiating party intends to have bound by any award made therein. Any party not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file with all other parties and with the Executive Director of the Council a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the initiating party and the respondent or respondents shall each designate a person to act as an arbitrator. The designated arbitrators shall mutually designate the minimal number of additional persons as arbitrators as may be necessary to create an odd total number of arbitrators but not less than three to serve as arbitrator(s). The arbitrators shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et. seq. The parties to this Agreement agree that the decision of the arbitrators will be binding and will not be subject to judicial review except on the ground that the arbitrators have exceeded the scope of their authority. 22 20323.00002\1494125.17 9.5 Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 9.6 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 9.7 Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties. 9.8 Execution. The Board of Supervisors of the County of Riverside and the city councils of the cities enumerated herein have each authorized execution of this Agreement as evidenced by the authorized signatures below, respectively. 23 20323.00002\1494125.17 EXHIBIT "A" Original Members Agencies 1. City of Banning 2. City of Beaumont (rejoined June 22, 2017) 3. City of Calimesa 4. City of Canyon Lake 5. City of Corona 6. City of Hemet 7. City of Lake Elsinore 8. City of Moreno Valley 9. City of Murrieta 10. City of Norco 11. City of Perris 12. City of Riverside 13. City of San Jacinto 14. City of Temecula 15. County of Riverside Additional City Members 1. City of Eastvale (added on 08/02/2010, Resolution 01-11) 2. City of Jurupa Valley (added on 07/29/2011, Resolution 02-12) 3. City of Menifee (added on 10/06/2008, Resolution 03-09) 4. City of Wildomar (added on 08/04/2008, Resolution 01-09) For Reference Only THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS Participating Agencies 1. Eastern Municipal Water District (membership on the Governing Board of WRCOG, 05/11/2009) 2. Western Municipal Water District (membership on the Governing Board of WRCOG, 05/11/2009) 3. Riverside County Superintendent of Schools (membership as an ex- officio, advisory member of WRCOG, 11/07/2011) 4. Morongo Band of Mission Indians (membership on the Governing Board of WRCOG, 7/6/2015) ATTEST: Clerk of the Board of Supervisors By: Dated: ATTEST: City Clerk City of Banning By: Dated: ATTEST: City Clerk City of Beaumont COUNTY OF RIVERSIDE By: Chairman, Board of Supervisors CITY OF BANNING By: Mayor CITY OF BEAUMONT By: By: Mayor Dated: ATTEST: CITY OF CALIMESA City Clerk City of Calimesa By: By: Mayor Dated: ATTEST: CITY OF CANYON LAKE City Clerk City of Canyon Lake By: By: Mayor ATTEST: CITY OF CORONA By: By: Mayor Dated: City Clerk City of Corona Dated: ATTEST: CITY OF EASTVALE City Clerk City of Eastvale By: By: Mayor Dated: ATTEST: CITY OF HEMET City Clerk City of Hemet By: By: Mayor Dated: ATTEST: CITY OF JURUPA VALLEY City Clerk City of Jurupa Valley By: By: Mayor ATTEST: CITY OF LAKE ELSINORE By: By: Mayor Dated: City Clerk City of Lake Elsinore Dated: ATTEST: CITY OF MENIFEE City Clerk City of Menifee By: By: Mayor Dated: ATTEST: CITY OF MORENO VALLEY City Clerk City of Moreno Valley By: By: Mayor Dated: ATTEST: CITY OF MURRIETA City Clerk City of Murrieta By: By: Mayor ATTEST: CITY OF NORCO By: By: Mayor Dated: City Clerk City of Norco Dated: ATTEST: CITY OF PERRIS City Clerk City of Perris By: By: Mayor Dated: ATTEST: CITY OF RIVERSIDE City Clerk City of Riverside By: By: Mayor Dated: ATTEST: CITY OF SAN JACINTO City Clerk City of San Jacinto By: By: Mayor ATTEST: CITY OF TEMECULA By: By: Mayor ATTEST: CITY OF WILDOMAR By: By: Mayor ATTEST: MORONGO BAND OF MISSION INDIANS Dated: City Clerk City of Temecula Dated: City Clerk City of Wildomar Dated: Council Recording Secretary Morongo Band of Mission Indians By: By: Tribal Chairman Dated: Item No. 11 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: January 8, 2019 SUBJECT: Approve U.S. House of Representatives District Office Lease at the Temecula Civic Center PREPARED BY: Betsy Lowrey, Senior Management Analyst RECOMMENDATION: That the City Council approve U.S. House of Representatives District Office Lease until January 2, 2021 at the Temecula Civic Center, in substantially the form attached. BACKGROUND: The current U.S. House of Representatives Congressional District boundaries became effective January 3, 2013 and designate California's District 50 to represent approximately 80% of the City of Temecula and California's District 42 to represent approximately 20%. For the benefit of the citizens of Temecula to have easy access to their U.S. Congressional representative, a lease was negotiated in 2013 for District 50 to occupy 457 square feet of office space within the Temecula Civic Center, and was amended to extend the term through January 2, 2019. Members of the House of Representatives are considered for reelection every other year and, therefore, each Congressional District Office Lease term corresponds accordingly. California's 50`h District wishes to enter into a new Temecula office lease occupying 194 square feet with direct access from outside. City of Temecula will occupy the remaining 263 square feet previously occupied by District 50. The term of the Lease Amendment shall be twenty-four months, commencing on January 3, 2019 and terminating on January 2, 2021, which corresponds with the current election term, unless terminated sooner. A new Lease or Lease Amendment may be renegotiated upon re-election. FISCAL IMPACT: lease will total $4,800. ATTACHMENTS: Office space rental revenue generated over the term of the 2 -year U.S. House of Representatives District Office Lease with Lease Attachment for the term January 3, 2019 — January 2, 2021 21.5. ,Mouse of Rpresentatives Washington, D.C. 20515 District Office Lease (Page 1 of 3 — 116th Congress) Pursuant to 2 U.S.C. § 4313, and the Regulations of the Committee on House Administration (as modified from time to time by Committee Order) relating to office space in home districts, City of Temecula, a Municipal Corporation , 41000 Main Street, Temecula, CA 92590 (Landlord's name) ("Lessor"), and Duncan Hunter (Lessee's name) Representatives ("Lessee"), agree as follows: (Landlord's street address, city, state, ZIP code) . a Member/Member-Elect of the U.S. House of 1. Location. Lessor shall lease to Lessee 194 square feet of office space located at 41000 Main Street (Office street address) in the city, state and ZIP code of Temecula, CA 92590 (Office city, state and ZIP) 2. Lease Amenities. Lessee shall be entitled to receive and Lessor shall be required to provide the amenities agreed to in Section A of the District Office Lease Attachment ("Attachment") accompanying this Lease. 3. Term. Lessee shall have and hold the leased premises for the period beginning January 3 , 2019 and ending January 2 , 2021 . The term of this District Office Lease ("Lease") may not exceed two (2) years and may not extend beyond January 2, 2021, which is the end of the constitutional term of the Congress to which the Member is elected. 4. Rent. The monthly rent shall be $200.00 , and is payable in arrears on or before the last day of each calendar month. Rent payable under this Lease shall be prorated on a daily basis for any fraction of a month of occupancy. 5. Early Termination. This Lease may be terminated by either party giving 30 days' prior written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered or, if mailed, the date such notice is postmarked. 6. Payments. During the term of this Lease, rent payments under Section 4 of this Lease shall be remitted to the Lessor by the Chief Administrative Officer of the U.S. House of Representatives (the "CAO") on behalf of the Lessee. 7. District Office Lease Attachment for 116th Congress. The District Office Lease Attachment attached hereto is incorporated herein by reference, and this Lease shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment for the 116th Congress. 8. Counterparts. This Lease may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 21.5. ?fouse of 1cpresentatives Washington, D.C. 20515 District OtAce Lease (Page 2 of 3 —116th Congress) 9. Section Headings. The section headings of this Lease are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. 10. Modifications. Any amendments, additions or modifications to this Lease inconsistent with Sections 1 through 2 above shall have no force or effect to the extent of such inconsistency. 11. Other. Additionally, the Lessor and the Lessee agree to the following: Tenant Improvements made by Landlord will include locked interior door, and essential phone/computer outlets as requested by Lessee and agreed to by Landlord. [Signature page follows.] 41.S. 2(ouse of 47gresentatives Washington, D.C. 20515 District Office Lease (Page 3 of 3 - 116th Congress) IN WITNESS WHEREOF, the parties have duly executed this District Office Lease as of the later date written below by the Lessor or the Lessee. City of Temecula, a Municipal Corporation Print Name of Lessor/Landlord/Company By: Lessor Signature Name: Michael Naggar Title: City of Temecula Mayor January 8, 2019 ATTEST: BY. Du can Hunter Print ame of Lessee essee St atur 12_7.141 le Date Dale Randi Johl, City Clerk CITY OF TEMECULA APPROVED AS TO FORM: BY Peter Thorson, City Attorney CITY OF TEMECULA This District Office Lease must be accompanied with an executed District Office Lease Attachment. District Office lease — instructions NO LEASE OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL. The term for a District Office Lease for the 116th Congress may not commence prior to January 3, 2019. Members should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year. For the 116th Congress, leases should end on January 2, 2021, not December 31, 2020. A. The preamble has three blank lines to be filled in: (1) Landlord's name; (2) Landlord's address; and (3) Member/Member-Elect's name. B. Section 1 has three blank lines to be filled in: (1) square footage of the leased office (optional); (2) street address of the leased office; and (3) city, state and ZIP code of the leased office. C. Section 2 confirms that all amenities identified in the District Office Lease Attachment accompanying the Lease are to be provided by Lessor. D. Section 3 has two blank lines to be tilled in: (1) date lease begins (must be on or after January 3, 2019); and (2) date lease ends (must be on or before January 2, 2021). E. Section 4 has one blank line for the monthly rent amount (write "zero" if no rent is to be paid). F. Section 5 has one blank line — the number of days' notice required for either party to terminate the lease before the end of the term. A standard period is 30 days, but any figure is acceptable. If the lease may not be terminated early, enter "N/A" in this blank. G. Sections 1-9, other than filling in the blanks, may not be altered or deleted. H. Section 11 has space provided to list any additional lease provisions. I. Prior to either party signing a lease, the Member/Member-Elect must submit the proposed lease, accompanied by a copy of the District Office Lease Attachment for the 116th Congress, to the Administrative Counsel for review and approval. If the proposed terms and conditions of the lease are determined to be in compliance with applicable law and House Rules and Regulations, the Administrative Counsel will notify the Member/Member-Elect that (s)he may proceed with the signing of the lease. Please submit the proposed lease and District Office Lease Attachment either by e-mail in PDF form (leases@mail.house.gov) or fax (202-225-6999). J. The Member/Member-Elect is required to personally sign the documents. A signed and dated District Office Lease Attachment must accompany this lease. Once signed by both parties, the Lease and the District Office Lease Attachment must be submitted to the Administrative Counsel for final approval. They may be sent by email in PDF form (leases@mail.house.gov) or faxed to 202-225-6999. K. If approved, Administrative Counsel will send the forms to Finance so that payment can begin. If there arc errors on the form, the Member office will be contacted and required to correct them. District Office lease Attachment- Instructions The District Office Lease Attachment must accompany every Lease or Lease Amendment that is submitted for a Member/Member-Elect's District Office. NO LEASE, AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL. The term of a District Office Lease or Amendment for the 116th Congress may not commence prior to January 3, 2019. Members should endeavor to lease apace through the last day of a congressional term rather than the last day of a calendar year. For the 116th Congress, leases should end on January 2, 2021, not December 31, 2020. A few things to keep in mind: A. The Member/Member-Elect is required to personally sign the documents. B. The Member/Member-Elect must indicate in Section A ("Lease Amenities") of the Attachment whether the proposed leased space will serve as a flagship district office. C. The lessor must complete the amenities checklist in Section A ("Lease Amenities"), unless the checkbox at the top of the amenities checklist is marked to indicate that amenities are listed elsewhere in the Lease. D. Broadband/cable availability can be checked by entering the address of the proposed leased space at haps://broadbandmap. tcc.soy. The Member/Member-Elect should still confirm broadband/cable status directly with the Lessor. E. Section B ("Additional Terms and Conditions") of the Attachment SHALL NOT have any provisions deleted or changed. F. Even if rent is zero, an Attachment is still required. G. Prior to either party signing a Lease or Amendment, the Member/Member-Elect must submit the proposed Lease or Amendment, accompanied by a copy of the Attachment, to the Administrative Counsel for review and approval. If the Administrative Counsel determines that the proposed terms and conditions of the Lease or Amendment are in compliance with applicable law and House Rules and Regulations, the Administrative Counsel will notify the Member/Member-Elect that (s)he may proceed with the execution of the Lease or Amendment. Please submit the proposed Lease or Amendment and Attachment either by e-mail in PDF form (leases@mail.house.gov) or by fax (202-225-6999). H. Once signed by both parties, the Lease or Amendment and the Attachment must be submitted to the Administrative Counsel for final approval. The Attachment should be submitted at the same time the Lease or Amendment is sent to the Administrative Counsel. They may be sent by email in PDF form (leases@mail.house.gov) or faxed to (202-225-6999). I. Without a properly signed and submitted Attachment, the Lease or Amendment cannot be approved and payments will not be made. The parties agree that any charges for default, early termination or cancellation of the Lease or Amendment which result from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and are not reimbursable from the Member's Representational Allowance. J. Lessor shall provide a copy of any assignment, estoppel certificate, notice of a bankruptcy or foreclosure, or notice of a sale or transfer of the leased premises to the Administrative Counsel by e-mail in PDF form (leases@mail.house.gov). V.S..Youse of q4presentatives Washington, D.C. 20515 District Office lease Attachment (Page 1 of 5 — 116th Congress) SECTION A jLease Amenities) Section A designates whether the leased space will be the Member/Member-Elect's flagship (primary) office and sets forth the amenities provided by the Lessor to be included in the Lease. Except as noted below, the amenities listed are not required for all district offices. To be completed by the Member/Member-elect: O The leased space will serve as my flagship (primary) District Office. 17 The leased space will NOT serve as my flagship (primary) District Office. To be completed by the Lessor: ['Amenities arc separately listed elsewhere in the Lease. (The below checklist can be left blank if the above box is checked.) The Lease includes (please check and complete all that apply): (Items marked with an asterisk and in bold are reenired for ALL district offices for the 116m Congress.) 8 * Broadband and/or Cable Access to the Leased Space (e.g. Comcast. Cox, Verizon. etc.). (Check broadband status by entering the leased space address at h;lps dhroadhandntapjct.gnv. The parties should also directly discuss broadband status.) 8 * Interior Wiring CAT 5e or Better within Leased Space. 8 Lockable Space for Networking Equipment. 8 Telephone Service Available. 13 Parking. ❑ Assigned Parking Spaces D Unassigned Parking Spaces D General Off -Street Parking on an As -Available Basis 13 Utilities. Includes: 13 Janitorial Services. Frequency: 8 Trash Removal. Frequency: 13 Carpet Cleaning. Frequency: _ e Window Washing. 13 Window Treatments 13 Tenant Alterations included In RentaI.Rate. 13 After Hours Building Access. 13 Office Furnishings. Includes: 8 Cable TV Accessible. If checked, Included in Rental Rate: I Yes I No 13 Building Manager. 13 Onsite 13 On Call Contact Name: Phone Number: Email Address: Send completed form to: Administrative Counsel, 217 Ford House Office Building, Washington, D.C. 2051S. Copies may also be faxed to 202-225-6999. V.S. .JCouse of &presentatives Washington, D.C. 20515 District One Lease Attachment (Page 2 of 5 -116th Congress) SECTION B (Additional Terms and Conditions) 1. Incorporated District Office Lease Attachment. Lessor (Landlord) and Lessee (Member/Member-Elect of the U.S. House of Representatives) agree that this District Office Lease Attachment ("Attachment") is incorporated into and made part of the Lease ("Lease") and, if applicable, District Office Lease Amendment ("Amendment") to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives (the "House") nor its Officers are liable for the performance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer of the House (the "CAO") to Lessor to satisfy Lessee's rent obligations under the Lease - which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House - shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO ("Administrative Counsel") must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with House Rules and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the blouse and the Regulations of the Committee on House Administration, and approved the Lease by signing the last page of this Attachment. 5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause, operating expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default, early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee. 8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office during the term of the Lease, the Clerk of the House may, at his or her sole option, either: (a) Send completed forms la: Administrative Counsel, 217 Ford House Office Building, Washington, D.C, 20515. Copies may also be faxed to 202-225-6999. Z1.S, 7fouse ofpresentatives Washington, D.C. 20515 District Office lease Attachment (Page 3 of 5 -116th Congress) terminate the Lease by giving thirty (30) days' prior written notice to Lessor; or (b) assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty (60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease, the commencement date of such thirty (30) day termination notice shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice is postmarked. 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member -Elect before taking office. Should the Member -Elect not take office to serve as a Member of the 116th Congress, the Lease will be considered null and void. 10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, O'Neill Federal Building, Suite 3100, Attn: Office of Financial Counseling, Washington, D.C. 20515, and with the Administrative Counsel by e-mail at leases@mail.house.gov. 11. Assignments. Lessor shall not have the right to assign (by operation of law or otherwise) any of its rights, interests and obligations under the Lease, in whole or in part, without providing thirty (30) days prior written notice to Lessee, and any such purported assignment without such notice shall be void. Lessor shall promptly file a copy of any such assignment notice with the Administrative Counsel by e-mail at leases@mail.house.gov. 12. Sale or Transfer of [.eased Premises. Lessor shall provide thirty (30) days prior written notice to Lessee in the event (a) of any sale to a third party of any part of the leased premises. or (b) Lessor transfers or otherwise disposes of any of the leased premises, and provide documentation evidencing such sale or transfer in such notice. Lessor shall promptly file a copy of any such sale or transfer notice with the Administrative Counsel by e-mail at leases@mail.house.gov. 13. Bankruptcy and Foreclosure. In the event (a) Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily), (b) the leased premises is foreclosed upon, or (c) of any similar occurrence, Lessor agrees to promptly notify Lessee in writing. Lessor shall promptly file a copy of any such notice with the Office of Finance, U.S. House of Representatives, O'Neill Federal Building, Suite 3100, Attn: Office of Financial Counseling, Washington, D.C. 20515, and with the Administrative Counsel by e-mail at leases@mail.house.gov. 14. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises (usually used in instances when the Lessor is selling or refinancing the building) upon the request of the Lessor. Such an estoppel certificate shall require the review of the Administrative Counsel, prior to Lessee signing the estoppel certificate. Lessor shall promptly provide a copy of any such estoppel certificate to the Administrative Counsel by e-mail at leases@mail.house.gov. Send complefedforms to: Administrative Counsel, 217 Ford House Office Building, Washington, D.C. 20515. Copies muy also be faxed to 202-225-6999. VS..Jfouse of Representatives Washington, D.C. 20515 Oistrict Office lease Attachment (Page 4 of 5 - 116th Congress) 15. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas. 16. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating systems or equipment (including window air conditioning units provided by the Lessor) serving the premises_ 17. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests, caused by Lessor's failure to fulfill its obligations under Sections 15 and L¢. 18. Initial Alterations. Lcssor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor's consent, which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 19. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor. 20. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 21. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes (including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 22. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 23. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated. 24. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment, the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency. Send completed forms to: Administrative Counsel, 217 Ford House ice Building, Washington, D.C. 20515. Copies may also be faxed to 202-225-6999. House of 24presentatives Washington, D.C. 20515 District Office Lease Attachment (Page 5 of 5 — 116th Congress) 25. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 26. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide, arms -length, marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 27. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 28. Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 29. Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. IN WITNESS WHEREOF, the parties have duly executed this District Offi . se Attachment as of the later date written below by the Lessor or the Lessee. City of Temecula, a Municipal Corporation Print Name of Lessor/Landlord/Company By: Lessor Signature Name: Michael Naggar Title: City of Temecula Mayor January 8, 2019 ATTEST: BY: Date Ranch Johl, City Clerk CITY OF TEMECULA APPROVED AS TO FORM: BY: Peter Thorson, City Attorney CITY OF TEMECULA can Hunter Print N me of Lessee ssee Signatur 7/6 Date From the Member's Office, who is the point of contact for questions? Nano Phone ( ) P -mail a mail house.gov This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approved, pursuant to Regulations of the Committee on House Administration. Signed (Administrative Counsel) Date , 20 Send completed forms to: Administrative Counsel, 217 Ford House Office Building, Washington, D.C. 20515. ('opies may also be Jared to 202-225-6999. Item No. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Isaac Garibay, Human Resources Manager DATE: January 8, 2019 SUBJECT: Approve the Amended Salary Schedule to Include the Classification of Water Instructor RECOMMENDATION: That the City Council approve the Amended Salary Schedule to be effective January 8, 2019. BACKGROUND: The City of Temecula's Aquatics programs require staff to lifeguard and provide instruction to program participants. Previously, the City's Senior Lifeguards would serve as lifeguards and instructors; however, in December 2018, the City added a Water Safety Instructor to the Classification System, which allows for employees designated as Water Safety Instructors to only instruct, and not be responsible for lifeguard duties. Creating the Water Safety Instructor classification better meets the business needs of the City, and would appropriately compensate those Instructors for only carrying out instructional duties. It is recommended that the Water Safety Instructor be compensated equally to a Lifeguard that only carries out lifeguard duties, which is currently $12.78 - $16.36 per hour. The recommended adjustments only affect Project employees. No salary or benefit adjustments are being recommended for any Regular, benefited positions, including Executive staff, Mid Management staff, or staff represented by Teamsters Local 911. FISCAL IMPACT: No fiscal impact. ATTACHMENTS: Salary Schedule CITY OF TEMECULA SALARY SCHEDULE AS OF January 8, 2019 Class Family / Title Salary Steps Aft - - .• -. .r ._ .L 5.5 c 0 6.5 ADMINISTRATIVE 7.0 '', 7.5 `.. Executive 4 Assistant 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 4,314.5792 51,774.95 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 Senior 4 Administrative Assistant 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 318636 32.6602 33.4767 4,106.6786 49,280.14 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 Administrative 3 22.0478 22.5981 23.1642 23.7462 24.3437 24.9491 25.5704 26.2073 26.8600 27.5282 28.2202 69,631.55 Assistant (Y -Rate) 3,821.6200 3,917.0000 4,015.1300 4,116.0100 4,219.5800 4,324.5100 4,432.2000 4,542.6000 4,655.7300 4,771.5500 4,891.5000 45,859.44 47,004.00 48,181.56 49,392.12 50,634.96 51,894.12 53,186.40 54,511.20 55,868.76 57,258.60 58,698.00 Administrative 3 Assistant 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 Senior 2 Office Specialist 20.4299 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 63,082.75 28.8669 3,541.1761 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 Office Specialist II 1 18.5084 3,208.1308 18.9712 19.4454 19.9316 20.4299 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 3,288.3340 3,370.5424 3,454.8059 3,541.1761 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 Office Specialist I 1 17.6166 3,053.5450 18.0570 18.5084 18.9712 19.4454 19.9316 20.4299 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 54,396.06 24.8918 36,642.54 3,129.8837 3,208.1308 3,288.3340 3,370.5424 3,454.8059 3,541.1761 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 37,558.60 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 43556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 Office Aide 111 1 16.3588 2,835.5201 16.7677 17.1869 17.6166 18.0570 18.5084 18.9712 19.4454 19.9316 20.4299 20.9406 21.4641 22.0007 22.5507 51,774.95 23.1145 34,026.24 2,906.4081 2,979.0683 3,053.5450 3,129.8837 3,208.1307 3,288.3340 3,370.5424 3,454.8059 3,541.1761 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 34,876.90 35,748.82 36,642.54 37,558.60 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 Office Aide 11 1 14.4588 2,506.1866 14.8202 15.1907 15.5705 15.9598 16.3588 16.7677 17.1869 17.6166 18.0570 18.5084 18.9712 19.4454 19.9316 48,078.19 20.4299 2,568.8413 2,633.0623 2,698.8889 2,766.3611 2,835.5201 2,906.4081 2,979.0683 3,053.5450 3,129.8837 3,208.1307 3,288.3340 3,370.5424 3,454.8059 3,541.1761 30,074.24 30,826.10 31,596.75 32,386.67 33,196.33 34,026.24 34,876.90 35,748.82 36,642.54 37,558.60 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 Office Aide 1 1 12.7794 2,215.1038 13.0989 13.4264 13.7621 14.1061 14.4588 14.8202 15.1907 15.5705 15.9598 16.3588 16.7677 17.1869 17.6166 18.0570 2,270.4814 2,327.2434 2,385.4245 2,445.0601 2,506.1866 2,568.8413 2,633.0623 2,698.8889 2,766.3611 2,835.5201 2,906.4081 2,979.0683 3,053.5450 3,129.8837 26,581.25 27,245.78 27,926.92 28,625.09 29,340.72 30,074.24 30,826.10 31,596.75 32,386.67 33,196.33 34,026.24 34,876.90 35,748.82 36,642.54 37,558.60 Parte 1413 Building Inspector l 1 Building Inspector 11 2 Senior Building Inspector Plan Checker • { ! § \ Director of 863.61551 65.21 66.8361 68.5070 70.2197 71.9751 73.7745 75.6189 77.5094 79.4471 81.4333 83.4691 85.5558 87.6947 89.8871 Community Development 11,026.69 11,302.36 11,584.9206 11,874.5436 12,171.4072 12,475.6924 12,787.5847 13,107.2743 13,434.9562 13,770.8301 14,115.1008 14,467.9783 14,829.6778 15,200.4198 15,580.4302 132 ,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 177,956.13 182,405.04 186,965.16 COMMUNITY DEVELOPMENT - BUILDING & SAFETY Intern 1 12.1637 12.4678 12.7794 13.0989 13.4264 13.7621 14.1061 14.4588 14.8202 15.1907 15.5705 2,108.3677 2,161.0769 2,215.1038 2,270.4814 2,327.2434 2,385.4245 2,445.0601 2,506.1866 2,568.8413 2,633.0623 2,698.8889 25,300.41 25,932.92 26,581.25 27,245.78 27,926.92 28,625.09 29,340.72 30,074.24 30,826.10 31,596.75 32,386.67 COMMUNITY DEVELOPMENT Management Aide I 1 Management Aide II Management Aide III 3 Management Assistant 4 /\ | i Senior 6 Management Analyst Senior 6 Management Analyst (y -Rate) Prinapal Management Analyst ° -ƒ `/ / \ :1 0 ... ». 30.3282 5,256.8958 63,082.75 33.4767 5,802.6294 69,631.55 /k/ 40.7881 7,069.9404 84,839.29 42.8530 7,427.8562 89,134.27 53.5175 9,276.3745 111,316.49 17.6166 3,053.5450 36,642.54 19.4454 3,370.5424 40,446.51 }Ek 23.6924 4,106.6786 49,280.14 31.8636 5,523.0262 66,276.31 38.9454 6,750.5300 81,006.36 35.1715 6,096.3875 73,156.65 38.8227 6,729.2711 80,751.25 31.0865 5,388.3182 64,659.82 :k# (§E 37.8758 6,565.1425 78,781.71 41.8078 7,246.6889 86,960.27 43.9243 7,613.5526 91,362.63 154.8555 9,508.2839 114,099.41 18.0570 3,129.8837 37,558.60 19.9316 I 3,454.8059 41,457.67 22.0007 3,813.4593 45,761.51 1.k# |§ 32.6602 5,661.1018 67,933.22 39.9203 6,919.5200 83,034.24 36.0508 6,248.7972 74,985.57 39.7933 6,897.5028 82,770.03 31.8636 5,523.0262 66,276.31 35.1715 6,096.3875 73,156.65 38.8227 6,729.2711 80,751.25 42.8530 7,427.8562 89,134.27 `fie \/§ 56.2269 9,745.9910 116,951.89 18.5084 3,208.1308 38,497.57 mak, :)( 22.5507 3,908.7958 46,905.55 11 02 yEs '2, 33.4767 Ill 5,802.6294 69,631.55 40.9190 7,092.6200 85,111.44 36.9520 6,405.0171 76,860.20 40.7881 7,0 69.9404 84,839.29 32.6602 5,661.1018 67,933.22 36.0508 6,248.7972 74,985.57 39.7933 6,897.5028 82,770.03 43.9243 7,613.5526 91,362.63 46.1480 7,998.9887 95,987.86 57.6325 9,989.6407 119,875.69 18.9712 3,288.3340 39,460.01 20.9406 3,629.7055 43,556.47 23.1145 4,006.5157 48,078.19 25.5141 4,422.4437 53,069.32 I 34.3136 5,947.6951 71,372.34 *kv2ka r. t, /§alkv 41.8078 7,246.6889 86,960.27 ;;A \(§ 36.9520 6,405.0171 76,860.20 40.7881 7,069.9404 84,839.29 45.0225 7,803.8914 93,646.70 47.3017 8,198.9634 98,387.56 59.0734 10,239.3817 122,872.58 19.4454 3,370.5424 40,446.51 21.4641 3,720.4481 44,645.38 23.6924 4,106.6786 49,280.14 26.1520 4,533.0048 54,396.06 35.1715 6,096.3875 73,156.65 42.9868 7,451.0400 89,412.48 38.8227 6,729.2711 80,751.25 42.8530 7,427.8562 89,134.27 34.3136 5,947.6951 71,372.34 37.8758 6,565.1425 78,781.71 41.8078 7,246.6889 86,960.27 S)m d& 48.4843 8,403.9375 100,847.25 E' 7k/ 19.9316 3,454.8059 41,457.67 22.0007 3,813.4593 45,761.51 fk,�km §|§§q 36.0508 6,248.7972 74,985.57 44.0642 7,637.7900 91,653.48 , 39.7933 I 6,897.5028 82,770.03 43.9243 7,613.5526 91,362.63 35.1715 6,096.3875 73,156.65 _-- 38.8227 6,729.2711 80,751.25 42.8530 7,427.8562 89,134.27 47.3017 8,198.9634 98,387.56 49.6964 8,614.0359 103,368.43 62.0639 10,757.7504 _ 129,093.01 {§8 SE §) 22.5507 3,908.7958 46,905.55 24.8918 4,314.5792 51,774.95 27.4759 4,762.4881 57,149.86 36.9520 6,405.0171 76,860.20 1, 45.1649 7,828.5900 93,943.08 40.7881 1 7,069.9404 84,839.29 I 45.0225 7,803.8914 93,646.70 36.0508 6,248.7972 74,985.57 39.7933 6,897.5028 82,770.03 43.9243 7,613.5526 91,362.63 48.4843 8,403.9375 100,847.25 50.9388 8,829.3868 105,952.64 63.6155 11,026.6942 132,320.33 ! mak® K§ 23.1145 4,006.5157 48,078.19 25.5141 4,422.4437 53,069.32 28.1628 4,881.5503 58,578.60 37.8758 6,565.1425 78,781.71 46.2972 8,024.8400 96,298.08 41.8078 7,246.6889 86,960.27 !## kbk 36.9520 6,405.0171 76,860.20 40.7881 7,069.9404 84,839.29 45.0225 7,803.8914 93,646.70 49.6964 8,614.0359 103,368.43 &L. S(2 A;§ 65.2059 11,302.3616 135,628.34 tn !■r 44§§ 23.6924 4,106.6786 49,280.14 4=N »#r 0|8 28.8669 5,003.5891 60,043.07 38.8227 6,729.2711 80,751.25 47.4530 8,225.1900 98,702.28 42.8530 7,427.8562 89,134.27 47.3017 8,198.9634 98,387.56 37.8758 6,565.1425 78,781.71 41.8078 7,246.6889 86,960.27 46.1480 7,998.9887 95,987.86 50.9388 8,829.3868 105,952.64 53.5175 9,276.3745 111,316.49 \\ 22.0007 3,813.4593 45,761.51 I \\/ 26.8057 4,646.3299 55,755.96 \j� 39.7933 6,897.5028 82,770.03 48.6403 8,430.9900 101,171.88 43.9243 7,613.5526 91,362.63 48.4843 8,403.9375 100,847.25 38.8227 6,729.2711 80,751.25 42.8530 7,427.8562 89,134.27 47.3017 8,198.9634 98,387.56 52.2122 9,050.1215 108,601.46 54.8555 9,508.2839 114,099.41 68.5070 11,874.5436 142,494.52 22.5507 3,908.7958 46,905.55 24.8918 4,314.5792 51,774.95 V; - Bk) 30.3282 5,256.8958 63,082.75 40.7881 7,069.9404 84,839.29 49.8591 8,642.2400 103,706.88 45.0225 7,803.8914 93,646.70 49.6964 8,614.0359 I 103,368.43 70.2197 12,171.4072 146,056.89 23.1145 4,006.5157 48,078.19 25.5141 4,422.4437 53,069.32 28.1628 4,881.5503 58,578.60 31.0865 5,388.3182 64,659.82 41.8078 7,246.6889 86,960.27 50.9285 8,827.6000 105,931.20 46.1480 7,998.9887 95,987.86 )k4 (2|. 71.9751 12,475.6924 149,708.31 23.6924 4,106.6786 49,280.14 26.1520 4,533.0048 54,396.06 28.8669 5,003.5891 60,043.07 31.8636 5,523.0262 66,276.31 42.8530 7,427.8562 89,134.27 52.2022 9,048.3800 108,580.56 47.3017 8,198.9634 98,387.56 52.2122 9,050.1215 1 108,601.46 73.7745 12,787.5847 153,451.02 7)� §|k 26.8057 4,646.3299 55,755.96 29.5885 5,128.6788 61,544.15 32.6602 5,661.1018 67,933.22 43.9243 7,613.5526 91,362.63 53.5075 9,274.6400 111,295.68 48.4843 8,403.9375 100,847.25 53.5175 9,276.3745 111,316.49 75.6189 13,107.2743 157,287.29 24.8918 4,314.5792 51,774.95 27.4759 4,762.4881 57,149.86 30.3282 5,256.8958 63,082.75 33.4767 5,802.6294 69,631.55 45.0225 7,803.8914 93,646.70 54.8442 9,506.3300 114,075.96 49.6964 8,614.0359 103,368.43 54.8555 9,508.2839 114,099.41 CITY OF TEMECULA SALARY SCHEDULE AS OF January 8, 2019 Class Family / Title Level 1.0 1.5 0 Salary Steps COMMUNITY DEVELOPMENT - CODE ENFORCEMENT Field Supervisor - 4 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 Code Enforcement 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 Senior Code 3 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 Enforcement Officer 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 Code Enforcement Officer II 2 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 Code Enforcement Officer I 1 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 COMMUNITY DEVELOPMENT- PLANNING Planning Manager 7 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 62.0639 63.6155 65.2059 66.8361 68.5070 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 10,757.7504 11,026.6942 11,302.3616 11,584.9206 11,874.5436 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 Principal Planner 6 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 62.0639 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 10,757.7504 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 Senior Planner 5 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 82,770.03 84,839.29 84960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 Associate Planner II 4 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 Associate Planner I 3 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 Assistant Planner 2 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 Planning Technician 1 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15_ 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 COMMUNITY DEVELOPMENT - SERVICES CommDev Processing 4 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 Supervisor 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 Senior CommDev 3 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 Services Technician 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 CommDev Services 2 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 Technician II 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 CommDev Services 1 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 Technician I 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 49,280.14 50,512.15 51,774.95_ 53,069.32 54,396.06 55,755.96,, 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 Page 3 of 13 Class Family / Title Level 1.0 1.5 Salary Steps CITY CLERK •. , Director of Legislative 8 59.0734 60.5502 62.0639 63.6155 65.2059 66.8361 68.5070 70.2197 71.9751 73.7745 75.6189 77.5094 79.4471 81.4333 83.4691 Affairs/Cit3Clerk 10,239.3817 10,495.3663 10,757.7504 11,026.6942 11,302.3616 11,584.9206 11,874.5436 12,171.4072 12,475.6924 12,787.5847 13,107.2743 13,434.9562 13,770.8301 14,115.1008 14,467.9783 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 Deputy City Ckrk 7 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 Records Manager 6 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 Records supervisor 4 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 Senior 3 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 Records Coordinator 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 Records Coordinator 2 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51774.95 53,069.32 54,396.06 55,755.96 Records Technician 1 18.9712 19.4454 19.9316 20.4299 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 3,288.3340 3,370.5424 3,454.8059 3,541.1761 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 CITY MANAGER City Manager 8 111.42 (per Employment Contract) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 19,312.50 231,750.00 Assistant City Manager 8 71.9751 73.7745 75.6189 77.5094 79.4471 81.4333 83.4691 85.5558 87.6947 89.8871 92.1343 94.4376 96.7986 99.2185 101.6990 12,475.6924 12,787.5847 13,107.2743 13,434.9562 13,770.8301 14,115.1008 14,467.9783 14,829.6778 15,200.4198 15,580.4302 15,969.9410 16,369.1895 16,778.4193 17,197.8797 17,627.8267 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 177,956.13 182,405.04 186,965.16 191,639.29 196,430.27 201,341.03 206,374.56 211,533.92 Deputy City Manager 7 65.2059 66.8361 68.5070 70.2197 71.9751 73.7745 75.6189 77.5094 79.4471 81.4333 83.4691 85.5558 87.6947 89.8871 92.1343 11,302.3616 11,584.9206 11,874.5436 12,171.4072 12,475.6924 12,787.5847 13,107.2743 13,434.9562 13,770.8301 14,115.1008 14,467.9783 14,829.6778 15,200.4198 15,580.4302 15,969.9410 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 177,956.13 182,405.04 186,965.16 191,639.29 Assistant to the 6 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 62.0639 63.6155 65.2059 66.8361 68.5070 70.2197 71.9751 73.7745 75.6189 City Manager 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 10,757.7504 11,026.6942 11,302.3616 11,584.9206 11,874.5436 12,171.4072 12,475.6924 12,787.5847 13,107.2743 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 Economic Development 5 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 Manager 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 Video production 3 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 Specialist 5,256.8958 5,388.3182 5,523.0261 5,661.1018 5,802.6293 5,947.6951 6,096.3874 6,248.7971 6405.0171 6,565.1425 6,729.2710 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 _ 71,372.34 _ 73,156.65 74,985.57 _ 76,860.20 _ 78,781.71 80,751.25 CITY OF TEMECULA SALARY SCHEDULE AS OF January 8, 2019 Page 4 of 13 Class Family / Title Level CITY OF TEMECULA SALARY SCHEDULE AS OF January 8, 2019 1.0 1.5 20 Salary Steps • COMMUNITY SERVICES Director of 8 63.6155 65.2059 66.8361 68.5070 70.2197 71.9751 73.7745 75.6189 77.5094 79.4471 81.4333 83.4691 85.5558 87.6947 89.8871 Community Services 11,026.6942 11,302.3616 11,584.9206 11,874.5436 12,171.4072 12,475.6924 12,787.5847 13,107.2743 13,434.9562 13,770.8301 14,115.1008 14,467.9783 14,829.6778 15,200.4198 15,580.4302 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 177,956.13 182,405.04 186,965.16 Asst Director of 7 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 62.0639 63.6155 65.2059 66.8361 68.5070 Community Services 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 10,757.7504 11,026.6942 11,302.3616 11,584.9206 11,874.5436 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 Community Services 6 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 62.0639 Superintendent 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 10,757.7504 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 Community Services 5 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 - 56.2269 Manager 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 Community Services 4 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 Supervisor II 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 Community Services 4 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 Supervisor l 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 Community Services 3 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 Coordinator II 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 53,069.32 54,39606 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 Community Services 3 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 Coordinator 1 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 Community Services 2 22.0007 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 Specialist II 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 Community Services 2 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 Specialist I 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 Community Services 1 18.9712 19.4454 19.9316 20.4299 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 Assistant 3,288.3340 3,370.5424 3,454.8059 3,541.1761 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 Senior Recreation Leader 1 15.9598 16.3588 16.7677 17.1869 17.6166 18.0570 18.5084 18.9712 19.4454 19.9316 20.4299 2,766.3611 2,835.5201 2,906.4081 2,979.0683 3,053.5450 3,129.8837 3,208.1307 3,288.3340 3,370.5424 3,454.8059 3,541.1761 33,196.33 34,026.24 34,876.90 35,748.82 36,642.54 37,558.60 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 Recreation Leader 1 13.4264 13.7621 14.1061 14.4588 14.8202 15.1907 15.5705 15.9598 16.3588 16.7677 17.1869 2,327.2434 2,385.4245 2,445.0601 2,506.1866 2,568.8413 2,633.0623 2,698.8889 2,766.3611 2,835.5201 2,906.4081 2,979.0683 27,926.92 28,625.09 29,340.72 30,074.24 30,826.10 31,596.75 32,386.67 33,196.33 34,026.24 34,876.90 35,748.82 Recreation Assistant 1 12.1637 12.4678 12.7794 13.0989 13.4264 13.7621 14.1061 14.4588 14.8202 15.1907 15.5705 2,108.3677 2,161.0769 2,215.1038 2,270.4814 2,327.2434 2,385.4245 2,445.0601 2,506.1866 2,568.8413 2,633.0623 2,698.8889 25,300.41 25,932.92 26,581.25 27,245.78 _ 27,926.92 28,625.09 29,340.72 30,074.24 30,826.10 31,596.75 32,386.67 Page 5 of 13 Class Family / Title LeveI CITY OF TEMECULA SALARY SCHEDULE AS OF January 8, 2019 1.0 Salary Steps COMMUNITY SERVICES - AQUATICS Aquatics Supervisor II 4 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 Aquatics Supervisor I 4 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 Aquatics Coordinator 3 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 Lead Lifeguard 2 15.9598 16.3588 16.7677 17.1869 17.6166 18.0570 18.5084 18.9712 19.4454 19.9316 20.4299 2,766.3611 2,835.5201 2,906.4081 2,979.0683 3,053.5450 3,129.8837 3,208.1307 3,288.3340 3,370.5424 3,454.8059 3,541.1761 33,196.33 34,026.24 34,876.90 35,748.82 36,642.54 37,558.60 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 Senior Ufeguard 1 14.4588 14.8202 15.1907 15.5705 15.9598 16.3588 16.7677 17.1869 17.6166 18.0570 18.5084 2,506.1866 2,568.8413 2,633.0623 2,698.8889 2,766.3611 2,835.5201 2,906.4081 2,979.0683 3,053.5450 3,129.8837 3,208.1307 30,074.24 30,826.10 31,596.75 32,386.67 33,196.33 34,026.24 34,876.90 35,748.82 36,642.54 37,558.60 38,497.57 Lifeguard 1 12.7794 13.0989 13.4264 13.7621 14.1061 14.4588 14.8202 15.1907 15.5705 15.9598 16.3588 2,215.1038 2,270.4814 2,327.2434 2,385.4245 2,445.0601 2,506.1866 2,568.8413 2,633.0623 2,698.8889 2,766.3611 2,835.5201 26,581.25 27,245.78 27,926.92 28,625.09 29,340.72 30,074.24 30826.10 31,596.75 32,386.67 33,196.33 34,026.24 Water Safety Instructor 1 12.7794 13.0989 13.4264 13.7621 14.1061 14.4588 14.8202 15.1907 15.5705 15.9598 16.3588 2,215.1038 2,270.4814 2,327.2434 2,385.4245 2,445.0601 2,506.1866 2,568.8413 2,633.0623 2,698.8889 2,766.3611 2,835.5201 26,581.25 27,24578 27,926.92 28,625.09 29,340.72 30,074.24 30,826.10 31,596.75 32,386.67 33,196.33 34,026.24 _ COMMUNITY SERVICES - DAY CAMP Day Camp Director 18.5084 18.9712 19.4454 19.9316 20.4299 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 3,208.1307 3,288.3340 3,370.5424 3,454.8059 3,541.1761 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 38,497.57 39460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 Assistant Day Camp 1 15.1907 15.5705 15.9598 16.3588 16.7677 17.1869 17.6166 18.0570 18.5084 18.9712 19.4454 Director 2,633.0623 2,698.8889 2,766.3611 2,835.5201 2,906.4081 2,979.0683 3,053.5450 3,129.8837 3,208.1307 3,288.3340 3,370.5424 31,596.75 32,386.67 33,196.33 - 34,026.24 34,876.90 35,748.82 36,642.54 37,558.60_ 38,497.57 39,460.01 40,446.51 Page 6of13 Class Family / Title TO Salary Steps COMMUNITY SERVICES - PARK RANGERS .. .. _. ... 51 Supervising Park Ranger 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 Park Ranger 111 3 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 Park Rangerll2 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 Park Ranger 1 1 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 COMMUNITY SERVICES - THEATER Theater Technical 3 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 Coordinator 11 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 Theater Technical 3 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 Coordinator 1 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63 082.75 64,659.82 Theater Technical 2 22.0007 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 Specialist 11 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 Theater Technical 2 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 Specialist 1 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 Theater Technical 1 18.9712 19.4454 19.9316 20.4299 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 Assistant 3,288.3340 3,370.5424 3,454.8059 3,541.1761 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 39,460.01 _ 40,446.51 41,457.67 _ 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 FINANCE Director of Finance 8 63.6155 65.2059 66.8361 68.5070 70.2197 71.9751 73.7745 75.6189 77.5094 79.4471 81.4333 83.4691 85.5558 87.6947 89.8871 11,026.6942 11,302.3616 11,584.9206 11,874.5436 12,171.4072 12,475.6924 12,787.5847 13,107.2743 13,434.9562 13,770.8301 14,115.1008 14,467.9783 14,829.6778 15,200.4198 15,580.4302 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 177,956.13 182,405.04 186,965.16 Assistant Director 2 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 62.0639 63.6155 65.2059 66.8361 of Finance 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 10,757.7504 11,026.6942 11,302.3616 11,584.9206 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 Fisol Services Manager 6 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 89,134.27 91,362.63 93,646.70_ 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 FINAN4-ACCOUl4TING Senior Accountant 4 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 Accountant 11 3 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 Accountant 1 3 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 _ 84,839.29 86,960.27 89,134.27 91,362.63 _ 93,646.70 95,987.86 CITY OF TEMECULA SALARY SCHEDULE AS OF January 8, 2019 Page 70113 Class Family / Title Level FINANCE- ACCOUNTING SUPPORT Accounting Support 4 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 Supervisor 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 Senior Accounting 3 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 Technician 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 Accounting Technician II 2 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 Accounting Technician I 2 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 Accounting Assistant 1 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 Cashier 1 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578 60 60,043.07 61,544.15 FINANCE - BUSINESS LICENSE Business License 4 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 Supervisor 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 64,659.82 66,276.31 67933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 Senior Business License 3 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 Technician 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 58,578.60 60,043.07 6544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 Business License 2 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 Technician 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 Business License 1 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 Assistant 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 _ 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 FINANCE - PAYROLL Payroll Manager 5 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 Payroll Administrator 4 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 Payroll Supervisor 4 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 Senior Payroll 3 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 Coordinator 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 Payroll Coordinator 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 4,422.4437 4533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 Payroll Technician 1 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388,3182 5,523.0262 5,661.1018 48,078.19 49,280.14_ 50,512.15 51,774.95_ 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 CITY OF TEMECULA SALARY SCHEDULE AS OF January 8, 2019 Pagegof 13 Class Family / Title Level 1.0 2.5 Salary Steps 3.5 4.0 FINANCE -PURCHASING anaaaaaams Purchasing Manager 5 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 I 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 Purchasing Supervisor 4 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 _ 39.7933 40.7881 41.8078 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 Senior Buyer 3 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 Buyer 11 2 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66 276.31 67,933.22 69,631.55 71,372.34 Buyer l 2 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 Purchasing Assistant 1 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 48,078.19 49,280.14 50,512 15 51,774.95 53,069.32 54,396.06_ 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 FIRE Field Supervisor - Fire 4 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 57.6325 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 9,989.6407 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 Senior Fire Inspector 4 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 7,427.8562 7,613.5526 7803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 93,646.70 89,134.27 91,36163 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 Fire Inspector II 2 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 Fire Inspector I 1 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 CITY OF TEMECULA SALARY SCHEDULE AS OF January 8, 2019 Page 9 of 13 1 1 1 a em T E � m n m a '741 O 1 ai H ~ 10 `8 0 amo m P � $ o C1 N 1�1 eov m 00 b m m � m $1N 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O N rs,1 Zit o m 1" 0 N ^m, M 23 8,74 824°,,= m 1.2 mzn g e e n °D 00.7. m � m IPo m � m ;5! b r! 7,1 0b ry $ N 46 Lf, E a for IT Specialist 5 CITY OF TEMECULA SALARY SCHEDULE AS OF January 8, 2019 Class Family / Title Level 1.r Salary Steps PUBLIC WORKS . • • Director of PW/City 8 68.5070 70.2197 71.9751 73.7745 75.6189 77.5094 79.4471 81.4333 83.4691 85.5558 87.6947 89.8871 92.1343 94.4376 96.7986 Engineer 11,874.5436 12,171.4072 12,475.6924 12,787.5847 13,107.2743 13,434.9562 13,770.8301 14,115.1008 14,467.9783 14,829.6778 15,200.4198 15,580.4302 15,969.9410 16,369.1895 16,778.4193 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47. 165,249.96 169,381.21 173,615.74 177,956.13 182,405.04 186,965.16 191,639.29 196,430.27 201,341.03 PUBLIC WORKS - CUSTODIAL Custodian 11 2 16.5044 16.9133 17.3378 17.7704 18.2185 18.6746 19.1386 19.6181 20.1057 20.6088 21.1279 (Y-R4te) 2,860.7600 2,931.6400 3,005.2200 3,080.2000 3,157.8700 3,236.9300 3,317.3500 3,400.4700 3,484.9800 3,572.1900 3,662.1700 34,329.12 35,179.68 36,062.64 36,962.40 37,894.44 38,843.16 39,808.20 40,805.64 41,819.76 42,866.28 43,946.04 Custodian II 2 15.9598 16.3588 16.7677 17.1869 17.6166 18.0570 18.5084 18.9712 19.4454 19.9316 20.4299 2,766.3611 2,835.5201 2,906.4081 2,979.0683 3,053.5450 3,129.8837 3,208.1308 3,288.3340 3,370.5424 3,454.8059 3,541.1761 33,196.33 34,026.24 34,876.90 35,748.82 36,642.54 37558.60 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 Custodian 1 1 14.4588 14.8202 15.1907 15.5705 15.9598 16.3588 16.7677 17.1869 17.6166 18.0570 18.5084 2,506.1866 2,568.8413 2,633.0623 2,698.8889 2,766.3611 2,835.5201 2,906.4081 2,979.0683 3,053.5450 3,129.8837 3,208.1308 30,074.24 30,826.10 31,596.75 32,386.67 33,196.33 34,026.24 34,876.90 35,748.82 36,642.54 37,558.60 38,497.57 PUBLIC WORKS - ENGINEERING Engineering Manager 7 59.0734 60.5502 62.0639 63.6155 65.2059 66.8361 68.5070 70.2197 71.9751 73.7745 75.6189 77.5094 79.4471 81.4333 83.4691 10,239.3817 10,495.3663 10, 757.7504 11,026.6942 11,302.3616 11,584.9206 11,874.5436 12,171.4072 12,475.6924 12,787.5847 13,107.2743 13,434.9562 13,770.8301 14,115.1008 14,467.9783 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 161,219.47 165,249.96 169,381.21 173,615.74 Principal Civil Engineer 6 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 62.0639 63.6155 65.2059 66.8361 68.5070 70.2197 71.9751 73.7745 756189 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 10,757.7504 11,026.6942 11,302.3616 11,584.9206 11,874.5436 12,171.4072 12,475.6924 12,787.5847 13,107.2743 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,320.33 135,628.34 139,019.05 142,494.52 146,056.89 149,708.31 153,451.02 157,287.29 Senior Civil Engineer 5 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 62.0639 63.6155 65.2059 66.8361 68.5070 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 10,757.7504 11,026.6942 11,302.3616 11,584.9206 11,874.5436 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 129,093.01 132,32533 135,628.34 139,019.05 142,49452 Associate Civil Engineer 4 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276,3745 9,508.2839 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 Associate Engineer II 4 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 Associate Engineer I 3 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 Assistant Engineer II 2 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 5,802.6294 5,947.6951 6,095.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 Assistant Engineer I 2 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 Engineering Technician II 1 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 60,043.07 61,544.15 63,082.75 6,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 Engineering Technician I 1 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 _ 69,631.55 71,372.34 73,156.65 Page 11 of 13 CITY OF TEMECULA SALARY SCHEDULE AS OF January 8, 2019 Class Family / Title LeveI PUBUC WORKS- INSPECTIONS - - . .r .r 5.5 6.0 Construction Manager 4 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 Supervising PW Inspector 4 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 Senior PW Inspector 3 32.2230 33.0245 33.8500 34.6994 35.5640 36.4527 37.3650 38.3007 39.2599 40.2426 41.2493 (Y -Rate) 5,585.2400 5,724.8700 5,868.0000 6,014.7000 6,165.0700 6,319.2000 6,477.1800 6,639.1000 6,805.0800 6,975.2100 7,149.5900 67,023.01 68,690.96 70,408.00 72,174.75 73,973.12 75,821.62 77,719.20 79,665.46 81,660.59 83,704.61 85,798.54 Senior PW Inspector 3 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 PW Inspector 112 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67933.22 69,631.55 71,372.34 73,156.65 PW Inspector 1 1 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 _ 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 PUBLIC WORKS - LANDSCAPE Maintenance S4per4sor- 5 Landscape 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 6,729.2711 80,751.25 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,09941 Field Supervisor - Landscape 4 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 Senior Landscape Inspector 3 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 Landscape Inspector 112 28.8669 29.5885 30.3282 31.0865 318636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 Landscape Inspector 1 1 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82- 66,276.31 67,933.22 69,631.55 PUBLIC WORKS - MAINTENANCE Maintenance Manager 7 43.9243 7,613.5526 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 62.0639 91,362.63 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 10,757.7504 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 106601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,944.40 Maintenance 6 Superintendent 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 129,093.01 562269 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,31649 114,099.41 Maintenance Supervisor 5 36.0508 6,248.7972 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 496964 116,951.89 50.9388 74,985.57 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 6614.0359 8,8293868 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 Field Supervisor- 4 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 Maintenance 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 Lead Maintenance Worker 3 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 53,069.32 54,396.06 55,755.96 57149.86 58,578.60 60,043.07 61,544.15 63082.75 64,659.82 66,276.31 67,933.22 Maintenance Worker 11 2 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 Maintenance Worker I 1 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 3,629.7055 1720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 __ 53,069.32 54,396.06 55,755.96 Page 12 01 13 Class Family / Title Level CITY OF TEMECULA SALARY SCHEDULE AS OF January 8, 2019 PUBDC WORKS -FAODTIES ., a�='X Ir'Mi Field Supervisor -Facilities 4 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 63,082.75 64,659.82 66,276.31 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 Lead Maintenance Worker- 3 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 Facilities 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66276.31 67,933.22 69,631.55 71,372.34 73,156.65 Maintenance Worker 11 - 2 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 29.5885 30.3282 31.0865 31.8636 Facilities 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 5,128.6788 5,256.8958 5,388.3182 5,523.0262 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 61,544.15 63,082.75 64,659.82 66,276.31 Maintenance Worker l-1 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 Facilities 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 PUBLIC WORKS - SIGNALS Maintenance Supervisor - s Signal 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 52.2122 53.5175 54.8555 56.2269 57.6325 59.0734 60.5502 62.0639 7,613.5526 91,362.63 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 9,050.1215 9,276.3745 9,508.2839 9,745.9910 9,989.6407 10,239.3817 10,495.3663 10,757.7504 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 108,601.46 111,316.49 114,099.41 116,951.89 119,875.69 122,872.58 125,94440 129,093.01 Field Supervisor - Signal 4 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 47.3017 48.4843 49.6964 50.9388 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 8,198.9634 8,403.9375 8,614.0359 8,829.3868 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 98,387.56 100,847.25 103,368.43 105,952.64 Senior Signal Technician36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 42.8530 43.9243 45.0225 46.1480 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 7,427.8562 7,613.5526 7,803.8914 7,998.9887 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 89,134.27 91,362.63 93,646.70 95,987.86 Signal Technician II 2 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 40.7881 41.8078 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 7,069.9404 7,246.6889 67,933.22 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 84,839.29 86,960.27 Signal Technician I 2 31.0865 31.8636 32.6602 33.4767 34.3136 35.1715 36.0508 36.9520 37.8758 38.8227 39.7933 5,388.3182 5,523.0262 5,661.1018 5,802.6294 5,947.6951 6,096.3875 6,248.7972 6,405.0171 6,565.1425 6,729.2711 6,897.5028 64,659.82 66,276.31 67,933.22 _ 69,631.55 71,372.34 73,156.65 74,985.57 76,860.20 78,781.71 80,751.25 82,770.03 SUPPORT SERVICES Support Services 4 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 26.8057 27.4759 28.1628 28.8669 Supervisor 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 4,646.3299 4,762.4881 4,881.5503 5,003.5891 46,905.55 48,078.19 49,28014 50,512.15 51,774.95 53,069.32 54,396.06 55,755.96 57,149.86 58,578.60 60,043.07 Senior Support Services 3 20.4299 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 24.2847 24.8918 25.5141 26.1520 Technician 3,541.1761 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 4,209.3456 4,314.5792 4,422.4437 4,533.0048 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 50,512.15 51,774.95 53,069.32 54,396.06 Support Services Technician 2 18.5084 18.9712 19.4454 19.9316 20.4299 20.9406 21.4641 22.0007 22.5507 23.1145 23.6924 3,208.1308 3,288.3340 3,370.5424 3,454.8059 3,541.1761 3,629.7055 3,720.4481 3,813.4593 3,908.7958 4,006.5157 4,106.6786 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 45,761.51 46,905.55 48,078.19 49,280.14 Support Services Assistant 1 16.7677 17.1869 17.6166 18.0570 18.5084 18.9712 19.4454 19.9316 20.4299 20.9406 21.4641 2,906.4081 2,979.0683 3,053.5450 3,129.8837 3,208.1308 3,288.3340 3,370.5424 3,454.8059 3,541.1761 3,629.7055 3,720.4481 34,876.90 35,748.82 36,642.54_ 37,558.60 38,497.57 39,460.01 40,446.51 41,457.67 42,494.11 43,556.47 44,645.38 Page 13 of 13 Item No. 13 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: January 8, 2019 SUBJECT: Approve the First Amendment to the Agreement with Esgil for Plan Check Services for Fiscal Year 2018-19 PREPARED BY: Theresa Harris, Community Development Processing Supervisor RECOMMENDATION: That the City Council: 1. Approve the First Amendment to the Agreement with Esgil in the amount of $150,000, for a total agreement amount of $350,000, for Plan Check Services for Fiscal Year 2018-19; 2. That the City Council approve an appropriation in the amount of $150,000. BACKGROUND: Building and Safety contracts outside plan review consulting services with Esgil. Plan review services include accurate code interpretation, review of construction plans for all applicable code disciplines, and identification of areas of noncompliance. Using an outside consultant allows the City to provide high quality customer service, and efficient turnaround time. Due to the increased volume of new commercial submittals and a large apartment complex, an increase in the agreement is necessary to allow Esgil to continue to provide Building and Safety Department with plan check services. FISCAL IMPACT: for by the applicant. There is no fiscal impact to the City. Plan check services are paid ATTACHMENTS: First Amendment with Esgil FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ESGIL CORPORATION PLAN REVIEW SERVICES THIS FIRST AMENDMENT is made and entered into as of January 8, 2019 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Esgil, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2018, the City and Consultant entered into that certain Agreement entitled "Agreement for Plan Review Services," in the amount of $200,000.00. b. The parties now desire to, increase the payment in the amount of $150,000.00, and to amend the Agreement as set forth in this Amendment. 2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed One Hundred Fifty Thousand Dollars and No Cents ($150,000.00), for additional Plan Review Services for a total Agreement amount of Three Hundred Fifty Thousand Dollars and No Cents ($350,000.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Esgil Corporation (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Matt Royer, Chief Operating Officer ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Tom Wilkas, Chief Financial Officer Peter M. Thorson, City Attorney CONSULTANT Esgil Corporation Kurt Culver 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 858-560-1468 Phone 858-560-1576 Fax KCluver@Esgil.com 2 PM Initials: Date: ( Item No. 14 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 8, 2019 SUBJECT: Approve an Agreement with Fairview Ford Sales, Inc. for the Purchase of One (1) Ford F-550 XL Sign Truck PREPARED BY: Julie Tarrant, Sr. Management Analyst RECOMMENDATION: That the City Council approve an Agreement with Fairview Ford Sales, Inc., in the amount of $101,793.98, for the purchase of one (1) Ford F-550 XL Super Duty Chassis Cab and Utility Bed with Equipment. BACKGROUND: On October 11, 2018, the Public Works Department electronically posted on the City of Temecula's online bidding service Planet Bids, a Request for Quote-RFQ No. 037, for the purchase of a new Ford F-550 SL Super Duty Chassis Cab and Utility Bed with Equipment. The solicitation specified both standard equipment, and specialized equipment to include a F-550 4x2 dual wheel chassis, Pacific Model #146482056 S, with expanded metal material baskets, side type ladder holders, tubing uprights, inverter and auxiliary battery, GFI plug, and Wanco arrow message board. We received two (2) quotes by the submission deadline on November 8, 2018. The solicitation also included the provision for Local Vendor Preference Program, which does not affect the results of the lowest responsive bid. Two vendors responded and provided the following quotes: 1. 2. Fairview Ford Sales, Inc. 1 $101,793.98 Raceway Ford $101,851.77 The purchase of this vehicle will replace Unit #01-065, 2001 Utility Sign Truck for the Streets Maintenance Division. Pursuant to the City's purchase policy, staff recommends the authorization of the purchase of one (1) Ford F-550 SL Super Duty Chassis Cab and Utility Bed with Equipment. FISCAL IMPACT: The purchase of one (1) Ford F-550 SL Super Duty Chassis Cab and Utility Bed with Equipment is included, and adequate funds are available in the Fiscal Year 2018-19 Annual Operating Budget, Capital Outlay Vehicle Replacement Fund. ATTACHMENTS: Purchase Agreement — Fairview Ford Sales, Inc. AGREEMENT FOR PURCHASE OF VEHICLE BETWEEN CITY OF TEMECULA AND FAIRVIEW FORD SALES, INC. FORD F-550 XL SUPER DUTY CHASSIS CAB AND UTILITY BED WITH EQUIPMENT (RFQ 037) THIS AGREEMENT is made and effective as of January 8, 2019, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Fairview Ford Sales, Inc., a Corporation (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on January 8, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2019, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF VEHICLE On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Vendor agrees to sell and deliver to City a Ford F-550 XL Super Duty Chassis Cab and Utility Bed with Equipment, as more particularly described in Exhibit A, Description of Equipment or Vehicle (hereinafter referred to as "Equipment"), attached hereto and incorporated herein as though set forth in full. 3. PURCHASE PRICE The Purchase Price, which City agrees to pay to Vendor for the Equipment is One Hundred and One Thousand, Seven Hundred Ninety -Three Dollars and Ninety -Eight Cents ($101,793.98). The Purchase Price is final and shall be paid by City to Vendor in accordance with the following schedule: (1) vehicle at $101,793.98 paid by City to Vendor within thirty (30) days upon receipt of non -disputed invoice. 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title, License and Operating Condition. Vendor has good and marketable title to all of the Equipment. All of the Equipment is free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the 09/19/2018 Equipment is in good operating condition, is free of any defects, and is in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Vendor is aware that City is purchasing the Equipment for use as City fleet vehicle, and that City is relying on the warranties of the Vendor that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before December 31, 2019. 6. PLACE OF DELIVERY The Equipment shall be delivered to the following location: City of Temecula Field Operations Center 43230 Business Park Dr. Temecula, CA 92590 7. TITLE AND RISK OF LOSS Title to and the risk of loss, damage and destruction of the Equipment shall remain with the Vendor until after inspection and acceptance of the Equipment by City. 8. INSPECTION AND ACCEPTANCE City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 9. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "Acceptance" above, City may, at its option, (1) reject the whole of the Equipment, (2) accept the whole of the Equipment, or (3) accept any commercial unit or units of the Equipment and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 2 09/19/2018 10. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Software tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Software or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 11. INDEMNIFICATION Vendor agrees to defend, indemnify, protect, and hold harmless, the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 12. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: • Description of Equipment (from the Request for Proposal (RFP), attached hereto as Exhibit A • Quotation to the Request for Proposal (RFP), attached hereto as Exhibit B b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and/or the Vendor's response to the RFP, this Agreement shall prevail over the RFP and the Vendor's response to the RFP. 13. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 14. SURVIVAL OF RERESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 3 09/19/2018 15. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations, which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 16. ASSIGNMENT The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. Upon termination of the Agreement, Vendor's sole compensation shall be payment for actual equipment received. 17. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or Vendor's sub -Contractors for this project, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, the proceeds thereof or in the business of the Vendor or Vendor's sub -Contractors on this project. Vendor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT; MODIFICATION; WAIVER This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Agreement Documents shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Agreement Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 20. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage 4 09/19/2018 prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: 21. EFFECTS OF HEADINGS City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Fairview Ford Sales, Inc. Attn: Todd Eff 292 N. G Street San Bernardino, CA 92402 The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 22. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 23. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 5 09/19/2018 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA FAIRVIEW FORD SALES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: 1114 41Z Nick DePa quale, President Ron Pearce, Secretary Peter M. Thorson, City Attorney VENDOR Fairview Ford Sales, Inc. Todd Eff 292 N. G Street, San Bernardino CA 92402 909.386.0281 teff@jairviewford.com 6 09/19/2018 PM Initials: Date: EXHIBIT A DESCRIPTION OF VEHICLE (1) Ford F-550 XL Super Duty Cassis Cab and Utility Bed with Equipment NO ITEM DESCRIPTION SPECIFICATION INCLUDED (YES/NO) 1 S-0Ss Vet*: e Weight Rating (GVWR) tvLvnwm. 19.COC Its Yi 2 ayload Capacr 12,666 lbs YF En0ine V-10 Gasoline powered meeting all current regulations Heavy Duty Cooling 175 APM alternator (minimum) YE 4 Cab Regular Cab Conventional Steel Electric Horn Windshield - Laminated Glass All Tinted Mirrors • Dual Rear Vew Windshield Wipers — Intermitted Variable Speed Mirror 12" daylmght Sun Visors Vent Windows Seats — High Back with 2 Head Restraints Seats — Vinyl, Beige or Gray Padded rubber floor mats Left and Right Arm Rests Instrument Gauge Switch Warning Devices Direct Read Speedometer Tachometer Oil Pressure Water Temperature Voltmeter and Hour Meter NI/ 7 09/19/2018 NO. ITEM DESCRIPTION SPECIFICATION D NCLUDED (YES/NO) ick up A13rrr Factory Au Conditioner Airbag - Driver Side Only Yc2, 4 5 Trim 1 Drvel€nes F-550 XL 4X2 40/20/40 Split Front Seat Steel HD Vinyl y� 6 Transmission ToroShift 5 -Speed Automatic Transmission Oil Cooler Off Radiator YES- 7 Tires and Wheels Rated to maximum GVWR 6 Steel Belted Radials (all season) Minimum 10 -Hole Disc 6.0 Steel Wheels� yt.:,L.- 8 Chassis F-550 drw 4X2 Wheelbase 189" (approximate) Cab to Axle 84" Front Bumper -Full Width 2 Tow Hooks Mounted to Frame Front Axle -5,000 lbs. Heavy -Duty Gas Shocks 1.25" Stabilizer Bar Rear Axle (11,000 lbs minimum) Frame -36,000 PSI Steel Top of Cab to Ground - 80.7" Top of Frame to Ground - 33.4" -- Axle Clearance - 8.4" Front Track - 74.8" Rear Tire - outside width 93.9" Overall Length - 250 5" Max. GVWR 19,500 (lbs.) Max Payload 12,666 (lbs.) yids /67" Y6 �J `/ 6 9. Cobr Oxford White �- 10 Packages High -Capacity Trailer Package PA Wal 114C, 8 09/19/2018 NO. ITEM DESCRIPTION SPECIFICATION INCLUDED iYES/NO) 11. Irterior i - AM/FM Stereo with Two Speakers Digital Clock Manual Climate Controls Auto Door Locks Black Vinyl Flooring Manual Day/Night Rearview Mirror Manual TiltlTelescoping Steering Column Black Urethane with Three Button Message Center Control Steering Wheel Visors with Passenger Mirror Rear Window - Fixed Power Windows Bluetooth Capable ( u ) Y� V Vi- `" 12. Factor/Dealer Warranties Furnish with Vehicle Upon Delivery 13. Owners Manual Furnish with Vehicle Upon Delivery � - - - - -, y Yr___ 14. Regist-ation ;Exempt) Dealer to Process all necessary DMV Registration Papers (No Charge for Exempt Registration) 15. Fuel Tank 40 US Gallon �..s 16. Fuel gasoline Standard ES 17. Keys 5 Seas of Vehicle Keys, with Keyless Entry Y(S 18. Brakes ABS Full Power Assisted 4 -Wheel Disc Brakes Brake on real. fool operated hand release yEsParking 9 09/19/2018 NO. 19 ITEM Pacific Mooel #146482056 S DESCRIPTION Built for 84' C.A dual wheel chassis Body to be 146' long x 96' wide x 48' high. Compartment depth 20". Floor width 56' Body construction to have 14 gauge electro galvanized construction including end pane's and compartment buttons Understructure: The front cross member must be 4' high x a minimum on 3116' thick The rear cross member and the (2) through members fore and aft in the wheel well area will be 10 gauge There shall be a fifth 10 gauge channel member located over the ax. e Legs of this channel shall be facing downward There shall be additional 14 gauge 'hat' section members on approximately 8' centers. Additionally the rear cross member shalt be braced with (2) 10 gauge corner gussets lust below the member Al (4) corners, front and rear, will have addr cra lap gussets Shelving must be 18 gauge heavy spangled galvanizec steel with rolled edges for strength and safety. Removable and all adjustable. with single center point lock it place system Shelves must be full width of compartments wall to wall no exceptions Hat type shelf hangers are not acceptable Doors must be double panel, triple sea; construction with full neoprene seal cushion allowing no metal to metal contact between door and bony. to insure water tightness. Doors must have 18 gauge outer skin and 20 gauge inner skin All weather stripping mount locat ons must be chancel type to add greater strength to the body framework. Single flange type not acceptable. Doors must have full length gutter rail to channel water away from door openings. Door hinges must be rolled type 5/16' rod. Hinge end sockets with nylon bushing. Weather stripping must be '0' shaped 5f8" x 7/16' exceeding ind. stry standard for maximum protection from moisture No exceptions. 100% of body underside must be undercoated with heavy duty under seal, and alt body seams must have heavy caulking for better noise resistance, water seal and rust prevention. All vertical doors to nave double spring over center door stays Pneumatic gas type are not acceptable SPECIFICATION INCLUDED (YES/NO) 10 09/19/2018 NO. ITEM r DESCRIPTION SPECIFICATION INCLUDED (YES(N O) Lock pockets must be polished star!ILs:; steel with chromed twist •T' handles on all doors, fully recessed from door to surface with three ccint door locking system and push button type lock cylinders No exceptions, The wheel wells must be aluminum extruded and mechanically fastened (No exceptions) Body must have overlapping vertical flanges at all compartment back seams. End panels must have top and bottom flanges at 90 degrees to eliminate distortion or bowing in the end panels Floor must be 12 gauge heavy duty diamond plate Body must be pretreated with high temperature phosphate before priming, for solid adhesion to zinc coated metal The rear step bumper must be 10 gauge formed 4' channel with a 13' diamond plate step The kick plate shall be punched to house the stop. turn, and back up lights The bumper shall be powder coated argent grey no exceptions YE-,S 20 Service Body C.S. #1 bottom compartment to be 60' long x 24' high x 20" deep and shall have a drop down door and remain empty. C.S. #1 upper compartment to be 36' long x 38` deep x 42' high and shall be divided into 2 sign slots full width C S #2 upper compartment to be 24" long x 20' deep x 42' high with (2) each adjustable shelves. C S. #3 horizontal compartment to be 56' long x 25' high x 20' deep with (1) each full width rollout drawer platform at bottom, (1) each center partition. (4) each 3" deep 250# capacity rollout drawers with metal dividers stacked from top in forward section and (1) each 9 drawer unit in rear section C.S. #4 vertical compartment to be 30' long x 48' high x 20' ceep and snail include (1) each 500# bottom rollout platform 901b jack hammer stand and (1) each 4 station clay spade holder C S #5 bottom compartment to be 18' Tong x 20' deep x 23" high and located at rear of wheel well cutout and shall contain (1) each adjustable shelf S.S 01 upper compartment to be 90' long x 25' high x 20' deep with a false panel 13" long in front and a false panel 23' long at rear and shall remain empty S.S #1 bottom compartment to be 60" long x 23' high x 20' deep and shall have double swing out doors and shall remain empty YE...7-.._, 11 09/19/2018 NO. ITEM DESCRIPTION SPECIFICATION I INCLUDED (YES/NO) S.S. #2 upper compartment to be 56—Tong x 25 high x 20' deep and shall have double swing out doors and (2) each adjustable shelves S.S. #2 bottom compartment 10 be 56' x 23' high x 20' deep and shall have double swing out doors and (1) each adjustable shelf Rear tailgate shall be double panel of 14 gauge construction and must hinge to curbside (1) each internal lock bar system installed Bed area to have a false floor 4' I D. for sign post material Fabricate (1) each expanded metal material basket on C.S. compartment top 86' long x 12' high x 20' high Fabricate (1) each expanded metal material basket 146' long x 12' high x 20' deep on S S Fabricate and install (1) each set of (3) each side type ladder holders to overhang over top of C.S. material basket evenly spaced Racks to be constructed of 2" x 2" tubing and each shall have a heavy d-rirg and yoke dust above compartment top height Fabricate aid install (1) each set or (3) each 2" x2' tubing uprights spaced the same as the C.S ladder holders with the same heavy D -ring and yokes on S S. of bed area Uprights are to be 23' high Furnish and install (1) each dimension invertor model #'213000N 3000 Watt pure sine wave wth auxiliary battery in S S rear bottom compartment Furnish and install (1) each GFI plug to C.S. at rear Furnish and install (1) each Wanco arrow board model #WFP180B6-LSAC 36' x 72", 25 L E.D. lamp suspended from headboard overhanging top of cab with controller installed within easy operation of driver Furnish and install (2) each Ecco # L.E.D. strobe lights installed 1 on each side of arrow board and wired to factory uptitter switches The entire bed shall be spray lined Furnish all L.E D. legal lighting to meet FMVSS requirements • 12 09/19/2018 EXHIBIT B QUOTATION VENDOR INFORMATION Name of Vendor: Address: fk,Etv fit, Phone: E -Mail: l ,CIaysE JJ COM) FORD F-550 XL SUPER DUTY CHASSIS CAB Make: Model: Year: Color: obi F533 9ol UTILITY BED Make: Model: Pci9c7kr..k1 r �P iT C'�Toiv Year: Color: 13 09/19/2018 PRICE Vehicle Price: S c1SJ9q- Equipment Price: Sples!Tax: 60E - TOTAL PRICE: $ 1. Costs stated within the Unit Sales Price are all inclusive for Specifications listed. 2. The price is to include one complete Technical Services Manual for the truck and all other equipment plus one parts book and Owner's Manual for unit supplied. 3. Price quoted shall include all delivery and unloading charges. �4. Upon delivery, the vendor shall provide a minimum of five hour on the job training for operators and mechanics. 5. The equipment furnished under this contract shall be completely services by the vendor prior to delivery. It shall be ready for operation when delivered. Any further servicing by the vendor will not be required except in connection with repairs or adjustments covered by the marufacturer or dealer's warranty. r 6. The vehicle furnished shall be new and unused, current model with standard factory fittings. trim and accessories unless otherwise noted. 7. Signing this Proposal guarantees delivery within 245 days of receipt of Purchase Order. PRINT NAME OF AUTHORIZED /-(YA-7/: REPRESENTATIVE: Eff— SIGNATURE: I� 14 09/19/2018 Item No. 15 Approvals City Attorney Director of Finance City Manager (y ' CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 8, 2019 SUBJECT: Approve an Agreement for Maintenance Services with U.S. National Corp for Painting Maintenance Services PREPARED BY: Julie Tarrant, Sr. Management Analyst RECOMMENDATION: That the City Council approve an Agreement for Maintenance Services with U.S. National Corp, to provide annual Painting Maintenance Services for Fiscal Year 2018-19. BACKGROUND: On September 25, 2018, the Public Works Department Maintenance Division posted on the City of Temecula's on line bidding services, Planet Bids, a Request for Proposal (RFP) No. 229, for painting maintenance services. These services will provide for annual painting of interior and exterior surfaces at parks and facilities, including on- call and emergency call -out services, as needed, throughout the city. The Public Works Department received nine (9) electronic and two (2) paper proposals. Selected panel members reviewed each proponents submittals and collectively determined that U.S. National Corp., to be the most qualified and competitively priced vendor to provide annual painting maintenance services. Staff is recommending the approval of an agreement with U.S. National Corp., for annual painting maintenance services, beginning Fiscal Year 2018-19, with an option to extend the terms of the agreement for an additional four (4) one year terms. FISCAL IMPACT: The cost for annual painting maintenance services will be applied to various cost centers, as services are rendered for each facility or park site, and adequate funds are available in both the Capital Improvement Program (CIP) Fiscal Years 2019-23 and Annual Operating Budget Fiscal Year 2018-19. ATTACHMENTS: Agreement — U.S. National Corp. AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN CITY OF TEMECULA AND U.S. NATIONAL CORP PAINTING MAINTENANCE SERVICES THIS AGREEMENT is made and effective as of January 8, 2019, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and U.S. National Corp, a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on January 8, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2019, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) one (1) year term(s). In no event shall the contract be extended beyond June 30, 2023. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Thousand Dollars and No Cents ($200,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor 1 04/18/2018 shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http.//www dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 8. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor 2 04/18/2018 Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir. ca gov/Public-Works/PublicWorks.html 9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 10. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement. it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 11. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of 3 04/18/2018 Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 12. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of 4 04/18/2018 Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers. officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mai! thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City 's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 13. TIME OF THE ESSENCE Time is of the essence in this Agreement. 14. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, 5 04/18/2018 employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 16. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 6 04/18/2018 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Contractor: 23. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 U.S. National Corp Attn: Mary Martinez 10205 San Fernando Rd Pacoima, CA 91331 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights 7 04/18/2018 under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 8 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA U.S. National Corp (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Fre • Jimenez, President ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: t Matilde Jimenez, Secret ry Peter M. Thorson, City Attorney CONTRACTOR US National Corp Contact Person: Mary Martinez 10205 San Fernando Rd Pacoima, CA 91331 818-686-2166 maryg@usnationalcorp.com 9 04/18/2018 PM Initials: Date: EXHIBIT "A" SCOPE OF WORK Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for future painting services at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows: 1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 10 04/18/2018 EXHIBIT "B" PAYMENT RATES AND SCHEDULE PRICING FEE SHEET FOR PAINTING MAINTENANCE SERVICE Regular Hourly Rates Monday -Friday (Barn to 5pm) 414 00 per how After Hours Rate Monday — Friday iii D() per hour Weekend Rate OD per hour Holiday Rate 4 qv Q} per hour Markup of materials above vendor cost It % Other tees or charges Availability 1 Can the Contractor provide 24 -hours on call-onergency coverage? (YIN) 2. Response time to an emergency call? G %Oitr< 3. Response time for non -emergency request for service? 1 e hey Submission Acknowledosment,- Contractor Signature `T/ I�r� rl Print Name and Title_ _ _ _� r /i�.�/k2 _ 4terA4v&r /7J4/,ti7t,iC Business Name US Date__ ii%s/milt 11 04/18/2018 Item No. 16 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 8, 2019 SUBJECT: Approve an Agreement for Consultant Services with Michael Baker International, Inc., for the Traffic Signal and Park and Ride Access Improvements, PW18-11 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Laura Bragg, Associate Engineer II RECOMMENDATION: That the City Council: 1. Approve an Agreement for Consultant Services with Michael Baker International, Inc. in the amount of $227,244, for the Traffic Signal and Park and Ride Access Improvements, PW 18-11; 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $22,724.40, which is equal to 10% of the Agreement amount. BACKGROUND: The Temecula Park and Ride Project was completed and opened to the public in November 2018. A grand opening ceremony was held on Monday, November 5, 2018. The City has agreed to pursue public improvements that will upgrade the access to the Park and Ride site by relocating the temporary entrance on Vallejo Avenue to an improved access at the intersection of Temecula Parkway and Wabash Lane. The design will include the necessary improvements to relocate the existing access from Vallejo Avenue to the intersection of Temecula Parkway at Wabash Lane, including the installation of a traffic signal on Temecula Parkway at Wabash Lane, and close off the temporary entrance at Vallejo Avenue. Staff solicited proposals for these professional services (Request for Proposal No. 228) via the City's online bidding service, PlanetBids. On August 31, 2018, the City received three proposals from the following highly qualified and specialized firms: 1. Michael Baker International, Inc. 2. Engineering Resources of Southern California, Inc. 3. NV5, Inc. Selected panel members reviewed all submittals and collectively determined that Michael Baker International, Inc. (MBI) to be the most qualified and competitively priced firm. Subsequently, staff finalized the terms of the attached agreement through negotiations with MBI. MBI has assembled a project team of engineers, architects, and environmental/cultural resource specialists to provide an experienced knowledgeable and well-qualified group of professionals that plan to design and support the development of the Traffic Signal and Park and Ride Access Improvements. MBI's project team was selected based on experience and for their expertise on such projects. MBI and their team recently completed the design for the Park and Ride facility and have provided engineering support for several past and present projects in the City as well as many similar projects throughout the region. FISCAL IMPACT: The Traffic Signal and Park and Ride Access Improvements project is in the City's Capital Improvement Program (CIP) Budget for Fiscal Year 2019-23. It is funded with Measure S, General Fund, and Developer's Contributions. Adequate funds are available in the project accounts for the agreement amount of $227,244.00, plus a 10% contingency of $22,724.40, for a total obligation of $249,968.40. ATTACHMENTS: 1. Agreement 2. Project Description 3. Project Location AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND MICHAEL BAKER INTERNATIONAL INC. DESIGN OF TRAFFIC SIGNAL AND PARK & RIDE ACCESS IMPROVEMENTS, PW18-11 THIS AGREEMENT is made and effective as of January 8, 2019, between the City of Temecula , a municipal corporation hereinafter referred to as "City"), and Michael Baker International Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on January 8, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2020, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub- contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 5. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to httpi/www.dir.ca.gov/Public-Works/PublicWorks.html 6. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Hundred Twenty Seven Thousand Two Hundred Forty Four dollars ($227,244) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 8. DEFAULT OF CONSULTANT a. The Consultant failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 9. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. c. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A, without the written consent of the Consultant. 10. INDEMNIFICATION, HOLD HARMLESS, AND DUTY TO DEFEND a. Indemnity for Design Professional Services. In the connection with its design professional services, Consultant shall hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively, "Indemnitees"), with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including reimbursement of attorneys' fees and costs of defense (collectively, "Claims" hereinafter), including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate in whole or in part to the negligence, recklessness, or willful misconduct of Consultant or any of its officers, employees, sub -contractors, or agents in the performance of its professional services under this Agreement. b. Other Indemnities. In connection with any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys' fees and costs of defense (collectively, "Damages" hereinafter) not covered by Paragraph 9.a. above, Consultant shall defend, hold harmless and indemnify the Indemnitees with respect to any and all Damages, including but not limited to, Damages relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Consultant or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Damages with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Consultant duty to defend pursuant to this Section 9.b. shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions of Indemnitees." 11. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability form No. CG 00 ii. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non - owned auto endorsement to the General Liability policy described above is acceptable. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. iv. Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than 1. General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. in aggregate. 4. Professional Liability Coverage: One million ($1,000,000) per claim and c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant's products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 14. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 15. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 16. ASSIGNMENT Michael Baker International Inc. Attn: Mark Doty 40810 County Center Drive, Suite 2000 Temecula, CA 92591 ThOe Consultant shall not assign the performance of this Agreement, nor any part thereof,000 nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 17. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 18. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub- contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 20. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 21. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non - substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non - monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA MICHAEL BAKER INTERNATIONAL, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor ATTEST: By: By: RANDI JOHL, CITY CLERK APPROVED AS TO FORM: By: -y' Jo D. Tanner, PE, Vice President/Office Manager Mark Doty, PE, Project Manager Peter M. Thorson, City Attorney Consultant Michael Baker International Inc. Mark Doty 40810 County Center Drive, Suite 200 951 676-8042 951 676-7240 MDOTY@mbakerintl.com PM Initials: Date: EXHIBIT A TASKS TO BE PERFORMED The specific elements (scope of work) of this service include: SCOPE OF SERVICES SURVEY & CONTROL TASK 1.0 RECORD DATA MAP PREPARATION In order to include and plot the record position of the project boundary in approximate orientation with a specific coordinate system, compiled aerial topographic base data or other overlay features, Michael Baker shall perform the following tasks: • Michael Baker shall use existing Record Data maps, extend the existing base map to display an additional 1000' of Temecula Parkway and the intersection of Wabash Lane. Michael Baker shall perform research of the available public records via on-line services to obtain maps and other items that affect the boundary location of the property; Michael Baker shall prepare a preliminary record data map to be used by the field survey crew to search for a sampling of boundary monuments; Michael Baker shall perform a field survey of said monuments in order to establish orientation of the record survey data in relation to the coordinate system used in the topographic mapping; • Michael Baker shall plot the record boundary lines on the aerial base map, with the understanding of the Client that said record boundary is NOT the result of a comprehensive boundary survey and analysis, and that it's orientation may disagree substantially from the position determined by a full boundary survey and analysis; The budget for this scope of work is based upon an assumption that adequate and accessible boundary monumentation exists in the immediate project vicinity to control this record data survey. Any cost associated with the preparation and processing of a Record of Survey Map, if one becomes necessary as a legal requirement, shall be covered by Client. TASK 2.0 FIELD TOPOGRAPHIC SURVEY Michael Baker shall perform a field topographic survey and prepare a topographic map of the project site to be used as the base map for engineering design. The following items will be needed for the project: Locate existing ground conditions on the vacant site, southeast of the existing park and ride. • Extend topography on the north side of Temecula Parkway an additional 600', including curb locations, and all existing utilities • Utilizing a 2 -man crew, locate the median on Temecula Parkway, approximately 800' • Utilizing a 2 -man crew, locate the existing curbs and median locations on Wabash Lane, approximately 100' TASK 3.0 LEGAL DESCRIPTION & EXHIBIT PREPARATION Michael Baker shall prepare a legal description document and corresponding plat exhibit for the proposed access easement for the project. The property lines used as controlling lines for the easement location will be calculated from record information. Michael Baker shall also prepare traverse closure reports to verify proper geometric figure closure within required tolerances and to determine area inside the perimeter of the land described. Client shall provide Michael Baker with an up to date title report for parcel(s) affecting the legal boundary of the land to be described. It is assumed that the preparation of conveyance documents (deeds), performance of title work, acquisition and recording services, or government processing will be the responsibility of the local agency, the Client, or other legal parties. Client shall pay any governmental fees associated with this work.Deliverables: Michael Baker shall deliver the following to the Client: J Legal Description and Exhibit Plat in a PDF format and printed original -1 Traverse Calculation Report in PDF format ENVIRONMENTAL INITIAL STUDY / MITIGATED NEGATIVE DECLARATION TASK 4.0 PROJECT INITIATION The work program will be initiated with a kick-off meeting with the City to discuss the project features, and review the proposed CEQA approach. The kick-off meeting may include a site visit and documentation of on-site and adjacent land use conditions, if desired by the City'. Michael Baker International will review any related/previously- adopted CEQA documents, other relevant available information, verify the appropriate CEQA action/documentation for the subject Project, and initiate technical study preparation if it is decided that an IS/MND is the required CEQA compliance document. TASK 5.0 PREPARATION OF TECHNICAL STUDIES Task 5.1 Air Qualit,Analvsis The project is located within the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). Fugitive dust and equipment exhaust emissions from construction activities will be quantitatively evaluated using the California Emissions Estimator Model version 2016.3.2 (CalEEMod). The air pollutant emissions during construction will be compared to the SCAQMD regional thresholds of significance. Operational (i.e., area and mobile source) emissions will be quantified and compared to the SCAQMD regional thresholds of significance. Primary sources of emissions will be related to area sources and local/regional vehicle miles traveled. Modeled construction and operational emissions will also be compared to the SCAQMD Localized Significance Thresholds to determine whether the localized impacts would occur. Project consistency with the latest Air Quality Management Plan (AQMP) will be evaluated. Task 5.2 Greenhouse Gas Analysis Michael Baker shall prepare an inventory of the greenhouse gas (GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile sources) and indirect sources (i.e., energy/water consumption and wastewater/solid waste generation). Total GHG emissions from construction activities will be amortized into the GHG emissions inventory. CaIEEMod will be used to quantify GHG emissions. Reductions from recently adopted programs and regulations will be included, such as improvements in fuel efficiency and landscaping water efficiency. The net project -related GHG emissions will be assessed against the proposed SCAQMD bright -line screening threshold of 3,000 metric tons per year, and if necessary, to the SCAQMD project -level efficiency threshold of 3.0 metric tons per year per service population. Mitigation measures will be identified and incorporated, as necessary, to reduce potentially significant GHG impacts of the proposed project. 1 In the event that the kick-off meeting does not include a site visit, Michael Baker staff will visit the site separately to document existing conditions, obtain site photos, and gather other site information as needed. Task 5.3 Noise Ana(vsis Michael Baker will review prepare the noise section of the IS/MND based on the data and findings in the Temecula Parkway Park and Ride Project Noise Technical Memorandum (Technical Memo) that was prepared by Michael Baker International on May 3, 2017. Noise measurement data and traffic noise volumes will be derived from the Technical Mcmo. Construction noise impacts will be specifically analyzed for the construction activities related to the site access parcel. Task 5.4 Literature Review Habitat Assessment and MSHCP Consistency Michael Baker will review all technical reports previously prepared for the project and surrounding vicinity to determine which sensitive biological resources are likely to occur on or within the general vicinity of the project site. Michael Baker will also utilize the California Natural Diversity Database (CNDDB) and California Native Plant Society (CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California to conduct record searches of sensitive biological resources known to occur on and within the general vicinity of the project site. A detailed review of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) will be conducted for implications on the proposed project. This will allow Michael Baker to focus the field visit on federally and state listed species, and MSHCP covered species and habitats known to occur or have the potential to occur within the vicinity of the proposed project site. Additional information sources will be consulted including the California Department of Fish and Wildlife (CDFW), United States Fish and Wildlife Service (USFWS), and historic/current aerial photographs, as appropriate, to define the habitat requirements for sensitive species potentially occurring on-site. Topographic maps, soil surveys, flood maps, hydrology/climate information, and watershed data will also be review. Based on a preliminary review of the MSHCP, the project site is located within the Southwest Area, Area Plan of the MSHCP, and is located within Criteria cell 7357. In addition, the project site is located within the designated survey area for burrowing owl (Athene cunicularia). Habitat Assessment/Field Investigation Following the literature review, Michael Baker will systematically survey the project site to document baseline conditions from which to evaluate the sites potential to support special -status or MSHCP-covered species, sensitive habitat types, jurisdictional drainages, and riparian/riverine habitat. The fieldwork will be conducted by qualified Michael Baker biologists in order to document the presence/absence of special -status biological resources, or to determine the potential for occurrence of such resources that may not be detectable when the literature review is conducted. Particular attention will be given to undeveloped areas that have a higher potential to provide suitable habitat for special -status plant and wildlife species. The location of any special -status biological resources, if present on-site (i.e., plants, plant communities, drainage features, wildlife) will be mapped. Emphases of the habitat assessment will be given to the presence or absence of suitable habitat for burrowing owl. Additionally, the suitability of the vegetation on and surrounding the proposed project site will be surveyed for its ability to provide suitable avian nesting opportunities. Notes will be taken on all plant and wildlife species observed on-site during the survey. This survey will provide an understanding of the overall project setting and biological resources occurring in the area. This data will be used to devise an appropriate clearance/conservation strategy for implementation of the proposed project. The habitat assessment does not include focused surveys. Habitat Assessment and MSHCP Consistency Analysis Report A habitat assessment and MSHCP consistency analysis will be prepared with the results from the field investigation that will document all plant and wildlife species observed, all habitats occurring on-site, the site's potential to support any special -status species, and will document any jurisdictional drainage features, including riparian/riverine habitat, occurring on or adjacent to the project site. The report will include a map of the plant communities occurring on-site and their respective acreages. The report will also include an analysis of the project impacts to biological resources (i.e., riparian/riverine habitat, jurisdictional waters), and will describe wildlife movement opportunities in the region and local wildlife movement through the area, suggestions for further studies that may be needed prior to development, mitigation measures, and permit requirements, if needed. A MSHCP consistency analysis will be completed that will specifically address the MSHCP requirements for the proposed project. The analysis will address potential jurisdictional waters and riparian/riverine habitat, the suitability of the habitat to support all special -status species, and the potential for site development to create urban edge effects. The report will include a brief analysis of the project impacts to biological resources, suggestions for updating previous clearances issued for the project that may be needed prior to development, and mitigation measures, if needed. The final report will be sufficient to make the appropriate consistency determination for compliance with the MSHCP. Task 5.5 Delineation of State and Federal Jurisdictional Waters Michael Baker will conduct a site visit to perform a delineation that will determine jurisdictional "waters of the United States" and "waters of the State" (including potential wetlands), located within the boundaries of the project site. The delineation will result in: • A determination of the Corps' ordinary high-water mark (OHWM) and indicate the existence of any three (3) parameter Michael Baker lands on-site. The actual presence or absence of Michael Baker on-site will be verified through the determination of the presence of hydrologic conditions, hydrophytic vegetation, and hydric soils pursuant to the September 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0); • The CDFW's jurisdiction being identified via on-site streambed or to the outer drip line of riparian vegetation (if present) pursuant the California Fish and Game Code; and, J In cases where isolated and/or rapanos conditions are present, the delineation will identify areas under the jurisdiction of the Regional Board pursuant to the California Porter -Cologne Water Quality Act. Prior to visiting the project site, Michael Baker will conduct a thorough literature review of relevant information that supports the site reconnaissance and report preparation. Sources review Michael Baker are anticipated to include topographic maps, soil surveys, historic and current aerial photography, flood maps, hydrology/climate information and watershed data. Once Michael Baker conducts a site visit and the project site baseline information is obtained, Michael Baker shall prepare a comprehensive written report discussing on-site jurisdictional areas. The technical letter report will consist of the following Sections: 1) Introduction and Purpose; 2) Summary of Regulations; 3) Methodology; 4) Literature Review; 5) Site Conditions; 6) Findings 7) Regulatory Approval Process; 8) References; and 9) Appendices. Pursuant to agency requirements, the delineation technical letter report will include a maximum of five (5) exhibits to enhance the written text and clarify the Project, jurisdictional areas, and project impacts. Exhibits are anticipated to include: 1) Regional Vicinity; 2) Site Vicinity; 3) Site Plans (or aerial); 4) On -Site Photographs; and, 5) Jurisdictional Resources. This task includes time for Geographic Information Systems (GIS) analysis associated with the delineation map. The delineation map will be a scale of 1" = 300' or greater and will consist of an aerial photograph. Drainages will be overlaid on the aerial photograph and each agency's jurisdiction will be identified by width and length. Findings within the report will document existing jurisdictional resources and regulatory approvals that may be required, if any. Task 5.6 Cultural Resources Assessment The Cultural Resources Assessment will be conducted by BCR Consulting. Michael Baker and BCR Consulting have a long history of successful CEQA/NEPA compliance projects, including a number of projects within the City of Temecula. Research The records search for cultural resources (archaeological and historical) will be conducted through the Eastern Information Center (EIC) at the University of California, Riverside. This research will characterize the status and extent of previous cultural resource studies completed in the project area and will help predict the types of resources expected within the project site boundaries. Field Survey BCR Consulting field staff will perform a pedestrian cultural resources survey, using 15 -meter transect intervals along 100 percent of the accessible project site. This fieldwork will be completed under the supervision of a cultural resource professional that meets the United States Secretary of the Interior's Professional Qualifications Standards for Architectural History, and for Archaeology. The goal of this task will be to identify any cultural resources within the project site boundaries (including prehistoric and historic archaeological and historic architectural resources), and to produce or update the necessary site records. For the purposes of this proposal, negative findings are anticipated. If cultural resources (including any historic -period buildings) are identified, a budget and schedule adjustment may be necessary. Report A cultural resources report will be produced consistent with CEQA requirements, in a format acceptable to the City. The report will include a project description, cultural setting, methods, results, and recommendations sections. Relevant maps and photographs will also be included. Department of Park and Recreation (DPR) 523 forms will be attached to record any cultural resources discovered during the field survey. Native American Communications and Sacred Lands File Search It is anticipated that the City will perform Assembly Bill (AB) 52 Consultation with the appropriate tribes. If requested to participate, BCR Consulting will be available to discuss any tribal concerns during one conference call. During this task BCR Consulting will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File (SLF) Search. Results of the SLF Scarch will be appended to the report. Paleontological Overview BCR Consulting will initiate a paleontological overview for the project with Dr. Samuel McLeod of the Los Angeles County Natural History Museum for the project. Dr. McLeod will review relevant paleontological sensitivity maps and reports completed in the vicinity of the project to assess sensitivity for buried paleontological resources (i.e. fossils). The resulting report will be appended to the cultural resources report. Task 5.7 Traffic Impact Analysis Memo A full Traffic Impact Analysis was completed for the Park and Ride Project in 2017, and as such a full analysis is not warranted for this project. Michael Baker shall prepare a brief technical memo outlining the proposed changes included in the project, and how these changes may influence traffic flow around the project site. This memo will be incorporated into the CEQA analysis. The proposed access road to the park and ride requires a traffic operation analysis. Michael Baker will evaluate the peak hour intersection turning movement counts at Wabash Lane for the existing and "with project" traffic scenarios at the intersection including: J The distribution of projected park and ride trips at this new driveway access location. ❑ Analysis of lane requirements at the park and ride driveway exit. F I Analysis of vehicle queuing requirements at the driveway exit and for the Temecula Parkway eastbound left turn lane into the park and ride lot. Michael Baker will take the results of the analysis and summarize them in a memo for the Mitigated Negative Declaration (MND). Michel Baker will commission new counts for the intersection of Wabash Lane and Temecula Parkway and will utilize existing counts from the previous analysis for nearby locations. Traffic Analysis Exclusions: C Traffic Counts for additional intersections and/or roadway segments TASK 6.0 SCREENCHECK IS/MND Michael Baker shall prepare an Screencheck Draft Initial Study (IS) to determine if the project will have a significant effect on the environment, using a City -approved CEQA checklist. The Screencheck Draft IS/MND will contain a description of the Project, the Project location, and a description of the environmental setting of the proposed project site. The Project Description section of the IS/MND will detail the project location, background and history, characteristics, agreements, permits and approvals that would be required for the Project. Exhibits depicting the regional and site vicinity will be included in this section. The section will also provide a brief explanation of the Park and Ride project, and how the proposed project related to the approved Park and Ride facility. The document will include a brief explanation of the significance determination, based on information obtained from the technical studies and from preliminary investigation into local, state and Federal policies and regulations. Michael Baker will provide an IS/MND checklist response for each topic. Michael Baker will submit up to four (4) copies of the Screencheck Draft Initial Study for review and comment by the City. Should additional copies be required, additional copies will be provided for an additional fee. TASK 7.0 DRAFT IS/MND The Michael Baker CEQA task manager will review the Screencheck CEQA document comments. Michael Baker will submit one (I) "check copy" of the final draft document, which will incorporate one complete set of comments received. Changes to the draft document will be presented in MS Word "track changes" mode to assist the review. Michael Baker will consult with City staff to establish the review period, public notification and agency filing requirements for the MND. Michael Baker will submit fifteen (15) copies of the IS/MND to the State Clearinghouse and five (5) additional copies to the City for intemal/agency distribution. Michael Baker will provide a copy of the completed MS Word document computer files to the City, including one (1) in PDF format, for posting on the City's website. Michael Baker will deliver the draft IS/MND to the State Clearinghouse. It is assumed that the City will provide any required radius mailing and/or will be responsible for newspaper notice and filing fees. TASK 8.0 FINAL IS/MND Upon completion of the public review period, Michael Baker shall prepare written responses to comments and/or questions raised. This task includes assisting in responding to IS/MND comments received during the public review period, if any. Michael Baker shall prepare a brief response memo responding to the individual comments received on the project. Further, in response to the comments received on the project Michael Baker shall prepare an Errata document, outlining and minor modifications to the document resulting from public comment. For the purposes of budgeting, the preparation of the Responses to Comments and Errata documents would be limited to (25) hours of staff time. In the event that substantial comments are received that would require more than (25) hours to develop responses to, Michael Baker will notify the City prior to proceeding with the responses and discuss a potential contract augmentation to finalize the comments. Michael Baker shall prepare a Draft Mitigation Monitoring and Reporting Program (MMRP) that will be submitted to the City for review and approval. Michael Baker will respond to one set of comments on the Draft MMRP. The MMRP will be defined through working with City staff to identify appropriate monitoring steps and procedures in order to provide a basis for monitoring the mitigation measures during and upon Project implementation. Michael Baker will provide one copy of the finalized MMRP for inclusion in the Final IS/MND. TASK 9.0 PUBLIC HEARING AND MEETINGS In addition to the Project kickoff meeting identified in Task 4.0 above, the Michael Baker CEQA task manager is available to attend up to two Public Hearings to provide support to the project team should it be warranted. Additional Public meeting attendance, and any other additional meetings can be provided, if requested, on a time and materials basis. TASK 10.0 ENVIROMENTAL PROJECT MANAGEMENT/COORDINATION As part of the preparation of the IS/MND, approximately (20) hours of time is allocated to project management and coordination with the City by the CEQA Task Manager. SCHEDULE Michael Baker can proceed immediately upon written authorization to proceed. Michael Baker can submit the Screencheck IS/MND within approximately eight (8) weeks from the receipt of necessary engineering plans and data. The total process, from Notice to Proceed to IS/MND adoption, is estimated to require 4-6 months. This schedule could be expedited if desired by the City. ENGINEERING TASK 11.0 GEOTECHNICAL INVESTIGATION Based on previous discussions with the client, the following scope of work is being proposed: Task 11.1 Field Exploration Mark the proposed core and boring locations and notify Underground Service Alert (USA) to locate and mark utilities in the proposed investigation area. Excavate approximately three geotechnical test pits within the proposed access road. The test pits will be logged in accordance with the USCS system and soil samples will be collected for laboratory testing. We will perform in place moisture and density testing with the nuclear gage. Test pits will be backfilled with soil cuttings upon completion. Task 11.2 Laboratory Testing Perform laboratory testing which is anticipated to include maximum density/optimum moisture, in situ moisture, and R -value, testing. The final laboratory testing program will be based on our observations during the field exploration. Task 11.3 Geotechnical Analyses awl Report Prepare a written report, signed by California GE, presenting our findings, conclusions and recommendations regarding the geotechnical conditions within the project area. The report will include excavation locations, summary of site geotechnical conditions, laboratory data, geotechnical design parameters and recommendations for design and construction of the proposed improvements. Task 11.4 Roadway Coring Geocon shall prepare an application for a City of Temecula Encroachment Permit. Geocon shall prepare a simple traffic control plan in accordance with WATCH Manual or standard MUCTD diagrams. Provide traffic control signage in accordance with the traffic control plan during the coring process. Excavate two pavement cores within the proposed east bound left turn lane area. We will utilize a dynamic cone penetrometer to test the condition of the base and subgrade at the core locations. We will measure the thickness of the current pavement and base and collect soil for R -value testing. Core excavations will be backfilled with sand or gravel and capped with cold patch. Core findings will be included in our geotechnical report along with pavement section measurements and dynamic cone penetrometer data of the subgrade. Geotechnical Exclusions: I Engineered Traffic Control Plan TASK 12.0 UTILITY COORDINATION Michael Baker shall coordinate, complete research and investigation of existing constraints affecting the Project Site, including the following: C Research utility records to determine utility location, material type, and relevant appurtenances. Identify potential wet and dry utility conflicts and notify Client to coordinate utilities relocations (if required) with agencies. Note: Michael Baker have budgeted a total of (16) hours for this task, this includes 6 hours for a Project Manager and 10 hours for Project Engineer. Additional consulting services will be performed, if required, on an hourly basis for an additional fee. TASK 13.0 STORM DRAIN ANI) WATER QUALITY Task 13.1 Prainage Report Michael Baker shall perform a drainage study for the proposed Park and Ride Access Road and the intersection of Temecula Parkway and Wabash Lane. The study will determine peak flow rates which will drain from the driveway and Michael Baker shall propose the best way to convey them. The hydrology section of the study will use the Rational Method procedures in accordance with the Riverside County Hydrology Manual and will determine 10- and 100 -year peak discharges. Two catch basins shall be proposed at the driveway near the northly portion of the intersection. Michael Baker shall perform a hydraulic analyses of proposed catch basins. The Catch basin analyses will determine the size of the proposed catch basin that will be needed to capture on-site peak flow rates. The Catch basin analyses will use standard City and FHWA prescribed methodologies. Storm drain line modifications will be analyzed with the Water Surface Profile Gradient (WSPG) hydraulic modeling software. Michael Baker shall prepare a drainage report to present a narrative of the hydrologic and hydraulic assumptions, analyses, and designs required for the proposed improvements. The drainage report will include summary tables of pre- and post -project conditions, hydrologic, hydraulic analyses of sub -catchments and storm water conveyances within the extents of the project. The report will present the computed flow rates, proposed catch basin geometries, and hydraulic grade lines. The engineering calculations relevant to the hydrologic analysis and hydraulic design of the proposed drainage improvements will be included in the report appendices. Task 13.2 WQMP Michael Baker shall prepare a Water Quality Management Plan (WQMP) document for the proposed Park and Ride Access Road at the intersection of Wabash Lane and Temecula Parkway. It will address the constituents of concerns emanating from the project site and discharging into the vegetated channel and the Santa Margarita River which the latter is on the 303(d) list of impaired water bodies identified by the San Diego Regional Water Quality Control Board. The WQMP will be prepared using the local agency template and will include source control and post -construction Best Management Practices (BMPs) applicable to the project that will be implemented to reduce and/or eliminate the discharge of pollutants from the completed project into the storm drain system or receiving waters. BMP sizing will be based upon local Regional Water Quality Control Board and local agency NPDES permit criteria. Deliverables: The anticipated deliverables for this task include: Prepare a WQMP using the guidelines established by the City. L Prepare an alternative plan and matrix identifying potential BMP that can be used as part of the project to treat the constituents of concern. I ! Prepare an exhibit that provides the BMP locations and preliminary design that function with the existing storm drains within Temecula Parkway. TASK 14.0 IMPROVEMENT PLANS Task 14,1 Conceptual layout Exhibit Michael Baker shall prepare one (1) conceptual layout exhibit for City review and comments. The layout will include the revised median in Temecula Parkway, the revised median in Wabash Lane, the proposed entrance road from Temecula Parkway to the Park and Ride, the proposed striping and lane configuration, and the revised parking layout for the Park and Ride project. The approved layout will be used for the development of the Preliminary Design phase (30% Improvement Plans). Task 14,2 Off -Site Street Improvement Plan (30% 60%. 90% & Bid Ready) Michael Baker shall prepare one (1) set of off-site street improvement plans. This plan will include revising the center median on Wabash Lane on the south portion of the intersection, adding a driveway approach on the north portion of the intersection, and revising the median in Temecula Parkway on the east side of the intersection to a left turn pocket for access to the proposed driveway approach to the Park and Ride parking lot. Task 14,3 Design Cross Sections (30%, 60%. 90% & Bid Reaayl Michael Baker shall prepare approximately 15 design cross sections for the revised median in Temecula Parkway. Cross sections will be at 25' intervals and illustrate the design of the proposed improvements with the existing conditions. Task 14.4 On -Site Precise Grading Plan (30%. 60%n. 90% & Bid Ready) Michael Baker shall prepare one (1) set of precise grading plans connecting the proposed Park and Ride parking lot on the east side to the proposed driveway approach at the intersection of Temecula Parkway and Wabash Lane. The alignment, grade, street light locations, and street cross section will be based on the City approval of the Preliminary Design mentioned above. Task 14.5 Erosion and Sediment Control Plan (30%. 60%. 90% & Bid Ready) Michael Baker shall prepare an Erosion and Sediment Control Plan in conjunction with the preparation of the off- site Street Improvement Plan and Precise Grading Plan prepared for this project. This plan shall be designed in accordance with the criteria of the City of Temecula and the California Regional Water Quality Control Board. Task 14.6 Horizontal Control Plan (30%. 60%. 90% & Bid Ready) Michael Baker shall prepare a horizontal control plan providing dimensional control calculations to establish the location of the median improvements and the drive aisle per the 90% and Bid Ready plan. Task 14.7 Delta Revisions to Park and Ride Plan Michael Baker shall prepare Delta revisions to the approved Park and Ride site improvement plans (PW06- 09/LD08- 018GR). The revisions shall be the result of the closing of the access along Vallejo Avenue and adding a connection to the east side of the parking lot. The connection will correspond with the proposed Wabash Lane intersection improvements per a separate plan. The items to be revised per this task shall be: bid item table quantities, horizontal control plan, site improvement plan, sections, details, erosion control plan, and offsite signing and striping per Clients direction. Deka Revisions Exclusions: 0 Vallejo Street Sections (sheets C-14 and C-17) C Technical Specifications Task 14.8 Landscape Plans (30%. 60%. 90% & Bid Ready) Task 14.8.1 Planting Plans. Details. and Legend Michael Baker shall prepare a Planting Plan at 1" = 20' scale. The Planting Plans will indicate the species, quantity, and size of plant material to be used. Plants will be selected to comply with the City's Water Efficient Landscape Ordinance. A planting legend and planting details will be included as part of this task. Task 14.8.2 Irrigation Plans. Details. and Legend Michael Baker shall prepare an Irrigation Plan at I" = 20' scale. The Irrigation Plans will indicate the type of irrigation equipment to be used, such as the backflow preventer, master valve, irrigation controllers, pipe, valves, quick - couplers, and bubblers or dripline. The irrigation design will utilize low water use and water efficient application techniques to be compliant with the City's Water Efficient Landscape Ordinance. An irrigation legend and irrigation details will be included as part of this task. In addition, Michael Baker shall prepare the Irrigation Submittal Package for Rancho California Water District. Task 14.9 Electrical Plans (30%. 60%. 90% & Bid Ready) Task 14.9.1 Revise the existing Park and Ride electrical and lighting Plans Based upon changes to the site which includes closing the current access along Vallejo Avenue and restriping for additional parking and providing a new access road to the site via Wabash Lane. This work will include delta revisions on all changes to the plans. Task 14.9.2 Access Road Street Lights Michael Baker shall prepare plans at 40 scale (1" = 40') and will include all new/existing light standards, conduits, pull boxes, cables, service information, and notes regarding installed and connections to existing equipment removals or relocations. Electrical Exclusions: 0 CCTV Roadway intersection parking Task 14.10 Traffic Plans (30%. 60%. 90% & Bid Ready) Task 14.10.1 Trgfliie Signal Plans The proposed access road to the park and ride will result in the need for a new traffic signal at the intersection of Temecula Parkway and Wabash Lane. Michael Baker shall prepare one (1) traffic signal plan for: `1 Temecula Parkway and Wabash lane The traffic signal modification plans will be prepared at 20 scale (1" =20') and will incorporate (as needed) aspects of the traffic signal, including existing and new signal standards, signal heads, loop or video detectors, conduits, Opticom devices, battery backup system, signal interconnect, fiber optic equipment and controller assembly/service point locations. The traffic signal plans will be prepared in accordance with the City of Temecula requirements, the current California Department of Transportation Standard Plans and Specifications, and the latest edition of the California MUTCD. Task 14.10,2 Signing and Striping Michael Baker shall prepare a final signing and striping plans: [1 Access Road from Wabash Lane intersection to existing Park and Ride Site. Intersection of Temecula Parkway and Wabash Lane. The signing and striping plan will be prepared at 40 scale (1" = 40') and will include all new/existing signs and striping, pavement markings, pavement legends, sign and striping removals. We will reference in existing striping based on topographic information and field review. The signing and striping plans will be prepared in accordance with the City of Temecula requirements, the current California Department of Transportation Standard Plans and Specifications, and the latest edition of the California MUTCD. Traffic Exclusions: Although the following tasks are not included in this scope of work, Michael Baker is available to provide consulting services relating to any of the following items if determined to be necessary: 11 Interim Signing & Striping Plans [1 Interim Traffic Signal Plans Cl Signal Interconnect Plans ❑ Traffic Signal Timing ❑ Traffic Signal Turn -On ❑ Traffic Control Field Inspection • Traffic Control Plans TASK 15.0 COST ESTIMATE (60%, 90% & Bid Ready) Michael Baker shall prepare an Opinion of Probable Construction Costs. This opinion shall be developed in the form of a Contract Item List (Bid Sheet) using the standard forms provided by the City of Temecula. Development of this opinion shall be accomplished through the use of CADD or other mathematic means and listed in detail for the City of Temecula to use during bidding and construction administration. The level of contingencies shall start at 25% and be adjusted as necessary during the plan development phase. The goal for the final opinion is a contingency of 10%. Unit prices for these items shall be developed through the judicial use of City of Temecula, City of Temecula, Riverside County, and/or Caltrans recent and historical data. At the Michael Bakers option, local materials suppliers and contractors may be used to identify unit prices. Deliverables: The anticipated deliverables for this task include: I Quantity Calculations and Summaries I Opinion of Probable Construction Costs in the form of City of Temecula Bid Sheet TASK 16.0 PROJECT MANAGEMF:NT, COORDINATION AND MEETINGS Michael Baker shall attend regularly scheduled meetings with Client and Government Agencies to review the progress of the work included within this contract and to provide consulting services. A maximum of (50) hours are included within this Scope of Work. Additional meetings and consulting services will be performed, if required, on an hourly basis for an additional fee. TASK 17.0 REIMBURSABLES Michael Baker shall perform the previously discussed tasks, this will incur reimbursable expenses such as printing, reproductions, messenger services, vehicle mileage, and other project -specific out-of-pocket expenses necessary to achieve preparation and processing of the previously discussed task. Such costs will be reimbursed at a rate of 1.15 times the actual costs on a monthly basis. TASK 18.0 TECHNICAL SPECIFICATION ASSISTANCE (90% & Bid Readv) Michael Baker shall create a Bid Sheet, a list of project contract items. It is Michael Baker's understanding that the City of Temecula shall create the Technical Specifications document and Michael Baker will assist the City with the preparation of the document. The City of Temecula shall provide Michael Baker with the City's boiler plate documents for our editing and use. The Technical Specifications shall refer to City of Temecula Engineering Standards and/or the Standards found in the Greenbook Standard Specifications for Public Works Construction ("Greenbook"). In addition to Standard Technical Specifications, Michael Baker shall prepare Special Provisions to supplement the Standards found in the Greenbook Standard Specifications for Public Works Construction ("Greenbook"). Michael Baker shall prepare a section in the Special Provisions for each item listed in the Bid Sheet. In each section, Michael Baker shall at least provide measurement and payment clauses to reinforce or supplement those found in the Greenbook. At Michael Bakers discretion, these Standard Special Provisions may be accomplished by editing standard Caltrans Special Provisions for Highway Construction. The Bid Sheet, Technical Specifications and Special Provisions shall be created in Microsoft Word or Excel and be submitted during the final design portion of the work (90%) for "mark-up". The final submittal (Bid -Ready) shall remove hidden and "mark-up" text for the development of a Bid Ready set. These documents are to be used for the inclusion in the City bid package. TASK 19.0 CONSTRUCTION ASSISTANCE Michael Baker shall provide construction assistance / bid support services as requested by the client: I Provide field walks, inspection and/or observations. Attend Construction coordination meetings as requested by the client. • Review and respond to contractor submittals for alternative "or equal" materials. • Review and respond to project related BFI's. Note: Michael Baker have budgeted a maximum of (24) hours for this task. Additional construction support services will be performed, if required, on an hourly basis for an additional fee. OPTIONAL TASKS TASK 20.0 TRAFFIC SIGNAL POLE POTHOLING An optional task to supplement the design task will be potholing, research and coordination to test signal pole conflicts at the 90% design level. The potholing, which can alternatively be done by the contractor during the early construction phase, helps identify unexpected underground conflicts with signal poles. If a conflict is identified, the design must be changed, which can result in different poles and equipment needed. Potholing during the design phase helps eliminate the need for change orders and can expedite lengthy lead times for traffic signal equipment. Additional design support services will be performed, if required, on an hourly basis for an additional fee. PROJECT EXCLUSIONS: Any other Michael Baker services not specifically set forth in the above Scope of Work may be completed by Michael Baker, if negotiated, under a separate contract for an additional fee. EXHIBIT B PAYMENT RATES AND SCHEDULE Cost for services shall be as per Contractors proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $ 227,244 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. City of Temecula - Design of Traffic Signal & Park and Ride Access Improvements PW 18-11 HOURLY FEE PROPOSAL Task Description Approximate Person Hours Total Estimated Hours Total Estimated Fee Principal Project Tech/Disclp. Environ. Landscape Des Engr/ Licensed Survey Crew Designer( Office In Charge Manager Manager Analyst Architect SurvAnalyst Surveyor (2-pars) Planner Support $ 280 $ 220 $ 210 $ 115 $ 165 $ 160 $ 200 $ 280 $ 130 $7e SURVEY AND CONTROL $ 8,520 1.0 Record Data Map Preparation 5 4 9 $ 1,600_ 2.0 Field Topography Survey 6 2 14 22 $ 5,280 3.0 Legal Description & Exhibit Preparation 3 6 11 s 1,640 ENVIRONMENTAL S 60,010 4.0 Project InfOalton 8 10 10 28 $ 3,820 5.1 Air Quality Analysis 1 1 4 12 18 $ 2,720 5.2 Greenhouse Gas Analysis1 1 1 8 11 $ 1,630 5.3 Noise Analysis 1 e 6 9 $ 1,330 5.4 Habitat Assessment and MSHCP Consistency 1 1 12 40 54 $ 7,080 5.5 DNiniation o1 State and Federal Jurlsidictional Waters 1 1 1 101 36 49 $ 6540 5.6 Cultural Resources Assessment Sub-Consultant $ 3.500' 5.7 Traffic Impact Analysis Memo 8 16 24 $ 3,760 6.0 Scrsencneck IS/MND 2 6, 36 22, 32 98 $ 13,520 7.0 Draft 1S/MND 1 1 4 16 12 12 46\ $ 6,660 8.0 Flnal IS/MND1 2 6 8 8 25 $ 3,650 9.0 Public Hearing and Meetings 10 10 20 2,900 10.0 Envlromental Project Management / Coordination 101 10 20 $ 2900 GEOTECHNICAL INVESTIGATION _ $ 7780 11.1 Field Exploration Sub-Consultant 11.2 Laboratory Testing Sub-Consultant 11.3 Analysis and Report Preparation Sub-Consultant 11.4 Pavement Coring Sub-Consultant UTILITY COORDINATION $ 2,820 12.0 Utility Coordination 6 11:\ 161 $ 2,920 STORM DRAIN AND WATER QUALITY $ 22,060 13.1 DRAINAGE REPORT 1 2 261 14 4 47 $ 8,720 13.2 WOMP 1 2 48 14 4 69 $ 13,340 ENGINEERING $ 60,4160 14.1 Conceptual Layout Exhibit < & 8 $ 1,400 14.2 O6-Sita Improvement Plan 2 20 40 20 821 $ 13.960 14.3 Design Cross Sections 2 16 18` $ 3.000 14.4 OnSite Precise Grading Plan 2 10 32, 16, 60 $ 9.960 14.5 Erosion and Sediment Control 1 4 6., 11 $ 1,640 14.6 Horizontal Control Planr 0.5 4 4 85' $ 1,270 14.7 Delta Revisions to the Park and Ride Plena 1 4 6 6 24 12 53 $ 8,810 14.8 Landscape Plans 1 8 32 41 $ 7,180 14.9 Electrical Plana 1 4 5, 8, 18 $ 2,900 14.10 Traffic Plans 2 10 26 28 66 $ 10,340 GENERAL $ 38,335 15.0 Cost Estimate 1 6 5 16` $ 4,865 16.0 Project Management 40 6 8 $ 11,340 17.0 Relmburaabiea $ 10,000 18.0 Construction Bld Support 24 24 $ 5,280 19.0 Technical Specification Assistance 1 8 6 6 16 37 $ 6,850 OPTIONAL TASKS $ 6,500 19.0 Traffic Signal Potholing Locations Sub -Consultant $ 6,500 SUB TOTAL $ 206,585 CONTINGENCY (10%) $ 20,659 TOTAL ESTIMATED HOURS AND BUDGET 131 136 I_ 1481 1141 491 3181 9I 14I 2761 8I 1,003 $ 227,244 If. ipnv • A. • 04e Men Onp4.0.m, Ire... 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O. .......•0 • .99...... w .. .. .. .....,.....,99.r ] ..r 40.1. • ....,. 40... .. - .r.v4.-,.( 1....1 2222,l.. -q.. „ Capital Improvement Program Fiscal Years 2019-23 TRAFFIC SIGNAL PARK AND RIDE ACCESS IMPROVEMENTS Circulation Project Project Description: This project includes the installation of a traffic signal on Temecula Parkway at Wabash Lane. The project also includes relocating the access of the Park and Ride facility on Temecula Parkway at La Paz Road from Vallejo Avenue to Wabash Lane. Benefit / Core Value: This project improves traffic safety and circulation throughout the City. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Transportation Mobility and Connectivity. Project Status: This is a new project for Fiscal Year 2018-19. Design will be initiated during this fiscal year and construction is to follow. Department: Public Works - Account No. 210.165.605 Level: I Project Cost: Prior Years FYE 2018 2018-19 2022-23 Actual Carryover Adopted 2019-20 2020-21 2021-22 Projected and Total Project Expenditures Budget Appropriation Projected Projected Projected Future Years Cost Administration $ 147,125 $ 147,125 Construction $ 588,500 $ 588,500 Construction Engineering $ 17,655 $ 17,655 Design/Environmental $ - $ - $ 187,700 $ - $ - $ - $ - $ 187,700 MSHCP $ 11,250 $ 11,250 Totals $ - $ - $ 952,230 $ $ - $ - $ - $ 952,230 Source of Funds: Prior Years FYE 2018 2018-19 Actual Carryover Adopted 2019-20 Expenditures Budget Appropriation Projected 2020-21 2021-22 2022-23 Total Project Projected Projected Projected Cost Developer Contributions $ 175,000 $ 175,000 General Fund $ 226,725 $ 226,725 Measure S $ 550,505 $ 550,505 Total Funding: $ - $ - $ 952,230 $ - $ - $ - $ - $ 952,230 Future Operation & Maintenance Costs: 2018-19 2019-20 2020-21 2021-22 2022-23 1 _1 1 $ 2.000 1 $ 2.040 f $ 2.081 1 $ 2,122 1 81 TRAFFIC SIGNAL PARK AND RIDE ACCESS IMPROVEMENTS Circulation Project Location (e400,;(74, - R Aerial Data - 2015 0 100 200 Feet 400 80 Item No. 17 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Patrick Thomas, Director of Public Works/City Engineer January 8, 2019 Award a Construction Contract to California Waters Development Inc., dba California Waters for Community Recreation Center (CRC) Pool Site Enhancements and Renovations, PW18-02 PREPARED BY: RECOMMENDATION: Amer Attar, Principal Civil Engineer Troy Bankston, Senior Civil Engineer That the City Council: 1. Award a Construction Contract to California Waters Development Inc., dba California Waters, in the amount of $1,282,400, for the Community Recreation Center (CRC) Pool Site Enhancements and Renovations. PW 18-02; 2. Authorize the City Manager to approve Contract Change Orders not to exceed the contingency amount of $256,480, which is equal to 20% of the contract amount; 3. Make a finding that the Community Recreation Center (CRC) Pool Site Enhancements and Renovations, PW18-02, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On August 28, 2018, the City Council approved an Agreement for Consultant Services with Jeff Katz Architectural Corporation (JKA). for the Design of the Community Recreation Center (CRC) Pool Enhancements and Renovations, PW18-02. On November 13, 2018, the City Council approved the Plans and Specifications for the project. The Community Recreation Center (CRC) Pool Site Enhancements and Renovations project includes the removal, replacement, and the expansion of the pool deck, pool re -plastering, replacement of the pool deck drainage system, installation of an enhanced lighting system with energy efficient LED fixtures, enhanced pool marking, and a sound system. The construction will also include the addition of shade structures for portions of the pool deck. In addition, the construction includes installation of plumbing to accommodate upgrading the wading pool at a future date. On Tuesday December 11, 2018, four bids were electronically received and opened through the City bidding service, PlanetBids. The results were as follows: PacWest Construction and Engineering Inc. have been deemed non-responsive because they did not include acknowledgement of the two addendums the City issued in their bid proposal. Staff has reviewed the bid proposals and found California Waters Development Inc., dba California Waters of Yorba Linda, California to be the lowest responsible bidder for this project with a bid amount of $1,282,400. California Waters Development Inc., dba California Waters has public contracting experience and has completed similar projects for other public agencies in Southern California. Staff is requesting a high contingency amount, 20%, which is equal to $256,480 due to the nature of the project and time constraints. Renovations projects are very unpredictable, The CRC Pool has not seen any major renovation since it was built in the mid 1990s. It is difficult to predict what we may uncover when the pool plastering and the deck are removed after such a long time. In addition, construction has a tight schedule in order to have the renovated facility ready for the busy summer programs. Having the high contingency will allow staff and the contractor to continue construction and give them the opportunity to complete the project within schedule. The Engineer's Estimate for the project was $1,600,000. The project specifications allow for 80 working days, which is an approximate construction duration of four months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Maintenance only projects, such as this project, are exempt from MHSCP fees. FISCAL IMPACT: The Community Recreation Center (CRC) Pool Site Enhancements and Renovations is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2019-23, and is funded with Measure S. On November 27, 2018, the City Council approved the Transfer of $1,000,000 from the FY17-18 Measure S Fund surplus to the Community Recreation Center (CRC) Pool Site Enhancements and Renovations Capital Improvement Project. With this additional appropriation, adequate funds are available in the project accounts for the contract amount of $1,282,400, plus a 20% contingency amount of $256,480 for a total encumbrance of $1,538,880. ATTACHMENTS: 1. Contract 2. Project Location 3. Project Description Lump Sum Bid 1. California Waters Development Inc., dba California Waters $ 1,282,400.00 2. California Commercial Pools Inc. $ 1,479,000.00 3. PCN3, Inc. $ 2,161,326.70 PacWest Construction and Engineering Inc. (Non-responsive) PacWest Construction and Engineering Inc. have been deemed non-responsive because they did not include acknowledgement of the two addendums the City issued in their bid proposal. Staff has reviewed the bid proposals and found California Waters Development Inc., dba California Waters of Yorba Linda, California to be the lowest responsible bidder for this project with a bid amount of $1,282,400. California Waters Development Inc., dba California Waters has public contracting experience and has completed similar projects for other public agencies in Southern California. Staff is requesting a high contingency amount, 20%, which is equal to $256,480 due to the nature of the project and time constraints. Renovations projects are very unpredictable, The CRC Pool has not seen any major renovation since it was built in the mid 1990s. It is difficult to predict what we may uncover when the pool plastering and the deck are removed after such a long time. In addition, construction has a tight schedule in order to have the renovated facility ready for the busy summer programs. Having the high contingency will allow staff and the contractor to continue construction and give them the opportunity to complete the project within schedule. The Engineer's Estimate for the project was $1,600,000. The project specifications allow for 80 working days, which is an approximate construction duration of four months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Since July 1, 2008, the RCA has required that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right-of-way improvements projects are 5% of construction costs. Maintenance only projects, such as this project, are exempt from MHSCP fees. FISCAL IMPACT: The Community Recreation Center (CRC) Pool Site Enhancements and Renovations is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2019-23, and is funded with Measure S. On November 27, 2018, the City Council approved the Transfer of $1,000,000 from the FY17-18 Measure S Fund surplus to the Community Recreation Center (CRC) Pool Site Enhancements and Renovations Capital Improvement Project. With this additional appropriation, adequate funds are available in the project accounts for the contract amount of $1,282,400, plus a 20% contingency amount of $256,480 for a total encumbrance of $1,538,880. ATTACHMENTS: 1. Contract 2. Project Location 3. Project Description CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for COMMUNITY RECREATION CENTER (CRC) POOL SITE ENHANCEMENTS AND RENOVATIONS, PROJECT NO. PW18-02 THIS CONTRACT, made and entered into the 8th day of January, 2019 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and California Waters Development Inc. dba California Waters. hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled COMMUNITY RECREATION CENTER (CRC) POOL SITE ENHANCEMENTS AND RENOVATIONS, PROJECT NO. PW18-02, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for COMMUNITY RECREATION CENTER (CRC) POOL SITE ENHANCEMENTS AND RENOVATIONS, PROJECT NO. PW18-02. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for COMMUNITY RECREATION CENTER (CRC) POOL SITE ENHANCEMENTS AND RENOVATIONS, PROJECT NO. PW18-02. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: COMMUNITY RECREATION CENTER (CRC) POOL SITE ENHANCEMENTS AND RENOVATIONS, PROJECT NO. PW18-02. of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL All labor. materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay. and Contractor agrees to accept. in full payment for, the work agreed to be done, the sum of: ONE MILLION TWO HUNDRED EIGHTY-TWO THOUSAND FOUR HUNDRED DOLLARS AND ZERO CENTS ($1,282,400.00) the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed eighty (80) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. c. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85. Contractor agrees to forfeit and pay to City the sum of $2,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty. the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this contract. The first day of work shall be on Wednesday January 23, 2019. There will not be time extensions in this contract and the contract end date will be May 15, 2019. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries. or death of persons (Contractor's employees included), and damage to property. arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12. GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion. national origin, color, sex, age. or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest. whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula. and that if any such interest comes to the knowledge of either party at any time. a full and complete disclosure of all such information will be made. in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 23. CLAIM DISPUTE RESOLUTION. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable. pursuant to the definition of "claim" as individually defined therein. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: /—P-17 CONTRACTOR: California Waters Development Inc., dba California Waters 23311 E. Palma Ave. Yorba Linda, CA 92887 (949) 52849900 mpitrrian@califotniawaters.com Mark Pitman Print or type NAME President Print or type TITLE By: Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA By: Michael S. Naggar. Mayor ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CALIFORNIA WATERS DEVELOPMENT, INC. Resolution Granting Signing and Authority to Conduct Business WHEREAS, the Corporation desires to grant signing and authority to two certain person names hereunder in regard to the Corporation wishing to conduct business and enter into contracts for construction; RESOLVED, that the Board of Directors is hereby authorized and approved to grant signing and authority to conduct business to execute documents and contract to any one of the following two persons: Mark Pitman, President; and Jeffrey Barman, Vice President, Secretary and Treasurer/CFO. The foregoing signing and authority granted shall include, but shall not be limited to, the execution of contracts, obligations, certificates, and other instruments of whatever nature entered into by this Corporation. The undersigned hereby certifies that he is the duty elected and qualified Secretary and the custodian of the books and records and seal of California Waters Development, Inc. a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors and that said meeting was held in accordance with sate law and the Bylaws of the above-named Corporation on May 2, 2016, and that said resolution is now in full force and effect without modification or rescission. IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above-named Corporation this 4th day of May, 2016. Secretary California Waters Development, Inc. 416 .ca Date 10011 23311 E. La Palma Ave. 1 Yorba Linda, CA 928871949.528.09001 californiawaters.com 1 CA Lic#958960 COMMUNITY RECREATION CENTER (CRC) POOL SITE ENHANCEMENTS AND RENOVATIONS Parks and Recreation Project g„-:,:,44, Aerial Data - 2015 140 v�o 200 Feet 400 2019-20 Capital Improvement Program Fiscal Years 2019-23 COMMUNITY RECREATION CENTER (CRC) POOL SITE ENHANCEMENTS AND RENOVATIONS Parks and Recreation Project Project Description: This project includes the removal and replacement of pool decking, pool re -plaster, and the installation of an enhanced lighting system with energy efficient LED fixtures. Benefit / Core Value: This project protects the City's vast investment in parks and facilities. This project satisfies the City's Core Value of a Healthy and Livable City, A Safe and Prepared Community and Accountable and Responsive City Government. Project Status: This project is estimated to be complete by June 2019. Department: Public Works/Temecula Community Services - Account No. 210.190.116 Level: Project Cost: Prior Years Actual Expenditures FYE 2018 2018-19 Carryover Adopted 2019-20 Budget Appropriation Projected 2020-21 Projected 2022-23 Projected 2021-22 and Future Total Project Projected Years Cost Administration $ 10,000 $ 50,000 $ 60,000 Construction $ 400,000 $ 270,000 $ 670,000 Construction Engineering $ 40,000 $ 40,000 Design/Environmental $ 90,000 $ 90,000 Totals $ - $ 410,000 $ 450,000 $ - $ - $ - $ - $ 860,000 Source of Funds: Prior Years Actual Expenditures FYE 2018 Carryover Budget 2018-19 Adopted 2019-20 2020-21 Appropriation Projected Projected 2021-22 2022-23 Total Project Projected Projected Cost Measure S Total Funding: $ 410,000 $ 450,000 $ 410,000 $ 450,000 $ 860,000 $ 860,000 Future Operation & Maintenance Costs 2018-19 141 2020-21 2021-22 2022-23 Item No. 18 Approvals G �� City Attorney /'�'Y`7/ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 8, 2019 SUBJECT: Approve the First Amendment to the Agreement with Crosstown Electrical & Data, Inc., for On -Call Maintenance and Repair of Closed Circuit Television Cameras and Communication Equipment PREPARED BY: Jerry Gonzalez, Associate Engineer II - Traffic RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Crosstown Electrical & Data, Inc., in the amount of $30,000, for On -Call Maintenance and Repair of Closed Circuit Television Cameras and Communication Equipment. BACKGROUND: In July 2018, the City Manager executed an Agreement with Crosstown Electrical & Data, Inc., in the amount of $30,000 for On -Call Maintenance and Repair of Closed Circuit Television Cameras (CCTV) and Communication Equipment. Crosstown Electrical & Data, Inc., has provided maintenance and repair services of the City's CCTV Cameras, and communication equipment for the past several years, which includes the repair and splicing of fiber optic cable. Staff recommends increasing the Agreement in the amount of $30,000, for a total Agreement amount of $60,000. FISCAL IMPACT: Adequate funds are available in the Department of Public Works, Traffic Engineering Division's Operating Budget Fiscal Year 2018-19 and Capital Improvement Program Fiscal Years 2019-2023. ATTACHMENTS: First Amendment to Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CROSSTOWN ELECTRICAL & DATA, INC. ON-CALL MAINTENANCE AND REPAIR OF CLOSED CIRCUIT TELEVISION CAMERAS AND COMMUNICATION EQUIPMENT THIS FIRST AMENDMENT is made and entered into as of January 8, 2019, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Crosstown Electrical & Data, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: a. On July 1, 2018, the City and Contractor entered into that certain Agreement entitled "Agreement for On -Call Maintenance and Repair of Closed Circuit Television Cameras and Communication Equipment," in the amount of $30,000. b. The parties now desire to increase the payment in the amount of $30,000, and to amend the Agreement as set forth in this Amendment. 2. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The FIRST Amendment amount shall not exceed Thirty Thousand Dollars and No Cents ($30,000.00), for a total Agreement amount of Sixty Thousand Dollars and No Cents ($60,000.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written CITY OF TEMECULA CROSSTOWN ELECTRICAL & DATA, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf or the corporation ) By: By: Michael S. Naggar, Mayor ATTEST: David P. eermance, Regional Director By: By: /l Randi Johl, City Clerk APPROVED AS TO FORM: By: Wendy M. Pa ker, Vice President Peter M. Thorson, City Attorney CONTRACTOR Crosstown Electrical & Data, Inc. David P. Heermance, Regional Director 5454 Diaz Street Irwindale, California 91706 626-813-6693 626-813-6604 Fax Number dave@crosstowndata.com 2 PM Initials: Date: TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No. 19 ACTION MINUTES December 11, 2018 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:28 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS None CSD CONSENT CALENDAR 13 Approve the Action Minutes of November 27, 2018 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Stewart; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 13.1 That the Board of Directors approve the action minutes of November 27, 2018. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:34 PM, the Community Services District meeting was formally adjourned to Tuesday, January 8, 2019, at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 121118 1 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 11, 2018 — 7:00 PM No Closed Session At 7:08 PM Mayor Rahn called the City Council meeting to order to consider the matters described on the agenda. CALL TO ORDER: Mayor Matt Rahn Prelude Music: Emily Schwank Invocation: Aaron Adams Flag Salute: Council Member James Stewart ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PUBLIC COMMENTS The following individuals addressed the City Council on non-agendized items: • Randon Lane • Chelsea Hart • Carla Thomas • Rebecca Farnback • Teri Biancardi CITY COUNCIL REPORTS NOTICE TO THE PUBLIC 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of November 27, 2018 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: Action Minutes 121118 1 2.1 That the City Council approve the action minutes of November 27, 2018. 3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve an Agreement with Questica LTD for a New Budgeting Software System - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 4.1 Approve the Software Subscription and Professional Services Agreement with Questica LTD in the amount of $102,571, for a New Budgeting Software System; 4.2 Authorize the City Manager to approve up to $12,000 in additional system/report customization; 4.3 Authorize the City Manager to approve contract change orders not to exceed $10,257, which is equal to 10% of the total contract amount. 5 Adopt the 2019 City of Temecula Emergency Operations Plan - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 5.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE 2019 CITY OF TEMECULA EMERGENCY OPERATIONS PLAN 6 Approve the Fourth Amendment to the Agreement with Temecula Valley Unified School District for Joint Use of a Portion of Temecula Elementary School - Approved Staff Recommendation (4-0, Edwards abstain); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Naggar, Stewart and Rahn with Edwards abstaining. Action Minutes 121118 2 RECOMMENDATION: 6.1 That the City Council approve the Fourth Amendment to the Agreement with the Temecula Valley Unified School District for Joint Use of a Portion of Temecula Elementary School. 7 Approve the Purchase of 50 Hewlett Packard (HP) Desktop Computers from Newport West Computers, Inc. for Lifecycle Replacement - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 7.1 That the City Council authorize the purchase of 50 HP desktop computers from Newport West Computers, Inc., in the amount of $39,452.33, including sales tax and shipping. 8 Approve the Second Amendment to the Disposition and Development Agreement between the City of Temecula, Successor Agency to the Temecula Redevelopment Agency, and Town Square Marketplace Old Town, LLC - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 8.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET 9 Approve a Modification to the Truax Hotel Project and Adopt Addendum to the Originally Prepared Subsequent Environmental Impact Report (SEIR) (Planning Application No. PA18-1463) - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 9.1 That the City Council adopt a resolution entitled: Action Minutes 121118 3 RESOLUTION NO. 18-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN ADDENDUM TO A PREVIOUSLY CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT REPORT FOR THE PREVIOUSLY APPROVED TRUAX HOTEL PROJECT AND APPROVING A MODIFICATION APPLICATION FOR THE TRUAX HOTEL CONSISTING OF THE ADDITION OF THIRTY-FOUR GUEST ROOMS, VARIOUS EXTERIOR ELEVATION REVISIONS, AND THE ADDITION OF THREE - HUNDRED PARKING SPACES VIA AN AUTOMATED PARKING SYSTEM GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF 3RD STREET BETWEEN OLD TOWN FRONT STREET AND MERCEDES STREET (APNS 922-043- 002, 922-043-004, 922-043-018, 922-043-024, 922-043-003, 922-043-015, 922-043-023, 922-043-025, 922-044-017, AND 922-044-020) 10 Approve Local Government Partnership Program Contract with South Coast Air Quality Management District, Agreement with ChargePoint, Inc., and Amendment to Fiscal Years 2019-23 Capital Improvement Program Budget for the Purchase and Installation of Electric Vehicle Charging Stations - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 10.1 Approve the AB2766/MSRC Local Government Partnership Program Contract with South Coast Air Quality Management District (SCAQMD), and authorize the City Manager to execute the agreement, as previously approved per Resolution No. 18-16, for regional Mobile Source Air Pollution Reduction Review Committee (MSRC) program funds, in the amount of $141,000; 10.2 Approve an Agreement with ChargePoint, Inc., for the Purchase and Installation of Electric Vehicle Charging Stations, in the amount of $120,000; 10.3 Approve an Amendment to Fiscal Years 2019-23 Capital Improvement Program Budget, for the Electric Vehicle Charging Stations project, to increase MSRC program funding to $141,000, and reduce AB2766 funds to $47,000, for a total project cost of $188,000. 11 Award a Construction Contract to L.C. Paving & Sealing, Inc., for the Pechanga Parkway Widening (From Via Gilberto to North Casino Drive), PW15-14 - Approved Staff Recommendation (4-0, Rahn abstain); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Comerchero, Edwards, Naggar, and Stewart with Rahn abstaining. RECOMMENDATION: 11.1 Award a Construction Contract to L.C. Paving & Sealing, Inc., in the amount of $2,931,500.10, for the Pechanga Parkway Widening (From Via Gilberto to North Casino Drive), PW15-14; Action Minutes 121118 4 11.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $293,150, which is equal to 10% of the Contract amount; 11.3 Authorize payment of up to $146,575, which is equal to 5% of the cost of construction for the Multiple Species Habitat Conservation Plan (MHSCP). 12 Award a Construction Contract to Mamco, Inc. dba Alabbasi for Butterfield Stage Road — Phase III, PW 15-11 - Approved Staff Recommendation (3-0, Comerchero and Naggar abstain); Motion by Edwards, Second by Naggar; and electronic vote reflected approval by Edwards, Stewart and Rahn with Comerchero and Naggar abstaining. RECOMMENDATION: 12.1 Award a Construction Contract to Mamco, Inc. dba Alabbasi, in the amount of $6,015,872, for Butterfield Stage Road — Phase III, PW15-11; 12.2 Authorize the City Manager to approve Contract Change Orders not to exceed the contingency amount of $601,587.20, which is equal to 10% of the contract amount; RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 16 Presentations to City Council Member Jeff Comerchero for 25 Years of Service to the City of Temecula — Receive and file only. JOINT MEETING OF THE CITY COUNCIL AND TEMECULA COMMUNITY SERVICES DISTRICT 17 Accept the November 6, 2018 General Municipal Election Declaration of Results and Conduct Swearing -In Ceremony - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Stewart; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 17.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 2018, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW 18 Appoint the Mayor and Mayor Pro Tem for Calendar Year 2019 - Approved Staff Recommendation (5-0); Motion by Rahn, Second by Edwards; and electronic vote reflected approval by Edwards, Naggar, Schwank, Stewart and Rahn. For the 2019 calendar year, Mayor Pro Tempore Mike Naggar was selected as Mayor and Council Member James Stewart was selected as Mayor Pro Tempore. Action Minutes 121118 5 RECOMMENDATION: 18.1 Appoint the Mayor, effective January 1, 2019, to preside until December 31, 2019; 18.2 Appoint the Mayor Pro Tem, effective January 1, 2019, to hold this office until December 31, 2019. 19 Appoint the President and Vice -President of the Temecula Community Services District for Calendar Year 2019 - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Edwards; and electronic vote reflected approval by Edwards, Naggar, Schwank, Stewart and Rahn. For the 2019 calendar year, Council Member James Stewart was selected as TCSD President and Council Member Zak Schwank was selected as Vice -President. RECOMMENDATION: 19.1 Appoint the President, effective January 1, 2019, to preside until December 31, 2019; 19.2 Appoint the Vice -President, effective January 1, 2019, to hold this office until December 31, 2019. JOINT MEETING ADJOURNMENT COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 9:33 PM, the City Council meeting was formally adjourned to Tuesday, January 8, 2019, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 121118 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CONSENT Item No. 20 ACTION MINUTES December 11, 2018 City Council Chambers, 41000 Main Street, Temecula, California SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING The Successor Agency to the Temecula Redevelopment Agency convened at 7:34 PM CALL TO ORDER: Chairperson Matt Rahn ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Stewart, Rahn SARDA PUBLIC COMMENTS None SARDA CONSENT CALENDAR 14 Approve the Action Minutes of November 27, 2018 - Approved Staff Recommendation (5-0); Motion by Stewart, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 14.1 That the Board of Directors approve the action minutes of November 27, 2018. 15 Approve the Second Amendment to the Disposition and Development Agreement between the City of Temecula, Successor Agency to the Temecula Redevelopment Agency, and Town Square Marketplace Old Town, LLC - Approved Staff Recommendation (5-0); Motion by Stewart, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 15.1 That the Successor Agency adopt a resolution entitled: RESOLUTION NO. SARDA 18-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF TEMECULA, SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, AND TOWN SQUARE MARKETPLACE OLD TOWN, LLC CONVEYING APPROXIMATELY ONE ACRE OF PROPERTY LOCATED ON MAIN STREET WEST OF MERCEDES STREET SARDA Action Minutes 121118 1 SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTORS REPORTS SARDA ADJOURNMENT At 7:35 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, January 8, 2019 at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Matt Rahn, Chair ATTEST: Randi Johl, Secretary [SEAL] SARDA Action Minutes 121118 2 Item No. 21 Approvals City Attorney Director of Finance City Manager THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Board of Directors FROM: Luke Watson, Director of Community Development DATE: January 8, 2019 SUBJECT: Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2019 through June 30, 2020 (ROPS 19-20) PREPARED BY: Lynn Kelly -Lehner, Principal Management Analyst RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. SARDA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2019 THROUGH JUNE 30, 2020 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH 2. Adopt a resolution entitled: RESOLUTION NO. SARDA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH BACKGROUND: Pursuant to Health and Safety Code Section 34177 and Section 34177 (o), successor agencies are required to prepare, in advance, a Recognized Obligation Payment Schedule (ROPS) that is forward looking for twelve months. The ROPS lists all of the Successor Agency's anticipated payments for enforceable obligations during the covered period. The Successor Agency is required to submit this ROPS for the period of July 1, 2019 through June 20, 2020 to the Riverside County Oversight Board for approval by January 31, 2019, and the State Department of Finance, the State Controller's Office, and the County Auditor Controller no later than February 1, 2019. Preparation of a Recognized Obligation Payment Schedule is in furtherance of allowing the Successor Agency to pay enforceable obligations of the former Redevelopment Agency. Administrative Budget The proposed administrative budget must include all of the following: • Estimated amounts for Successor Agency administrative costs for the applicable six- month fiscal period; • Proposed sources of payment for the administrative costs; and • Proposals for arrangements for administrative and operations services provided by the City or other entity. ABX1 26 provides that the Successor Agency may include, among others, the value of City staff, including employee benefits, necessary for the administration and operations of the Successor Agency; and the cost of other resources of the City necessary for the administration and operations of the Successor Agency, such as office space, supplies, equipment, utilities, and insurance. ABX1 26 provides for an administrative cost allowance to annually be paid to the Successor Agency of not less than $250,000 a year. However, in the event there are insufficient funds to pay the former Redevelopment Agency's enforceable obligations, some or all of the administrative cost allowance will be used to pay for the enforceable obligations, and these funds will not be available for administrative expenses of the Successor Agency. The administrative cost allowance will exclude any administrative costs that can be paid from bond proceeds or from sources other than property tax. However, the use of bond proceeds to pay administrative expenses is subject to certain limitations. The Successor Agency is now required to submit each proposed administrative budget to the County Oversight Board for its approval. The Successor Agency is also required to provide administrative cost estimates from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor -Controller for each six-month fiscal period. The attached Resolution approves the proposed administrative budget for FY 2019-20, which is attached as Exhibits A to the Resolution. Because of the County's early deadline for the approval of the proposed budget, the attached proposed budget is based upon the 2018-19 budget. FISCAL IMPACT: Adoption of the proposed resolution will enable the Successor Agency to fulfill its enforceable obligations. In accordance with Health and Safety Code Section 34173(e), the liability of the Successor Agency, acting pursuant to the powers granted under Part 1.85, shall be limited to the extent of, and payable solely from, the total sum of property tax revenues it receives pursuant to Part 1.85 and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations of the Successor Agency and not of the City. ABX1 26 provides for an administrative cost allowance to annually be paid to the Successor Agency of not less than $250,000 a year, as outlined in the proposed 2019-20 Administrative Budget. ATTACHMENTS: 1. Resolution — ROPS 2. Exhibit A — Recognized Obligations Payment Schedule for the period of July 1, 2019 through June 30, 2020 (ROPS 19-20) 3. Resolution — Budget 4. Exhibit A — 2019-20 Successor Agency to the Redevelopment Administrative Budget RESOLUTION NO. SARDA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JULY 1, 2019 THROUGH JUNE 30, 2020 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91- 15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91- 11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07-20 adopted by the City Council. B. The City Council of the City of Temecula adopted Resolution No. 12-02 January 10, 2012, pursuant to Health and Safety Code Section 34173 and applicable law electing for the City to serve as the Successor Agency for the Temecula Redevelopment Agency upon the dissolution of the Redevelopment Agency of the City of Temecula. The City Council of the City of Temecula, acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency, adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency"). C. Pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 Ca1.4th 231(2011)), on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings, and equipment of the former Temecula Redevelopment Agency transferred to the control of the Successor Agency by operation of law. D. Pursuant to Health and Safety Code Section 34177(o), the Successor Agency must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2019 through June 30, 2020 (ROPS 19-20) and submit ROPS 19-20 to the Oversight Board of the Successor Agency (the "Oversight Board") for approval. E. Accordingly, the Board desires to adopt this Resolution approving the ROPS 19-20. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34177. Section 3. The Board hereby approves ROPS 19-20 substantially in the form attached as Exhibit A to this Resolution and incorporated herein by reference (the "ROPS"). The Executive Director of the Successor Agency, in consultation with the Successor Agency's legal counsel, may modify the ROPS 19-20 as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable. Section 4. The Board hereby designates the Finance Director as the official to whom the DOF may make requests for review in connection with the ROPS 19-20 and who shall provide the DOF with the telephone number and e-mail contact information for the purpose of communicating with the DOF. Section 5. Staff is hereby authorized and directed to post a copy of the Oversight Board -approved ROPS 19-20 on the Successor Agency's Internet Website (being a page on the Internet website of the City of Temecula). Section 6. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including submitting the ROPS 19-20 to the oversight board for approval and requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and any such actions previously taken by such officers are hereby ratified and confirmed. Section 7. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 8th day of January, 2019. Michael S. Naggar, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 19- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 8th day of January, 2019, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A Recognized Obligations Payment Schedule (ROPS) for the period July 1, 2019 through June 30, 2020 (ROPS 19-20) Successor Agency: County: Recognized Obligation Payment Schedule (ROPS 19-20) - Summary Filed for the July 1, 2019 through June 30, 2020 Period Temecula Riverside 19-20A Total 19-20B Total Current Period Requested Funding for Enforceable Obligations (ROPS Detail) (July - December) (January - June) ROPS 19-20 Total A Enforceable Obligations Funded as Follows (B+C+D): $ 12,741,039 $ - $ 12,741,039 B Bond Proceeds 12,741,039 12,741,039 C Reserve Balance _ D Other Funds E Redevelopment Property Tax Trust Fund (RPTTF) (F+G): $ 3,741,487 $ 3,743,141 $ 7,484,628 F RPTTF 3,616,487 3,618,141 7,234,628 G Administrative RPTTF 125,000 125,000 250,000 H Current Period Enforceable Obligations (A+E): $ 16,482,526 $ 3,743,141 $ 20,225,667 Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. /s/ Name Title Signature Date 11111111111111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111111111iii 111111111111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111111iii 111111111111111111111111111111111111101111111111111111111111111 1111111111111111111111111111111111111111111111111111111111111111 1011111111111111111111111111111111111111111111111111111111111111111 11111111101111111111101111111111111111111111111111111111111 iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiioiiiiiiiiiiiiiiiiiiirriuii IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 10100111111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111011111111101011111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111111111111111111111111111111111111111111111111111111111 11101110111111111111111111H11111111111111111111111111111 Temecula Recognized Obligation Payment Schedule (ROPS 19-20) - Report of Cash Balances July 1, 2016 through June 30, 2017 (Report Amounts in Whole Dollars) source is available or when payment from property tax revenues is required by an enforceable obligation. For tips on how to complete the Report of Cash Balances Form, see Cash Balance Tips Sheet. A B C D E F G H ROPS 16-17 Cash Balances (07/01/16 - 06/30/17) Fund Sources Comments Bond Proceeds Reserve Balance Other Funds RPTTF Bonds issued on or before 12/31/10 Bonds issued on or after 01/01/11 Prior ROPS RPTTF and Reserve Balances retained for future period(s) Rent, Grants, Interest, etc. Non -Admin and Admin 1 Beginning Available Cash Balance (Actual 07/01/16) RPTTF amount should exclude "A" period distribution amount 7,987,222 8,585,185 161,398 (68,603) 2 Revenue/Income (Actual 06/30/17) RPTTF amount should tie to the ROPS 16-17 total distribution from the County Auditor -Controller 18,994 37,662 3,752 7,310,009 3 Expenditures for ROPS 16-17 Enforceable Obligations (Actual 06/30/17) 6,945,514 4 Retention of Available Cash Balance (Actual 06/30/17) RPTTF amount retained should only include the amounts distributed as reserve for future period(s) 1,970,755 5 ROPS 16-17 RPTTF Prior Period Adjustment RPTTF amount should tie to the Agencys ROPS 16-17 PPA form submitted to the CAC No entry required 6 Ending Actual Available Cash Balance (06/30/17) CtoF=(1+2-3-4),G=(1+2-3-4-5) $ 8,006,216 $ 8,622,847 $ 0 $ 165,150 $ (1,674,863) Temecula Recognized Obligation Payment Schedule (ROPS 19-20) - Notes July 1, 2019 through June 30, 2020 Item # Notes/Comments 31 (Row 31, Column 0) RPTTF request of $1,782,675 represents 50% of the Principal payment due on December 2019 ($692,500), plus interest due December 2019 ($1,090,175), per Section 5.01.1 of the Indeture dated December 1, 2017. 31 (Row 31, Column U) RPTTF request of $1,779,975 represents 50% of the Principal payment due on December 2020 ($717,500), plus interest due June 2020 ($1,062,475), per Section 5.01.1 of the Indeture dated December 1, 2017. 32 (Row 32, Column 0) RPTTF request of $1,035,516 represents 50% of the Principal payment due on December 2019 ($492,500), plus interest due December 2019 ($543,016), per Section 5.01.1 of the Indeture dated December 1, 2017. 32 (Row 32, Column U) RPTTF request of $1,038,166 represents 50% of the Principal payment due on December 2020 ($505,000), plus interest due June 2020 ($533,166), per Section 5.01.1 of the Indeture dated December 1, 2017. 35 Amount represents an adjustment noted 2018-19 Annual Recognized Obligation Payment Schedule letter received from Department of Finance. Agency inlcuded and considereed this amount as part of the Funding Sources Reserve Balance on the 18-19A ROPS to make the 2017 TAB Debt Service payments. As a result, no adjustment should have been made to RPTTF Requested, as it never was originally considered an RPTTF Funding Source RESOLUTION NO. SARDA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY APPROVING THE PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that: A. Pursuant to Part 1.85 of the Community Redevelopment Law (commencing with Health and Safety Code Section 34170) ("Part 1.85"), the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency") is required to undertake a number of actions related to winding down the affairs of the former Redevelopment Agency pursuant to Health and Safety Code Section 34177(h). B. In connection with the administration and operations of the Successor Agency, the Successor Agency is and will be utilizing the staff, facilities, and other resources of the City. The City Manager of the City serves as Executive Director of the Successor Agency, the Temecula Director of Finance serves as Finance Officer of the Successor Agency, and the City Clerk serves as Secretary to the Successor Agency. Planning, Finance, Engineering, Public Works, and other City departments devote and are expected to devote substantial time with respect to the administration and operations of the Successor Agency, including gathering information relating to the Redevelopment Agency's enforceable obligations, conferring with public officials representing governmental agencies, and undertaking other activities in connection with administration and operations of the Successor Agency. C. By providing and making available to the Successor Agency the staff, facilities, services, and other resources of the City, including, without limitation, consultants, legal counsel, office space, equipment, supplies, and insurance, necessary to the administration and operations of the Successor Agency, the City has advanced and will continue to advance the cost of the foregoing to the Successor Agency. The City and the Successor Agency desire to enter into an agreement to provide for an appropriate method of reimbursement of such advances by the Successor Agency to the City. D. Pursuant to Health and Safety Code Section 34171(d)(1)(F), contracts or agreements necessary for the administration or operation of the Successor Agency are enforceable obligations and pursuant to Health and Safety Code Sections 34178(a) and 34180(h), the Successor Agency may enter into agreements with the City with the approval of the Oversight Board for the Successor Agency (the "Oversight Board"). E. Pursuant to Health and Safety Code Section 34177(j), the Successor Agency is required to prepare a proposed administrative budget for each six-month fiscal period and submit each proposed administrative budget to the Oversight Board for its approval. Each proposed administrative budget shall include all of the following: (1) Estimated amounts for Successor Agency administrative costs for the applicable six- month fiscal period; (2) Proposed sources of payment for the costs identified in (1); and (3) Proposals for arrangements for administrative and operations services provided by the City or another entity. F. Pursuant to Health and Safety Code Section 34177(k), the Successor Agency is required to provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor -Controller for each applicable six-month fiscal period. Section 2. This Resolution is adopted pursuant to the provisions of Part 1.85. Section 3. The Board hereby approves the administrative budget for the twelve-month fiscal period commencing July 1, 2019 and ending June 30, 2020, attached hereto as Exhibit A and incorporated herein by reference. Section 4. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers and staff are hereby ratified and confirmed. Section 5. The Secretary shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 8th day of January, 2019. Michael S. Naggar, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 19- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 8th day of January, 2019, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl Secretary Exhibit A Successor Agency to the Temecula Redevelopment Agency FY 2018-19 Administrative Budget Account Number Successor Agency to the Redevelopment Agency FY 2019-20 Administrative Budget Category Administrative Portion Other Sources Total 165.199.999.5100 165.199.999.5102 165.199.999.5103 165.199.999.5104 165.199.999.5105 165.199.999.5106 165.199.999.5108 165.199.999.5109 165.199.999.5110 165.199.999.5111 165.199.999.5112 165.199.999.5113 165.199.999.5114 165.199.999.5115 165.199.999.5116 165.199.999.5117 165.199.999.5121 165.199.999.5190 Salaries & Wages PERS Retirement CAL Cash Out Medicare Benefits Flex - Cash Back Auto Allowance Vol Life Insurance Unemployment Training Tax Disability Insurance Cafeteria Benefit Workers' Comp Health Insurance Dental Insurance Medical Reimbursement Vision Insurance Child Care Reimbursement Overtime Wages Life & Accident Insurance Total Salaries and Benefits 165.199.999.5230 165.199.999.5246 165.199.999.5248 165.199.999.5250 165.199.999.5260 165.199.999.5261 165.199.999.5262 165.199.999.5444 Total Operations and 165.199.999.5330 165.199.999.5540 165.199.999.5545 165.199.999.5550 Postage & Packaging Legal Services - General Consulting Services Other Outside Services Professional Meetings Staff Training/Education Mileage Oversight Board Obligations Maintenance Insurance Information Technology Support Services Facilities Total Internal Service Fund Allocation $78,230.13 $83,706.87 $24,497.49 $26,212.51 $3,315.93 $3,548.07 $1,182.60 $1,265.40 $0.00 $0.00 $579.71 $620.29 $76.81 $82.19 $241.54 $258.46 $0.00 $0.00 $14,376.76 $15,383.24 $3,448.30 $3,689.70 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $125,949.27 $134,766.73 $251.21 $39,035.60 $4,927.52 $62,801.69 $0.00 $1,207.72 $125.60 $0.00 $108,349.34 $161,937.00 $50,710.00 $6,864.00 $ 2,448.00 $0.00 $1,200.00 $159.00 $ 500.00 $0.00 $29,760.00 $7,138.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $260,716.00 $268.79 $520.00 $41,768.40 $80,804.00 $5,272.48 $10,200.00 $67,198.31 $130,000.00 $0.00 $0.00 $1,292.28 $2,500.00 $134.40 $260.00 $0.00 $0.00 $115,934.66 $224,284.00 $3,896.12 $4,168.88 $8,065.00 $7,334.75 $7,848.25 $15,183.00 $120.77 $129.23 $250.00 $4,349.74 $4,654.26 $9,004.00 $15,701.39 $16,800.61 $32,502.00 Total SARDA Administrative Budget $250,000.00 $267,502.00 $517,502.00 TEMECULA PUBLIC FINANCING AUTHORITY PUBLIC HEARING Item No. 22 Approvals City Attorney Director of Finance City Manager TEMECULA PUBLIC FINANCING AUTHORITY AGENDA REPORT TO: Board of Directors FROM: Aaron Adams. Executive Director DATE: January 8, 2019 SUBJECT: Adopt Resolutions Approving the Formation of Community Facilities District No. 19-01 (Municipal Services) for Cypress Ridge Development, Tri Pointe Homes, Inc. PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the Board of Directors adopt the following resolutions: 1. RESOLUTION NO. TPFA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT, SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT, AND PROVIDING FOR THE FUTURE ANNEXATION OF TERRITORY TO THE DISTRICT RESOLUTION NO. TPFA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) RESOLUTION NO. TPFA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN — COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) 2. Introduce and read by title only an ordinance entitled: ORDINANCE NO. TPFA 19 - AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) BACKGROUND: The California State Legislature enacted the Mello -Roos Community Facilities Act of 1982 (the "Mello -Roos Act") in order to allow public agencies to finance public facilities or to finance certain public services through the formation of a Community Facilities District ("CFD"). The current owner of the property to be developed into the 245 residential unit Cypress Ridge development, Tri Pointe Homes, Inc., (the "Property Owner"), has requested, as one of the conditions of approval of its development, that the Temecula Public Financing Authority (Authority) form a new Community Facilities District ("CFD 19-01") to finance police and fire protection services, as well as certain other municipal services. At the recommendation of City Staff and with agreement of the Property Owner, CFD 19-01 will be formed as a municipal services CFD to include the provision for future annexations into CFD 19-01 which will allow the Authority to offset the cost of municipal services as a result of increased development occurring within the City. The territory which may be annexed into CFD 19-01 includes all property within the boundaries of the City. Because the Cypress Ridge development will establish the initial boundaries of CFD 19-01, it has been classified as Tax Zone 1. Additional tax zones may be established in the future by the CFD as additional developments are annexed. At its meeting November 13, 2018, the Board of Directors adopted Resolution No. TPFA 18-09 acknowledging receipt of a deposit relative to the formation of the new CFD, declared its intention to establish the CFD, and set a public hearing for January 8, 2019 to consider and determine whether the public interest, convenience and necessity require the formation of the CFD. Following the conduct of the Public Hearing, the Board of Directors will be asked to: Adopt a Resolution authorizing the formation of the CFD, the levy of a special tax, establish an appropriations limit for the District, submit the levy and appropriations limit to the qualified electors and provide for the future annexation of territory into the District Adopt a Resolution to call a special election of the sole qualified elector of the District Adopt a Resolution to declare the results of the special election and direct the recordation of a Notice of Special Tax Lien Introduce an Ordinance to levy the special taxes FISCAL IMPACT: The City has received an advance deposit of $34,500 to pay for the costs associated with the formation of CFD 19-01. If approved, the levy of special taxes within the CFD will finance certain municipal services and related eligible administrative expenses. ATTACHMENTS: 1. Resolution — Authorizing Levy of Special Taxes, Establishing an Appropriations Limit, Submitting Levy and Appropriations Limit to the Qualified Electors and Providing for the Future Annexation of Territory into the District 2. Resolution — Calling Special Election within CFD 19-01 3. Resolution — Declaring Results of Special Election and Directing Recording of a Notice of Special Tax Lien 4. Ordinance — Authorizing Levy of Special Taxes 5. Community Facilities District Report 6. Notice of Public Hearing Proof of Publication RESOLUTION NO. TPFA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY OF FORMATION OF TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT, SUBMITTING LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE DISTRICT, AND PROVIDING FOR THE FUTURE ANNEXATION OF TERRITORY TO THE DISTRICT THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On November 13, 2018, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Acknowledging Receipt of a Deposit Relative to the Formation of a Community Facilities District, and Declaring Its Intention to Establish the Community Facilities District and to Authorize the Levy of Special Taxes Therein — Municipal Services" (the "Resolution of Intention") stating its intention to form the Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) (the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, constituting Section 53311 et seq. of the California Government Code (the "Law"). Section 2. The Resolution of Intention, incorporating by reference a map of the proposed boundaries of the District, a description of the municipal services and related administrative expenses eligible to be funded by the District (the "Services"), and the rate and method of apportionment of the special tax to be levied within the District to pay the costs of the Services is on file with the Secretary and the provisions thereof are incorporated herein by this reference as if fully set forth herein. Section 3. On this date, this Board of Directors held the public hearing as required by the Law and the Resolution of Intention relative to the proposed formation of the District. Section 4. At the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District, the Services and the levy of the special tax were heard and a full and fair hearing was held. Section 5. At the hearing evidence was presented to this Board of Directors on the matters before it, including a report by the Director of Public Works of the City of Temecula (the "Report") as to the Services and the costs thereof, a copy of which is on file with the Secretary, and this Board of Directors at the conclusion of the hearing was fully advised regarding the District. Section 6. Written protests with respect to the formation of the District and/or the furnishing of the Services as described in the Report have not been filed with the Secretary by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax. Section 7. The special tax proposed to be levied in the District to finance the Services, as set forth in Exhibit B to the Resolution of Intention, has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special tax. Section 8. On April 10, 2001, this Board of Directors adopted a resolution approving Local Goals and Policies for Community Facilities Districts, and this Board of Directors hereby finds and determines that the District is in conformity with said goals and policies. Section 9. All prior proceedings taken by this Board of Directors in connection with the establishment of the District and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Law. Section 10. The community facilities district designated "Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services)" is hereby established pursuant to the Law. Section 11. The boundaries of the District, as described in the Resolution of Intention and set forth in the boundary map of the District recorded on November 28, 2018 at 2:19 p.m. in the Riverside County Recorder's Office in Book 83 of Maps of Assessment and Community Facilities Districts at Page 34 (instrument no. 2018-0464323), are hereby approved, are incorporated herein by this reference and shall be the boundaries of the District. Section 12. The Services are as described in Exhibit A to the Resolution of Intention which Exhibit is by this reference incorporated herein. This Board of Directors hereby finds that the Services are necessary to meet increased demands placed upon local agencies as the result of development occurring in the District. Section 13. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied within the District and collected in the same manner as ordinary ad valorem property taxes or in such other manner as this Board of Directors shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B to the Resolution of Intention which Exhibit is by this reference incorporated herein. This Board of Directors hereby finds that the basis for the levy and apportionment of the special tax, as set forth in the Rate and Method, is reasonable. Section 14. The Treasurer of the Temecula Public Financing Authority, 41000 Main Street, Temecula, CA 92590, telephone number (951) 693-3945, is the officer of the Authority that will be responsible for preparing annually and whenever otherwise necessary a current roll of special tax levy obligations by assessor's parcel number and which will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Law. Section 15. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the lien is canceled in accordance with law or until collection of the tax by the Authority ceases. Section 16. In accordance with Section 53325.7 of the Law, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, of the District is hereby preliminarily established in the initial amount of $5,000,000 and said appropriations limit shall be submitted to the qualified electors of the District as provided below. The proposition establishing the appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted annually in accordance with the applicable provisions of Section 53325.7 of the Law. Section 17. Pursuant to the provisions of the Law, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election, the time, place and conditions of which election shall be as specified by a separate resolution of this Board of Directors. Section 18. All or any portion of the territory proposed for annexation to the District, as described in Section 18 of the Resolution of Intention and on the map of the Boundaries — Potential Annexation Area of the District recorded on November 28, 2018 at 2:19 p.m. in the Riverside County Recorder's Office in Book 83 of Maps of Assessment and Community Facilities Districts at page 35 (instrument no. 2018-0464324), may be annexed to the District from time to time upon the unanimous approval of the owner or owners of each parcel or parcels in the annexation area then to be annexed, without additional hearings, as permitted by Section 53339.7(a) of the Law. Section 19. The City Council hereby finds and determines that formation of the District is not a project subject to the California Environmental Quality Act set forth in Public Resource Code Sec. 21000 et seq. ("CEQA") and the CEQA Guidelines set forth in 14 Cal. Code Regs. Sec. 15000 et seq. The direct effects of the formation of the District and the adoption of this Resolution would not constitute a project as defined by CEQA Section 21065 and CEQA Guidelines Sections 15378(b)(4) and (b)(5) because they constitute: (a) the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment; and (b) organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. As a separate and independent ground, the formation of the District and the adoption of this Resolution are exempt from the requirements of CEQA and the CEQA Guidelines pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Resolution will have a significant effect on the environment. The City Council therefore hereby directs City staff to prepare and file a Notice of Exemption with the County Clerk within five days of the adoption of this Resolution pursuant to Section 21080 of the Public Resources Code and Section 15062 of the CEQA Guidelines. Section 20. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 8th day of January, 2019. ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss Michael S. Naggar, Chair I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 19- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 8th day of January, 2019, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) DESCRIPTION OF SERVICES AND RELATED ADMINISTRATIVE EXPENSES ELIGIBLE TO BE FUNDED BY THE DISTRICT SERVICES The services to be financed, in whole or in part, by the community facilities district (the "District") include the following: Public safety services, including police protection. fire protection and suppression. services. and ambulance and paramedic services. Maintenance of landscaping in public areas, public easements and public right of way. such maintenance to include but not be limited to maintenance of planting areas, trees. bio -retention filters. multipurpose trails. and the furnishing of water for irrigation. • Maintenance of sidewalks in or near to the area of the District. • Maintenance of public signage in or near the District. Maintenance of storm protection and drainage systems within or serving the area of the District including but not limited to storm drain pipes. culverts, detentionidesilting basins, manholes. catch basins and drop inlets. cleanout of storm drains and catch basin cleaning and inspection. Maintenance of streets and roadways within or in the vicinity of the District, including but not limited to slurry. overlay, curbs and gutters. curb ramps. striping and street sweeping. • Maintenance of street lighting located within or in the vicinity of the District. including but not limited to street lights, decorative lighting and pull box assemblies. • Maintenance of traffic signals within and in the vicinity of the District. including but not limited to electrical, LED replacement. maintenance and replacement. • Maintenance and lighting of parks. parkways and open space. • Graffiti removal from public improvements within and in the area of the District. Maintenance of water and sewer systems with an estimated useful life of five or more years and serving the area in or in the general area of the District and owned by the Temecula Public Financing Authority or by another local agency pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to Section 53316.2 of the California Government Code. Al The District may finance any of the following related to the services described above: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the improvements, including repair, removal or replacement of all or part of any of the improvements, the furnishing of water for the irrigation and the furnishing of electric current or energy for any lights or irrigation facilities. obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained. obtaining supplies or appurtenant facilities necessary for such maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. It is expected that the services will be provided by the City of Temecula (the "City"), either with its own employees or by contract with third parties. or any combination thereof. The services to be financed by the District are in addition to those provided in the territory of the District before the date of creation of the District and will not supplant services already available within that territory when the District is created. ADMINISTRATIVE EXPENSES The administrative expenses to be financed by the District include the direct and indirect expenses incurred by the Authority and the City in carrying out their respective duties with respect to the District (including, but not limited to. the levy and collection of the special taxes) including the fees and expenses of attorneys. any fees of the County of Riverside related to the District or the collection of special taxes, an allocable share of the salaries of the Authority and City staff directly related thereto and a proportionate amount of the Authority's and the City's general administrative overhead related thereto, any amounts paid by the Authority and the City from its respective general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the Authority and the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the Authority and City in any way related to the District. OTHER The incidental expenses that may be financed by the District include. in addition to the administrative expenses identified above. the payment or reimbursement to the Authority, the City and any owner of land in the District of all costs associated with the establishment of the District. A2 EXHIBIT B RATE AND METHOD OF APPORTIONMENT FOR TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) The following sets forth the Rate and Method of Apportionment for the levy and collection of an Annual Special Tax in the Temecula Public Financing Authority ("Authority") Community Facilities District No. 19-01 ("CFD No. 19-01"). An Annual Special Tax shall be levied and collected in CFD No. 19-01 each Fiscal Year, in an amount determined through the application of the Rate and Method of Apportionment described below. All of the real property within CFD No. 19-01. unless exempted by law or by the provisions hereof. shall be taxed for the purposes, to the extent, and in the manner herein provided. SECTION A DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map. or if the land area is not shown on the Assessor's Parcel Map. the land area as shown on the applicable Final Map, or if the land area is not shown on the applicable Final Map. the land area as calculated by the CFD Administrator or City engineer. "Act" means the Mello -Roos Community Facilities Act of 1982. as amended. being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 19-01. including but not limited to the following: (i) the costs of computing the Special Tax and of preparing the annual Special Tax collection schedule (whether by the CFD Administrator or designee thereof. or both): (ii) the costs of collecting the Special Tax (whether by the County. the Authority. the City, or otherwise); (iii) the costs of responding to property owner inquiries regarding the Special Tax; (iv) the costs of the Authority. the City or designee related to any appeal of the Special Tax. (v) the costs of commencing and pursuing to completion any foreclosure action arising from delinquent Special Taxes. (vi) the costs of preparing required reporting obligations, and (vii) an allocable share of the salaries of the City staff and City overhead expense directly relating to the foregoing. Administrative Expenses shall also include amounts advanced by the City for any administrative purposes of CFD No. 19-01. "Annual Special Tax" means for each Assessor's Parcel, the Special Tax actually levied in a given Fiscal Year on any Assessor's Parcel of Taxable Property. "Approved Property" means all Assessor's Parcels of Taxable Property other than Exempt Property: (i) that are included in a Final Map that was recorded prior to the January 1s' immediately preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a Building Permit on or before the April 1st immediately preceding the Fiscal Year in which the Special Tax is being levied. "Assessor" means the County Assessor. "Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's Parcel Number located within the boundaries of CFD No. 19-01. B-1 "Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that number assigned to a lot or parcel of land by the Assessor for purposes of identification. "Board of Directors" means the Board of Directors of the Authority, acting as the legislative body of CFD No. 19-01, or its designee. "Building Permit" means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, "Building Permit" may or may not include any subsequent building permits issued or changed after the first issuance. as determined by the CFD Administrator. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the building permit application for such Assessor's Parcel and subject to verification by the CFD Administrator. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD No. 19-01" or "CFD" means Community Facilities District No 19-01 (Municipal Services) established by the Authority under the Act. "CFD Administrator" means the Director of Finance of the City, or designee thereof. responsible for, among other things. determining the Special Tax Requirement and providing for the levy and collection of said Special Tax. "City" means the City of Temecula, California. "County" means the County of Riverside. California. 'Developed Property" means all Assessor's Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to January 13' preceding the Fiscal Year in which the Special Tax is levied, and (ii) a building permit was issued on or before April 1'1 preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor's Parcels designated as being exempt from the Special Tax provided for in Section D. "Final Map" means a subdivision of property by recordation of a final map. parcel map. or lot line adjustment, pursuant to the Subdivision map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots that do not need, and are not expected. to be further subdivided prior to the issue of a Building Permit. 30. "Fiscal Year" means the period commencing July 1 of any year and ending the following June "Land Use Type" means Residential Property, Multifamily Residential Property. or Nor - Residential Property. B-2 "Maximum Special Tax" means for each Assessor's Parcel of Taxable Property, the maximum Special Tax, determined in accordance with Section C that can be levied in any Fiscal Year on such Assessor's Parcel. "Multifamily Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for the purpose of constructing a building or buildings comprised of attached Units available for rental by the general public. not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non -Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit was issued for any type of non-residential use. "Proportionately" means for Taxable Property that the ratio of the Annual Special Tax levy to the Maximum Special Tax is equal for all applicable Assessor's Parcels. "Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more residential dwelling Units. which are not Multifamily Residential Property. "Services" means services authorized to be funded by CFD No. 19-01. "Special Tax(es)" means the Special Tax authorized to be levied on Taxable Property within and by CFD No. 19-01 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement" means, subject to the Maximum Special Tax, that amount to be collected in any Fiscal Year to pay for the Services as otherwise required to meet the needs of CFD No. 19-01. The costs include the costs for (i) the Services, and (ii) Administrative Expenses: less (iii) a credit for funds available to reduce the Annual Special Tax levy, if any. as determined by the CFD Administrator. "Taxable Property" means all Assessor's Parcels within CFD No. 19-01. which are not Exempt Property. "Tax Zone" means a mutually exclusive geographic area. within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix B identifies the Tax Zone in CFD No. 19-01 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Temecula Public Financing Authority" or "Authority" or "PFA" means the Temecula Public Financing Authority. "Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not Developed Property. Approved Property, or Exempt Property. "Unit" means any residential structure. B-3 SECTION B CLASSIFICATION OF ASSESSOR'S PARCELS Each Fiscal Year. beginning with Fiscal Year 2019-20, each Assessor's Parcel within CFD No. 19-01 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor's Parcel of Taxable Property shall be further classified as Developed Property, Approved Property. or Undeveloped Property. In addition. each Assessor's Parcel of Developed Property shall further be classified as Residential Property, Multifamily Residential Property or Non -Residential Property. SECTION C MAXIMUM SPECIAL TAX 1. Developed Property Each Fiscal Year. each Assessor's Parcel of Residential Property, Multifamily Residential Property, and Non -Residential Property shall be subject to the Maximum Special Tax. The Maximum Special Tax for each Assessor's Parcel of Taxable Property as shown in Table 1 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 19-01. the rate and method approved for the annexed property shall reflect the Maximum Special Tax for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax for Fiscal Year 2019-2020 within Tax Zone 1 applicable to an Assessor's Parcel of Developed Property shall be determined using Table 1 below. TABLE 1 MAXIMUM SPECIAL TAX RATES FOR DEVELOPED PROPERTY Tax Zone Land Use Type Maximum Special Tax Annual Increase in Maximum Special Tax 1 Residential Property $463.58 per Unit 5.6% 1 Multifamily Residential Property $11,256 per Acre 5.6% 1 Non Residential Property $11,256 per Acre 5.6% 2. Approved Property Each Fiscal Year, each Assessor's Parcel of Approved Property shall be subject to the Maximum Special Tax. The Maximum Special Tax for each Assessor's Parcel of Approved Property as shown in Table 2 shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 19-01, the rate and method approved for the annexed property shall reflect the Maximum Special Tax for the Tax Zones annexed and included in Appendix A. B-4 The Maximum Special Tax applicable to an Assessor's Parcel of Approved Property shall be determined using Table 2 below. TABLE 2 MAXIMUM SPECIAL TAX RATES FOR APPROVED PROPERTY Tax Zone Land Use Type Maximum Special Tax Annual Increase in Maximum Special Tax 1 Residential Property $463.58 per lot 5.6% 1 Multifamily Residential Property $11,256 per Acre 5.6% 1 Non -Residential Property $11,256 per Acre 5.6% 3. Undeveloped Property No Special Tax shall be levied on Undeveloped Property. 4. Increase in the Maximum Special Tax On each July 1. commencing July 1. 2020, the Maximum Special Tax shall be increased by the percentages indicated above in Tables 1 and 2. SECTION 0 EXEMPT PROPERTY The CFD Administrator shall classify as Exempt Property: (i) Assessor's Parcels which are owned by, irrevocably offered for dedication. encumbered by or restricted in use by the State of California, Federal or other local governments. including school districts, (ii) Assessor's Parcels which are owned by, irrevocably offered for dedication. encumbered by or restricted in use by a homeowners' association, or (iii) Assessor's Parcels with other types of public uses determined by the CFD Administrator. SECTION E METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX Commencing with Fiscal Year 2019-20 and for each following Fiscal Year. the Authority shall determine the Special Tax Requirement and shall levy the Special Tax on all Assessor's Parcels of Taxable Property until the aggregate amount of the Special Tax equals the Special Tax Requirement. The Special Tax shall be levied for each Fiscal Year as follows. First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement: Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax for Approved Property. SECTION F PREPAYMENT OF THE SPECIAL TAX No prepayments of the Special Tax are permitted. B5 SECTION G APPEALS AND INTERPRETATIONS Any property owner claiming that the amount or application of the Annual Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax that is disputed. The CFD Administrator of CFD No. 19-01 shall promptly review the appeal, and if necessary. meet with the property owner, consider written and oral evidence regarding the amount of the Annual Special Tax and rule on the appeal. If the CFD Administrator's decision requires that the Annual Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made. but an adjustment shall be made to the Annual Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). The Board of Directors may interpret this Rate and Method of Apportionment of the Annual Special Tax for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses. SECTION H TERM OF THE SPECIAL TAX For each Fiscal Year. the Special Tax shall be levied in perpetuity as long as the municipal Services are being provided. SECTION I MANNER OF COLLECTION The Annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided. however. that CFD No. 19-01 may collect the Annual Special Tax at a different time or in a different manner if necessary to meet its financial obligations. SECTION J FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 19-01 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. B-6 APPENDIX A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE Tax Zone Development Year Included Land Use Type Maximum Special Tax Annual Increase in Maximum Special Tax 1 Cypress Ridge 2018 Residential Property 5463.58 per Unit 5.6% 1 Cypress Ridge 2018 Multifamily Residential Property 511,256 per Acre 5.6% 1 Cypress Ridge 2018 Non -Residential Property 511,256 per Acre 5.6% Increase in the Maximum Special Tax On each July 1, commencing July 1, 2020. the Maximum Special Tax shall be increased by the percentages indicated in the table above. B-7 APPENDIX B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) PROPOSED BOUNDARIES PM • M MKT 1 et 11Y1Mn 1 'f 'emu RAM MAIM. Wein *1M GOT .11 POITM MOTT Mg Melee WPM 0.11111 n 'W/ M WNW .Ile Moth MIMEO MIR ✓ •M MM. Mem Tour. AICIPI 5 WPC, se -1•91 Milne iB+Yi3. SIAt"' i IMMO. 0.4,1 1 MGM r MOM P he Mie > AA[ Me 1 IM 'bMW MT MM. YIO"h I • t/WiM 101•e1e MIM .6OAM *1 If A Keo:Pef1i WPM F Mr 1R et Y .� Az s e.fa11 'M •."3..1G n Afa S1 t .MM Y MM., M/.L'H Wel, M MI soul 1 • o awe. WM.. M•t MEW' 1 eerie 1nha .1 xwr.w M1 Yr TM y.r MAIM cMIFWe MOWN r 4- Mot ro SCK! PROPOSED BOUNDARY MAP TEMECULA PUBLIC FINANCING AUTHOIETY COMMUNITY FACILITES DISTRICT NO. III -01 hNINICIFAL SERVICES). COUNTY OF IMNERSEE. STATE OF CALIFORNIA .M. e/0 IIaeMRi3 J 'V .AM N^ Ina.:.1.1.11 VAM MC M Yv. Me •i(A ♦Y M.1Mt* 1p 1406 1* 1* aaaa . MeM A mounts i[SR:e T NV>16en Mat Jilt ASSESSORS MCH WNW •9fl..MM 3sY Y.wrr.w-.. B-8 .arca PTT 00' '+4 Of 11 1 a ,MAmD U 0110 H 94 ' . 0011301101 IMM a .4 Tet..0 •01OrML ILMCItA0 '.Hurn Nth 1.0 4049C 00 641 4RtA0% eRLAS • 4' 01WMMt. WM CO 0,0011.10 w .., n M Mt 01 NOM" '010 1101 ,cats 401141140,01 . aurM 40000 .. 4:0711! DAH "0410.0 4,0.4 40044.0010‘ nowt; I, '000 A .t 0R0 J 01 YUC411 0' ry 20eO4 Rate 0410•[11( 0000111. 10S CNH seamen 110314 4e1A 4 01.01Ci 40.64111, WEBB AMMELAT CR AREA •PLINOAM• BOUNDARIES - POTENTIAL ANNEXATION AREA TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO 1941 'MUNICIPAL SERVICES' COUNTY OF RNERSIOE STATE OF CALIFORNIA rl.ureu 41 NI mu H Mont • w 41.0 PIAt H ROI 7 IplWf., +1.r 9041!"' t1U I4 IMYHWS 0 f 7001 l M MeV., MS0nON A •1.f mum 1 nnrvq rev r canna Rk R•N ROOM AMMON MX, RM. Rr foR. T ', • L`�(`r.012 a: - } 10111012 B-9 RESOLUTION NO. TPFA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On this date, this Board of Directors adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District, Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District, and Providing for the Future Annexation of Property to the District" (the "Resolution of Formation"), ordering the formation of the Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) (the "District"), authorizing the levy of a special tax on property within the District, preliminarily establishing an appropriations limit for the District and providing for the future annexation of territory to the District. Section 2. Pursuant to the provisions of said resolution, the proposition of the levy of said special tax and the establishment of the appropriations limit is to be submitted to the qualified electors of the District as required by the Mello -Roos Community Facilities Act of 1982, California Government Code Section 53311 et seq. (the "Law"). Section 3. Pursuant to Sections 53325.7 and 53326 of the Law, the issues of the levy of said special tax and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below. Section 4. As authorized by Section 53353.5 of the Law, the two propositions described in Section 2 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A and by this reference incorporated herein. The form of ballot is hereby approved. Section 5. This Board of Directors hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this Board of Directors for the purposes of these proceedings. Accordingly, and pursuant to Section 53326(b) of the Law, this Board of Directors finds that for purposes of these proceedings the sole qualified elector of the District is the only owner of land within the District and that the vote shall be by said landowner or its authorized representative, having one vote for each acre or portion thereof such landowner owns in the District as of the close of the public hearing. Section 6. This Board of Directors hereby calls a special election to consider the measure described in Section 4 above, which election shall be held immediately following adoption of this Resolution in the meeting place of this Board of Directors. The Secretary is hereby designated as the official to conduct said election. It is hereby acknowledged that the Secretary has on file the Resolution of Formation, a map of the proposed boundaries of the District and a sufficient description to allow the Secretary to determine the boundaries of the District. The voted ballot shall be returned to the Secretary no later than immediately following the adoption of this Resolution; and when the qualified voter has voted, the election shall be closed. Section 7. Pursuant to Section 53327 of the Law, the election shall be conducted by mail or hand delivered ballot pursuant to applicable provisions of the California Elections Code. Section 8. This Board of Directors acknowledges that the Secretary verified delivery of ballot to the qualified elector of the District in the form set forth in Exhibit A hereto. The ballot indicated the number of votes to be voted by the landowner. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the Secretary. Analysis and arguments with respect to the ballot measure was waived by the landowner on its voted ballot, as permitted by Section 53327(b) of the Law. Section 9. The Secretary shall accept the ballot of the qualified elector upon and prior to the adoption of this Resolution, whether the ballot be personally delivered or received by mail. The Secretary shall have an available ballot which may be marked in the Board of Directors meeting room on the election day by the qualified elector. Section 10. This Board of Directors hereby further finds that the provision of the Law requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified elector of the District. The petition previously submitted by the landowner of the District and the voted ballot of the qualified elector of the District contained an acknowledgment of a waiver of any time limit pertaining to the conduct of the election and of a waiver of any requirement for analysis and arguments in connection with the election. Accordingly, this Board of Directors finds and determines that the qualified elector has been fully apprised of and has agreed to the shortened time for the election and waiver of analysis and arguments, and has thereby been fully protected in these proceedings. This Board of Directors also finds and determines that the Secretary has concurred in the shortened time for the election. Section 11. Pursuant to the Local Agency Special Tax and Bond Accountability Act, Sections 50075.1 et. seq. of the California Government Code, the ballot measure referred to in Sections 4 and 6 above contains a statement indicating the specific purposes of the special tax, the proceeds of the special tax will be applied only to the purposes specified in the ballot measure, there shall be created by the Treasurer an account into which proceeds of the special tax levies will be deposited (which need not be a separate bank account, but which may be a separate general ledger account so long as such proceeds can be separately accounted for), and the Treasurer is hereby directed to provide an annual report to the Board as required by Section 50075.3 of the California Government Code. Section 12. The Secretary is hereby directed to cause to be published in a newspaper of general circulation circulating within the District a copy of this Resolution as soon as practicable after the date of adoption of this Resolution. Section 13. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 8th day of January, 2019. Michael S. Naggar, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 19- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 81h day of January, 2019, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) OFFICIAL BALLOT Special Tax Election (January 8, 2019) This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the Secretary of the Temecula Public Financing Authority no later than immediately after adoption of the resolution of the Board of Directors calling said election, either by mail or in person. To vote, mark a cross (X) on the voting line after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the Secretary of the Temecula Public Financing Authority and obtain another. BALLOT MEASURE: Shall a special tax payable solely from lands within the Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) (the "District") be levied annually upon lands within the District to be applied to the payment of the costs of municipal services eligible to be funded by the District and to pay the costs of the Authority and the City of Temecula in administering the District, and shall the Yes: annual appropriations limit of the District be established in the initial amount of $5,000,000? No: By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code. Riverside County Assessor's Parcel Nos. of Land Owned in the District: 961-450-012-6 and 961- 450-013-7 Number of Votes: 22 Property Owner: Tri Pointe Homes, Inc. By: A-1 Christian D. Larsen, Assistant Secretary RESOLUTION NO. TPFA 19- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN — COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. In proceedings heretofore conducted by this Board of Directors pursuant to the Mello -Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the "Law"), this Board of Directors on this date adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Calling Special Election Within Community Facilities District No. 19- 01 (Municipal Services)", calling for a special election of the qualified electors within the Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) (the "District"). Section 2. Pursuant to the terms of said resolution, which are by this reference incorporated herein, the special election was held on this date, and the Secretary has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit A. Section 3. This Board of Directors has reviewed the canvass and hereby approves it. Section 4. The issues presented at the special election were the levy of a special tax within the District to be levied in accordance with the rate and method of apportionment of special taxes heretofore approved by this Board of Directors by its resolution adopted this date entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services), Authorizing Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District, Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District, and Providing for the Future Annexation of Territory to the District", and the approval of an initial annual appropriations limit for the District of $5,000,000 pursuant to said Resolution. Section 5. Pursuant to the canvass of the special election on file with the Secretary, the issues presented at the special election were approved by the qualified electors of the District by more than two-thirds of the votes cast at the special election. Section 6. Pursuant to the voter approval, the District is hereby declared to be fully formed with the authority to levy special taxes as heretofore provided in these proceedings and in the Law. Section 7. It is hereby found that all prior proceedings and actions taken by this Board of Directors with respect to the District were valid and in conformity with the Law. Section 8. The Secretary is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Riverside a notice of special tax lien in the form required by the Law, said recording to occur no later than fifteen days following adoption by the Board of Directors of this Resolution. Section 9. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 8th day of January, 2019. Michael S. Naggar, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 19- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 8th day of January, 2019, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary EXHIBIT A CANVASS AND STATEMENT OF RESULT OF ELECTION TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) I hereby certify that on January 8, 2019, I canvassed the returns of the special election held on January 8, 2019, in the Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) and the total number of ballots cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct: Qualified Landowner Votes Votes Cast YES NO Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) Special Tax Election January 8, 2019. 22 22 BALLOT MEASURE: Shall a special tax payable solely from lands within the Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) (the "District") be levied annually upon lands within the District to be applied to the payment of the costs of municipal services eligible to be funded by the District and to pay the costs of the Authority and the City of Temecula in administering the District, and shall the annual appropriations limit of the District be established in the initial amount of $5,000,000? 2019. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 8th day of January, A-1 By: Randi Johl Secretary, Temecula Public Financing Authority ORDINANCE NO. TPFA 19 - AN ORDINANCE OF THE TEMECULA PUBLIC FINANCING AUTHORITY LEVYING SPECIAL TAXES WITHIN TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY ORDAIN AS FOLLOWS: Section 1. On November 13, 2018, this Board of Directors of the Temecula Public Financing Authority (the "Authority") adopted a resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Acknowledging Receipt of a Deposit Relative to the Formation of a Community Facilities District, and Declaring Its Intention to Establish the Community Facilities District and to Authorize the Levy of Special Taxes Therein — Municipal Services" (the "Resolution of Intention"), stating its intention to establish the Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) pursuant to the Mello -Roos Community Facilities Act of 1982, Section 53311 et seq. of the California Government Code (the "Law"), to finance certain municipal services and related administrative expenses eligible to be funded by the District (the "Services"). Section 2. Notice was published as required by the Law of the public hearing called pursuant to the Resolution of Intention relative to the intention of this Board of Directors to form the District and to finance the costs of the Services. Section 3. The Resolution of Intention called for a public hearing on the District to be held on January 8, 2019 and on such date this Board of Directors held the public hearing relative to the determination to proceed with the formation of the District. Section 4. At the public hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of special taxes in the District were heard, substantial evidence was presented and considered by this Board of Directors and a full and fair hearing was held. Section 5. Subsequent to said hearing, this Board of Directors adopted resolutions entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority of Formation of Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District, Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors of the District, and Providing for the Future Annexation of Property to the District" (the "Resolution of Formation") and "A Resolution of the Board of Directors of the Temecula Public Financing Authority Calling Special Election Within Community Facilities District No. 19-01 (Municipal Services)", which resolutions established the District and called for an election within the District on the proposition of levying a special tax and establishing an appropriations limit for the District. Section 6. On January 8, 2019 an election was held within the District in which the sole eligible landowner elector approved said propositions. Section 7. By the passage of this Ordinance this Board of Directors hereby authorizes and levies special taxes within the District, pursuant to the Law, at the rate and in accordance with the rate and method of apportionment of special taxes for the District approved by the Resolution of Formation (the "Rate and Method") which Resolution is by this reference incorporated herein. The special taxes are hereby levied commencing in Fiscal Year 2019-20 and in each fiscal year thereafter in perpetuity as provided in the Rate and Method. Section 8. The Authority Treasurer is hereby authorized and directed to work with the Director of Finance of the City of Temecula (who is identified as the "CFD Administrator" in the Rate and Method) each fiscal year to determine the specific special tax rate and amount to be levied for each parcel of real property within the District, in the manner and as provided in the Rate and Method. Section 9. Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method attached as Exhibit B to the Resolution of Formation. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Rate and Method. Section 10. All of the collections of the special tax shall be used as provided for in the Law and in the Resolution of Formation including the payment of the costs of the Services, the costs of the Authority and the City of Temecula in administering the District, and the costs of collecting and administering the special tax. Section 11. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. The Treasurer is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District in each fiscal year in perpetuity as provided in the Rate and Method. Notwithstanding the foregoing, the Treasurer may collect one or more installments of the special taxes on any one or more parcels in the District by means of direct billing by the Authority of the property owners within the District if, in the judgment of the Treasurer, such means of collection will reduce the administrative burden on the Authority or the City in administering the District or is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the applicable property owners. Section 12. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this Ordinance, and the application of the special tax to the remaining parcels within the District shall not be affected. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of January, 2019. Michael S. Naggar, Chair ATTEST: Randi Johl, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Ordinance No. 19- was duly introduced and placed upon its first reading at a meeting of the Board of Directors of the Temecula Public Financing Authority on the 81h day of January, 2019, and that thereafter, said Ordinance was duly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of January, 2019, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: ABSENT: BOARD MEMBERS: Randi Johl, Secretary Quint & Thimmig LLP 11/20/18 12/19/18 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) COMMUNITY FACILITIES DISTRICT REPORT CONTENTS Introduction A. Description of Services B. Proposed Boundaries of the Community Facilities District and of the Future Annexation Area of the Community Facilities District C. Cost Estimate Exhibit A - Description of the Proposed Services Exhibit B - Cost Estimate 20009.17:J15740 TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) INTRODUCTION. The Board of Directors (the "Board") of the Temecula Public Financing Authority (the "Authority") did, pursuant to the provisions of the Mello -Roos Community Facilities Act of 1982 (the "Law"), on November 13, 2018, adopt a Resolution entitled "A Resolution of the Board of Directors of the Temecula Public Financing Authority Acknowledging Receipt of a Deposit Relative to the Formation of a Community Facilities District, and Declaring Its Intention to Establish the Community Facilities District and to Authorize the Levy of Special Taxes Therein — Municipal Services" (the "Resolution of Intention"). In the Resolution of Intention, the Board expressly ordered the preparation of a written Community Facilities District Report (the "Report") for the proposed Temecula Public Financing Authority Community Facilities District No. 19-01 (Municipal Services) (the "District"). The Resolution of Intention ordering the Report did direct that the Report generally contain the following: 1. A brief description of the municipal services to be financed by the District; and 2. An estimate of the cost of providing the services, including any Authority or City of Temecula administrative costs. For particulars, reference is made to the Resolution of Intention for the District, as previously approved and adopted by the Board. NOW, THEREFORE, I, the Director of Public Works of the City of Temecula do hereby submit the following information: A. DESCRIPTION OF SERVICES. A general description of the services that the Authority has determined to be eligible to be funded by the District are as shown in Exhibit A attached hereto and hereby made a part hereof. B. PROPOSED BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT AND OF THE FUTURE ANNEXATION AREA. The proposed boundaries of the District are those properties and parcels in which special taxes may be levied to pay for the costs and expenses of the services eligible to be funded by the District. The proposed boundaries of the District are described in the map of the District recorded on November 28, 2018 in Book 83 at Page 34 of Maps of Assessment and Community Facilities Districts (document no. 2018-0464323) in the office of the County Recorder for the County of Riverside, a copy of which map is on file with the Secretary. The future annexation area for the District is described in the map of the Boundaries — Potential Annexation Area of the District recorded on November 28, 2018 in Book 83 at Page 35 of Maps of Assessment and Community Facilities Districts (document no. 2018-0464324) in the office of the County Recorder for the County of Riverside, a copy of which map is also on file with the Secretary. -2- C. COST ESTIMATE. The initial cost estimate for the services is set forth in Exhibit B attached hereto and hereby made a part hereof. Dated: January 8, 2019 By: 4tA, trick Thomas, Director of Public Works, City of Temecula -3- EXHIBIT A TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) DESCRIPTION OF SERVICES AND RELATED ADMINISTRATIVE EXPENSES ELIGIBLE TO BE FUNDED BY THE DISTRICT SERVICES The services to be financed, in whole or in part, by the community facilities district (the "District") include the following: • Public safety services, including police protection, fire protection and suppression, services, and ambulance and paramedic services. • Maintenance of landscaping in public areas, public easements and public right of way, such maintenance to include but not be limited to maintenance of planting areas, trees, bio -retention filters, multipurpose trails, and the furnishing of water for irrigation. • Maintenance of sidewalks in or near to the area of the District. • Maintenance of public signage in or near the District. • Maintenance of storm protection and drainage systems within or serving the area of the District including but not limited to storm drain pipes, culverts, detention / desilting basins, manholes, catch basins and drop inlets, cleanout of storm drains and catch basin cleaning and inspection. • Maintenance of streets and roadways within or in the vicinity of the District, including but not limited to slurry, overlay, curbs and gutters, curb ramps, striping and street sweeping. • Maintenance of street lighting located within or in the vicinity of the District, including but not limited to street lights, decorative lighting and pull box assemblies. • Maintenance of traffic signals within and in the vicinity of the District, including but not limited to electrical, LED replacement, maintenance and replacement. Maintenance and lighting of parks, parkways and open space. Graffiti removal from public improvements within and in the area of the District. • Maintenance of water and sewer systems with an estimated useful life of five or more years and serving the area in or in the general area of the District and owned by the Temecula Public Financing Authority or by another local agency pursuant to a joint community facilities agreement or a joint exercise of powers agreement adopted pursuant to Section 53316.2 of the California Government Code. A-1 The District may finance any of the following related to the services described above: the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the improvements, including repair, removal or replacement of all or part of any of the improvements, the furnishing of water for the irrigation and the furnishing of electric current or energy for arty lights or irrigation facilities, obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and /or equipment, apparatus, facilities or fixtures in areas to be maintained, obtaining supplies or appurtenant facilities necessary for such maintenance, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. It is expected that the services will be provided by the City of Temecula (the "City"), either with its own employees or by contract with third parties, or any combination thereof. The services to be financed by the District are in addition to those provided in the territory of the District before the date of creation of the District and will not supplant services already available within that territory when the District is created. ADMINISTRATIVE EXPENSES The administrative expenses to be financed by the District include the direct and indirect expenses incurred by the Authority and the City in carrying out their respective duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Riverside related to the District or the collection of special taxes, an allocable share of the salaries of the Authority and City staff directly related thereto and a proportionate amount of the Authority's and the City's general administrative overhead related thereto, any amounts paid by the Authority and the City from its respective general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the Authority and the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the Authority and City in any way related to the District. OTHER The incidental expenses that may be financed by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the Authority, the City and any owner of land in the District of all costs associated with the establishment of the District. A-2 EXHIBIT B TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) INITIAL ANNUAL SERVICES COST ESTIMATE Police $196,000 Asset Management Fund 32,000 Public Works - Land Development, Public Works, etc. 31,000 Recreation Funding 31,000 Fire 26,000 Public Works - Parks & Maintenance 20,000 City Manager 11,000 Community Development 11,000 Finance 9,000 Retiree Medical Contribution 8,000 City Clerk 5,000 City Attomey 2,000 Animal Control 2,000 City Council 1,000 Community Support 400 PERS Replacement Benefit 400 Property Tax Administration 300 Total Annual Estimated Services Costs $386,000 B-1 TIIE PRESS -ENTERPRISE 1825 Chicago Ave, Suite 100 Riverside, CA 92507 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010. 2015.5 C.C.P) Publication(s). The Press -Enterprise PROOF OF PUBLICATION OF Ad Desc. / I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter I am an authorized representative of THE PRESS -ENTERPRISE, a newspaper in general circulation. printed and published daily in the County of Riverside. and which newspaper has been adjudicated a newspaper of general circulation by the Supenor Court of the County of Riverside, State of California. under date of April 25. 1952. Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25. 1995, Case Number 267864, and under date of September 16, 2013. Case Number RIC 1309013; that the notice, of which the annexed is a printed copy. has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: 12/08/2018 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: December 08, 2018 At Riverside, California Legal Advertising Representative, The Press -Enterprise QUINT & THIMMIG LLP 900 LARKSPUR LANDING CIRCLE. STE 270 LARKSPUR, CA 94939-1726 Ad Number: 0011210395-01 P.O. Number Ad Copy: TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 (MUNICIPAL SERVICES) NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Directors of the Temecula Public Financing Authority will conduct o public hearing on Tuesdov, Jonuary 8, 2019 at 7:00 p.m. or as soon thereafter as practicable, in the Temecula City Council chambers located at 41000 Main Street, Temecula, California, to consider the following: INTENT TO FORM TEMECULA PUBLIC FINANCING AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 19-01 ;MUNICIPAL SERVICES) On November 13, 2018, the Board of Directors of the Temecula Pub- lic Financing Authority adopted a Resolution entitled "A Resolution of the Board of Directors of the Temeculu Public Finoncing Authority Acknowledging Receipt of a Deposit Relative to the Formation of o Community Facilities District, and Declaring Its Intention to Estab- lish the Community Facilities District and to Authorize the Levy of Special Taxes Therein - Municipal Services" (the "Resolution of In- tention"). Reference is hereby made to the Resolution of Intention on file in the office of the Secretory of the Temecula Public Financing Authority for further particulars. In the Resolution of Intention, the Board of Directors declared its intention to form the Temecula Public Financing Authority Commun- ity Facilities District No. 19-01 (Municipal Services) (the "District") to finance the costs of certain municipal services and related admin- istrative expenses proposed to be eligible to be funded by the District (the "Services") as identified in an exhibit to the Resolution of Inten- tion. The proposed boundaries of the community facilities district were identified, and the Resolution of Intention identified o proposed special tax to be levied on real property to be included in the com- munity focilities district to pay for costs of the Services. The Resolution of Intention recognized that o Petition to form the District had been submitted by the owner of the real property in the District- The Resolution of Intention approved o Deposit Agreement among the Authority, the City of Temecula and the landowner. In the Resolution of Intention, the Board of Directors provided that the levy of the special tax will be subject to a mailed ballot election among the landowners in the community facilities district. The Board Of Directors authorized the Executive Director Of the Temecula Public Financing Authority to execute a joint community facilities agreement with the City of Temecula, that will provide the Services, ordered the Director of Public Works of the City to prepare o report on the community facilities district, and called for a public hearing on the community facilities district. At the hearing, the testimony of all interested persons or taxpay- ers for or against the establishment of the community facilities dis- trict, the extent of the community facilities district and the provision of the Services will be heard. Any person interested may file a protest in writing with the Secretary. If fifty percent or more of the regis- tered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the community facilities dis- trict, or the owners of one -holt or more of the oreo of land in the terri- tory proposed to be included in the community facilities district and not exempt from the special tax file written protests against the es- tablishment of the community facilities district and the protests ore not withdrawn to reduce the value of the protests to less than a major- ity, the Board of Directors of the Authority shall take no further ac- tion to establish the community facilities district or outhorize the spe- cial taxes for o period of one year from the date of the decision of the Board of Directors, and if the majority protests of the registered vot- ers or the landowners are only against the prepayment of special tax- es or the furnishing of a type or types of public improvements or serv- ices within the community facilities district, or against levying a specified special tax, that prepayment, those types of public improve- ments or services, or the specified special tax, will be eliminated from the proceedings to form the community facilities district. In the Resolution of Intention, the Board of Directors also deter- mined Mot certain territory identified on a map of the Potential An- nexation Area for the proposed community facilities district may be annexed in part from time to time to the community facilities district in the future, with the unanimous approval of the owner or owners of any particular portion of the annexation area to be annexed. The Public hearing required under the California Government Code rela- tive to such annexation area will be combined with the public hearing described above. At the public hearing, the testimony of all interest- ed persons for or against the future annexation of territory to the community facilities district or the levying of special taxes within the territory proposed to be annexed in the future will be heard. Any person interested in these matters is invited to attend and Present testimony either for or ogoinst the above item. If you chal- lenge the proposed action in court, you may be limited t0 raising Only those issues you or someone else raised at the public hearing descri- bed in this notice or in written correspondence delivered to the Board of Directors of the Authority at or prior to the public hearing. is/ RandiJohl Secretary, Temecula Public Financing Authority 12/9 CITY COUNCIL BUSINESS Item No. 23 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Isaac Garibay, Human Resources Manager DATE: January 8, 2019 SUBJECT: Amend and Restate the City of Temecula Section 125 Cafeteria Plan PREPARED BY: Polly von Richter, Senior Human Resources Analyst RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING AND RESTATING THE CITY OF TEMECULA SECTION 125 CAFETERIA PLAN BACKGROUND: The City Council originally adopted the City of Temecula Flexible Benefits Plan document on September 18, 1990 to provide a benefit plan compliant with Internal Revenue Code Section 125. The plan includes Healthcare Flexible Spending Accounts, a Dependent Care Assistance Program, group health, dental and vision insurance, group life and AD&D insurance, and disability insurance for eligible employees. The amended and restated Adoption Agreement and Plan Document have been revised as follows: A. To rename the plan to be consistent with IRS terminology; B. To add the option of a Limited Purpose Healthcare Flexible Spending Account; and C. To incorporate a carryover provision for the Healthcare Flexible Spending Account. Approval of the Adoption Agreement and Plan Document will provide the framework for staff to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide employee benefits under the Plan. FISCAL IMPACT: No fiscal impact. ATTACHMENTS: 1. Resolution 2. Section 125 Cafeteria Plan Adoption Agreement 3. Section 125 Cafeteria Plan Document RESOLUTION NO. 19- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING AND RESTATING THE CITY OF TEMECULA SECTION 125 CAFETERIA PLAN THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council adopted the City of Temecula Flexible Benefits Plan Document on September 18, 1990 to provide a Section 125 Cafeteria Plan, including any applicable Healthcare Flexible Spending Account Plan, Dependent Care Assistance Program, group health, dental and vision insurance, group life insurance, and disability insurance, to eligible employees. Section 2. The attached amended and restated Adoption Agreement and Plan Document have been revised as follows: A. To rename the plan to be consistent with IRS nomenclature; B. To add the option of a Limited Purpose Healthcare Flexible Spending Account; and C. To incorporate a carryover provision for the Healthcare Flexible Spending Account. Section 3. Approval of the Adoption Agreement and Plan Document will provide the framework for staff to take such actions that are deemed necessary and proper in order to implement the Plan, and to set up adequate accounting and administrative procedures to provide employee benefits under the Plan. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of January, 2019. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 19- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of January, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Adoption Agreement City of Temecula Section 125 Cafeteria Plan Amended and Restated January 1, 2019 The undersigned Employer, by executing this Adoption Agreement, elects to adopt the accompanying Section 125 Cafeteria Plan by adopting said Plan Document in full. The Employer makes the following elections granted under the provisions of the Section 125 Cafeteria Plan. 1. Name of the Employer: City of Temecula The Employer shall be the Plan Sponsor and Plan Administrator. 2. Effective Date: n This Section 125 Cafeteria Plan shall be effective as of ® This amended Section 125 Cafeteria Plan shall be effective as of January 1, 2019. ® If amended and restated, the Section 125 Cafeteria Plan was originally effective on September 18, 1990. 3. Plan and Plan Year: The Name of the Plan shall be the City of Temecula Section 125 Cafeteria Plan (the "Plan"). The Plan Year shall begin on January 1st and end on December 31st. 4. Plan Number: 502 5. Employer's Principal Office: This Plan shall be governed under the laws of the: Z State of California Commonwealth of 6. Eligible Employees: All Employees shall be eligible to participate in the Plan as specified in the City of Temecula Schedule of Authorized Positions, the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, and the City of Temecula City Council Compensation Plan, except: § Any self-employed person(s), within the meaning of Code Section 401(c), including independent contractors, a greater than 2% shareholder in a Subchapter S corporation, a partner in a partnership, or any owner or member of a limited liability company that is treated like a partnership for tax purposes; Section 125 Cafeteria Plan Adoption Agreement (1/1/2019) Page 1 of 3 § A relative, within the meaning of IRC Section 318, of one of the above self- employed person(s); § An employee shall not be eligible for the Healthcare Flexible Spending Account unless he or she is also eligible for the Employer group health insurance plan; AND: ® Commission salespersons. [Si Any Employee who is temporary or seasonal (working for the Employer less than 6 months of the year). • Any Leased Employee, as well as any independent contractor, or other "statutory employee" who is not treated as a common law employee of the Employer for payroll purposes, regardless of any other court or administrative agency determination. • Nonresident Aliens. Other: 7. Plan Entry Date/Waiting Period: Employees eligible to participate may become Participants: ® Same as Employer's Group Health Plan. days after date of hire (but subject to any shorter limitation period if mandated under applicable law). 8. Benefits: The following Benefit Options shall be included in the Plan: ▪ Healthcare Flexible Spending Account subject to an annual limit of $2,700 in taxable year 2019 and as adjusted under IRC Section 125(i) for other taxable years (as indexed for a 12 -month Plan Year or prorated for a short Plan Year). ® Limited -Purpose Healthcare Flexible Spending Account subject to an annual limit of $2,700 in taxable year 2019 and as adjusted under IRC Section 125(i) for other taxable years (as indexed for a 12 -month Plan Year or prorated for a short Plan Year). ® Dependent Care Assistance Program subject to the maximums contained in Section 7.9 of the Plan Document. Adoption Assistance Program. ® The Employer's Group Health Insurance (including health insurance, dental and vision insurance, AD&D, etc.). ® Group Term Life Insurance. ® Disability Insurance. Tax -Free Transportation Program. Employee Health Savings Account Contributions. II Section 125 Cafeteria Plan Adoption Agreement (1/1/2019) Page 2 of 3 9. Contributions: The contributions for this Plan shall be: Il 11 Employee (Salary Redirection) contributions only; Employer Contributions only, which shall be: $ annually per Participant of which $ that is convertible to cash compensation. A Participant will be credited on a (pay period, annual) basis; or ® Both Employee (Salary Redirection) and Employer Contributions. Employer Contributions, a portion of which is convertible to cash compensation, shall be provided in accordance with the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, and the City of Temecula City Council Compensation Plan, as these Plans or MOU may be amended. 10. Claims Extension Period: The Healthcare Flexible Spending Account shall ® shall not be subject to the terms and conditions of a Claims Extension Period. The Dependent Care Assistance Program ® shall n shall not be subject to the terms and conditions of Section 7.8 Forfeitures and Claims Extension Period. 11. Carryover Provision: The Healthcare Flexible Spending Account ® shall 1 shall not be subject to the terms and conditions of Section 6.3 Forfeitures and Carryover Provision. 15. Affiliated Employers: The following Employers have adopted this Plan: N/A 16. Authorized Signatures: Michael S. Naggar, Mayor Date Aaron Adams, City Manager Date Section 125 Cafeteria Plan Adoption Agreement (1/1/2019) Page 3 of 3 City of Temecula Section 125 Cafeteria Plan Document As Amended and Restated January 1, 2019 for Section 125 Cafeteria Plan , .J 1989 '10.16♦y��'0Xl?4.)* Table of Contents ARTICLE I - DEFINITIONS 1 ARTICLE II - PARTICIPATION 6 2.1 ELIGIBILITY 6 2.2 EFFECTIVE DATE OF PARTICIPATION 6 2.3 APPLICATION TO PARTICIPATE 6 2.4 TERMINATION OF PARTICIPATION 7 2.5 CHANGE OF EMPLOYMENT STATUS 7 2.6 FAMILY AND MEDICAL LEAVE ACT OF 1993 8 2.7 TERMINATION OF EMPLOYMENT 9 2.8 DEATH OF A PARTICIPANT 12 ARTICLE III - CONTRIBUTIONS TO THE PLAN 12 3.1 SALARY REDIRECTION 12 3.2 APPLICATION OF CONTRIBUTIONS 13 3.3 PERIODIC CONTRIBUTIONS 13 ARTICLE IV - BENEFITS 13 4.1 BENEFIT OPTIONS 13 4.2 HEALTHCARE FLEXIBLE SPENDING ACCOUNT BENEFIT 13 4.3 DEPENDENT CARE ASSISTANCE PROGRAM BENEFIT 13 4.4 RESERVED 14 4.5 INSURANCE BENEFIT 14 4.6 CASH BENEFIT 14 4.7 NONDISCRIMINATION REQUIREMENTS 14 ARTICLE V - PARTICIPANT ELECTIONS 15 5.1 INITIAL ELECTIONS 15 5.2 SUBSEQUENT ANNUAL ELECTIONS 16 5.3 FAILURE TO ELECT 16 5.4 CHANGE OF ELECTIONS 16 5.5 CONSISTENCY REQUIREMENT 20 ARTICLE VI - HEALTHCARE FLEXIBLE SPENDING ACCOUNT 21 6.1 ESTABLISHMENT OF PLAN 21 6.2 DEFINITIONS 21 Section 125 Cafeteria Plan Document 6.3 FORFEITURES AND CARRYOVER 22 6.4 LIMITATION ON ALLOCATIONS 23 6.5 NONDISCRIMINATION REQUIREMENTS 23 6.6 COORDINATION WITH SECTION 125 CAFETERIA PLAN 24 6.7 HEALTHCARE FLEXIBLE SPENDING ACCOUNT CLAIMS 24 ARTICLE VII - DEPENDENT CARE ASSISTANCE PROGRAM 25 7.1 ESTABLISHMENT OF PROGRAM 25 7.2 DEFINITIONS 25 7.3 DEPENDENT CARE ASSISTANCE ACCOUNTS 27 7.4 INCREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS 27 7.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS 27 7.6 ALLOWABLE DEPENDENT CARE ASSISTANCE REIMBURSEMENT 27 7.7 ANNUAL STATEMENT OF BENEFITS 27 7.8 FORFEITURES AND CLAIMS EXTENSION PERIOD 27 7.9 LIMITATION ON PAYMENTS 28 7.10 NONDISCRIMINATION REQUIREMENTS 29 7.11 COORDINATION WITH SECTION 125 CAFETERIA PLAN 29 7.12 DEPENDENT CARE ASSISTANCE PROGRAM CLAIMS 29 ARTICLE VIII - RESERVED 31 ARTICLE IX - RESERVED 31 ARTICLE X - RESERVED 31 ARTICLE XI - RESERVED 31 ARTICLE XII - ADMINISTRATION 32 12.1 PLAN ADMINISTRATION 32 12.2 METHOD OF BENEFIT PAYMENT 33 12.3 EXAMINATION OF RECORDS 35 12.4 PAYMENT OF EXPENSES 35 12.5 INSURANCE CONTROL CLAUSE 35 12.6 INDEMNIFICATION OF ADMINISTRATOR 35 ARTICLE XIII - AMENDMENT OR TERMINATION OF PLAN 36 13.1 AMENDMENT 36 13.2 TERMINATION 36 ARTICLE XIV - HIPAA PRIVACY REQUIREMENTS 36 Section 125 Cafeteria Plan Document 14.1 DEFINITIONS 36 14.2 DISCLOSURE OF SUMMARY HEALTH INFORMATION 39 14.3 DISCLOSURE OF PHI 39 14.4 ADEQUATE SEPARATIONS 40 14.5 USES AND DISCLOSURES 40 ARTICLE XV - MISCELLANEOUS 41 15.1 PLAN INTERPRETATION 41 15.2 GENDER AND NUMBER 41 15.3 WRITTEN DOCUMENT 41 15.4 EXCLUSIVE BENEFIT 42 15.5 PARTICIPANT'S RIGHTS 42 15.6 ACTION BY THE EMPLOYER 42 15.7 EMPLOYER'S PROTECTIVE CLAUSES 42 15.8 NO GUARANTEE OF TAX CONSEQUENCES 43 15.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS 43 15.10 FUNDING 43 15.11 GOVERNING LAW 43 15.12 SEVERABILITY 43 15.13 CAPTIONS 44 15.14 CONTINUATION OF COVERAGE 44 15.15 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS (USERRA) ACT 44 15.16 GENETIC INFORMATION NONDISCRIMINATION ACT 44 15.17 MENTAL HEALTH PARITY AND ADDICTION ACT 44 15.18 WOMEN'S HEALTH AND CANCER RIGHTS ACT 44 15.19 NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT 44 Section 125 Cafeteria Plan Document CITY OF TEMECULA SECTION 125 CAFETERIA PLAN INTRODUCTION The Plan Sponsor designated in the Employer's Adoption Agreement (hereinafter referred to as the "Employer") hereby establishes a Section 125 Cafeteria Plan (the "Plan") for its eligible Employees and for Eligible Employees of adopting Affiliated Employers. Its purpose is to reward them by providing Benefits for those Employees who shall qualify hereunder and their Dependents and Spouses. The concept of this Plan is to allow employees to choose among different types of Benefits based on their own particular goals, desires, and needs and to reimburse the Eligible Employees of the Employer for allowable expenses incurred by them, their Spouses, and Dependents. The Plan shall be known as a "Section 125 Cafeteria Plan" (hereinafter referred to as the "Plan") and shall otherwise be referred to by the Plan Name provided within the Employer's completed Adoption Agreement. The intention of the Employer is that, wherever appropriate, portions of the Plan shall qualify as a "Cafeteria Plan" within the meaning of Section 125 of the Internal Revenue Code of 1986, as amended, and that the Benefits which an Employee elects to receive under such portions of the Plan be includable or excludable from the Employee's income under Section 125(a) and other applicable sections of the Internal Revenue Code of 1986, as amended. Each program is consolidated under this Pian due to the joint administrative processes relating to each program; however, for purposes of applicable provisions of Section 125, Section 132(f), Section 223, and other applicable Code provisions, each program shall be considered as a separate Plan for purposes of the Code and other applicable Regulations. ARTICLE 1 DEFINITIONS The following words and phrases as used herein shall have the following meanings, unless a different meaning is plainly required by the context: 1.1 "Administrator" or "Plan Administrator" means the Plan Sponsor identified in the Employer's Adoption Agreement. The Plan Sponsor may delegate any or all of its authority as the Administrator under this Plan to any third -party, pursuant to the terms of this Plan and in accordance with the terms of any applicable Service Agreement. 1.2 "Affiliated Employer" means the Employer and any corporation identified in the Employer's Adoption Agreement which is a member of a controlled group of corporations (as defined in Code Section 414(b)), which includes the Employer; any trade or business (whether or not incorporated) that is under common control (as defined in Code Section 414(c)) with the Employer; any organization (whether or not incorporated) that is a member of an affiliated service group (as defined in Code Section 414(m)), which includes the Employer; and any other entity required to be aggregated with the Employer pursuant to Treasury Regulations under Code Section 414(o). Section 125 Cafeteria Plan Document (1/1/2019) Page 1 of 44 1.3 "Benefit" means any of the optional benefit choices selected by the Participant as outlined under Article IV below or as otherwise specified in the Employer's Adoption Agreement. 1.4 "Carryover Provision" means the $500 carryover of any amount remaining unused in the Healthcare Flexible Spending Account as of the end of any Plan Year, pursuant to Section 6.3. 1.5 "Claims Extension Period" means the period that ends on the 15th day of the third month immediately following the end of the most recent Plan Year, pursuant to Section 7.8. 1.6 "Code" means the Internal Revenue Code of 1986, as amended or replaced from time to time, and which shall also include any governing Regulations or applicable guidance thereunder. 1.7 "Compensation" means the total cash remuneration received by the Participant from the Employer during a Plan Year prior to any reductions pursuant to a Salary Redirection Agreement authorized hereunder. Compensation shall include overtime, commissions, and bonuses. 1.8 "Dependent" means any individual who is defined under an Insurance Contract or who is a Qualifying Child or Qualifying Relative who qualifies as a dependent under an Insurance Contract or under Code Section 152 (as modified by Code Section 105(b)), as applicable. A Dependent also includes an adult child of a Participant who as of the end of the calendar year has not attained age 27. A child for purposes of this Section 1.8 means an individual who is a son, daughter, stepson, or stepdaughter of the Participant, a legally adopted individual of the Participant, an individual who is lawfully placed with the Participant for legal adoption by the Participant, or an eligible foster child who is placed with the Participant by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction. Notwithstanding anything in the Plan to the contrary, the Plan will comply with Michelle's Law. 1.9 "Effective Date" means the Effective Date specified in the Employer's Adoption Agreement. 1.10 "Election Period" means the period preceding the beginning of each Plan Year established by the Administrator for the election of Benefits and Salary Redirection, such period to be applied on a uniform and nondiscriminatory basis for all Employees and Participants. However, an Employee's initial Election Period shall be determined pursuant to Section 5.1. 1.11 "Eligible Employee" means any Employee who has satisfied the eligibility requirements necessary to participate in the Plan as stated in the Employer's Adoption Agreement or as specified in the City of Temecula Schedule of Authorized Positions, the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, or the City of Temecula City Council Compensation Plan, as they may be amended, or other policies or contracts adopted by the Employer. Section 125 Cafeteria Plan Document (1/1/2019) Page 2 of 44 1.12 "Employee" means any person who is employed by the Employer, but for all portions of the Plan, generally excludes any person who is employed as an independent contractor or any person who is considered self-employed under Code Section 401(c), as well as a greater than two percent (2%) shareholder in a Subchapter S corporation, as defined under Code Section 1372(b), a partner in a partnership or an owner or member of a limited liability company that elects partnership status on its tax return. 1.13 "Employer" means the Plan Sponsor and any Affiliated Employer which is listed on the Employer's Adoption Agreement; provided, however, that the Plan Sponsor retains authority as Plan Administrator for all purposes under the Plan and retains sole authority to amend or terminate the Plan in accordance with Article XIII, without the approval of any Affiliated Employer which has adopted the Plan. 1.14 "Employer Contribution" means the contributions as identified in the Employer's Adoption Agreement, and as specified in the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, and the City of Temecula City Council Compensation Plan, made by the Employer pursuant to Section 3.1 to enable a Participant to purchase Benefits. These contributions shall be converted to Flexible Benefits Plan Dollars and allocated to the accounts established under the Plan pursuant to the Participants' elections made under Article V and shall be reimbursed for the cost of eligible Benefits described under Article IV. 1.15 "Entry Date" means the earlier of the Plan Effective Date or the date an Employee becomes entitled to participate in the Plan as specified in the Employer's Adoption Agreement. 1.16 "ERISA" means the Employee Retirement Income Security Act of 1974, as amended from time to time. 1.17 "Flexible Benefits Plan Dollars" means the amount available to Participants, pursuant to Article III, to purchase Benefits. Each dollar contributed to this Plan, through either Employer Contribution or Employee Salary Redirection, shall be converted into one Flexible Benefits Plan Dollar. 1.18 [Reserved.] 1.19 [Reserved.] 1.20 "Highly Compensated Employee" means, for the purposes of determining discrimination, an Employee described in Code Section 125 and the Treasury Regulations thereunder. 1.21 "Insurance Benefits" means the benefits provided under any applicable insurance program or policy included within the list of qualifying, nontaxable benefit programs that have been selected as part of the Employer's Adoption Agreement. 1.22 "Insurance Contract" means any contract issued by an Insurer underwriting a Benefit. Section 125 Cafeteria Plan Document (1/1/2019) Page 3 of 44 1.23 "Insurance Premium Payment Plan" means the plan of Insurance Benefits selected within the Employer's Adoption Agreement, which provides for the payment of Premium Expenses under this Plan. 1.24 "Insurer" means any insurance company that underwrites a Benefit under this Plan or, the Employer if the Benefit is self-funded and otherwise paid for out of the Employer's general assets or paid for through a separate trust established by the Employer. 1.25 "Key Employee" means an employee defined in Code Section 416(1)(1) and the Treasury Regulations thereunder. 1.26 "Leased Employee" means any employee described under Code Section 414(n)(2). 1.27 "Participant" means any Eligible Employee who elects to become a Participant pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the Plan. 1.28 "Plan" means this instrument, including all amendments and attachments thereto. 1.29 "Plan Year" means the 12 -month period designated in the Employer's Adoption Agreement. The Plan Year shall be the coverage period for the Benefits provided for under this Plan. In the event a Participant commences participation during a Plan Year, then the initial coverage period shall be that portion of the Plan Year commencing on such Participant's date of entry and ending on the last day of such Plan Year. 1.30 "Premium Expenses" or "Premiums" means the Participant's cost for the Insurance Benefits described in the Employer's Adoption Agreement. 1.31 "Qualifying Child" means an individual who, unless otherwise described under Code Section 152(b): • Is a child (as defined under Code Section 152(f)(1)) of the Employee, or a dependent of such child, or a brother, sister, stepbrother or stepsister of the Employee, or a descendent of any such relative; • Who has the same principal residence, if allowed under local law, as the Employee for more than one-half of the current taxable year; • Is under the age of 27 as of the end of the Plan Year in which the Employee was eligible under this Plan: and • Has not provided over one-half of his or her own support during the current Plan Year. 1.32 "Qualifying Relative" means an individual who, unless otherwise described under Code Section 152(d) or (e): • Is a child (as defined under Code Section 152(f)(1)), or descendant of a child, or a brother, sister, stepbrother, stepsister, father, mother or any of their ancestors, or any other relative as described under Code Section 152(d)(2), including an individual Section 125 Cafeteria Plan Document (1/1/2019) Page 4 of 44 who has the same principal residence as the Employee and who is a member of the Employee's household; • Has (with the exception of certain handicapped dependents described under Code Section 152(d)(4)) gross income for the Plan Year that is less than the allowable income exemption amount (as defined under Code Section 151(d) for that taxable year; • For whom the Employee provides over one-half of the individual's support for that calendar year; and • Is not an otherwise Qualifying Child of the Employee for any portion of the Plan Year. 1.33 "Regulations" means either temporary, proposed or final regulations, as applicable, issued or released by the U.S. Department of Treasury, and any further or related guidance or interpretations, as well as such other federal or state regulations as otherwise applicable herein. 1.34 "Salary Redirection" means the contributions made by the Employer on behalf of Participants pursuant to Section 3.1. These contributions shall be converted to Flexible Benefits Plan Dollars and allocated to the accounts established under the Plan pursuant to the Participants' elections made under Article V. 1.35 "Salary Redirection Agreement" means an agreement between the Participant and the Employer under which the Participant agrees to reduce his/her Compensation or to forego all or part of the increases in such Compensation and to have such amounts contributed by the Employer to the Plan on the Participant's behalf. The Salary Redirection Agreement shall apply only to Compensation that has not been actually or constructively received by the Participant as of the date of the agreement (after taking this Plan and Code Section 125 into account) and, subsequently does not become currently available to the Participant. 1.36 "Spouse" means an individual who is treated as a spouse for federal tax purposes. Notwithstanding the above, for purposes of the Dependent Care FSA Component, the term Spouse shall not include (a) an individual legally separated from the Participant under a divorce or separate maintenance decree; or (b) an individual who is married to the Participant and files a separate federal income tax return, where (i) the Participant maintains a household that constitutes the principal place of abode of a child (within the meaning of Code Section 152(f)(1) with respect to whom such individual is entitled to a deduction for the taxable year) for more than one-half of the taxable year, (ii) the Participant furnishes more than half of the cost of maintaining such household, and (iii) during the last 6 months of such taxable year, the individual is not a member of such household. 1.37 "Temporary or Seasonal Employee" means any employee who is either designated on the Employer's personnel records as a Temporary Employee or who is expected to work less than six (6) months per year with the Employer. 1.38 "Uniformed Services" means the Armed Forces, the Army National Guard, and the Air National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty, the commissioned corps of the Public Health Service, and any other Section 125 Cafeteria Plan Document (1/1/2019) Page 5 of 44 category of persons designated by the President of the United States in time of war or emergency. All other defined terms in this Plan shall have the meanings specified in the various Articles of the Plan in which they appear. ARTICLE 11 PARTICIPATION 2.1 ELIGIBILITY Any Employee of the Employer and its Affiliates who meets the eligibility requirements specified in the Employer's Adoption Agreement, the City of Temecula Schedule of Authorized Positions, the Memorandum of Understanding between the City of Temecula and Teamsters Local 911, the City of Temecula Management Compensation Plan, and/or the City of Temecula City Council Compensation Plan, as they may be amended, or any other Employer contract or policy or becomes an Eligible Employee and who executes a written election to participate shall be eligible to participate in the Plan on the date he/she has satisfied any applicable waiting period(s) specified in the Employer's Adoption Agreement (or the Effective Date of the Plan, if later) or any other eligibility criteria set forth herein. The eligibility and entry dates for the Health Care Flexible Spending Accounts must not be less than that of the underlying Affordable Care Act -Compliant employer-sponsored group health coverage. Except as otherwise provided in any applicable Benefit Plans or insurance policies, former Participants who are rehired within 30 days or less of the date of termination of employment will be reinstated with the same election(s) such individual had before termination. If a former Participant is rehired more than 30 days following termination of employment and is otherwise eligible to participate in the Plan, the individual may make a new election. 2.2 EFFECTIVE DATE OF PARTICIPATION Any Employee who is eligible under Section 2.1 may become a Participant effective as of the first day of the month coinciding with or next following date requirements are met. Any Employee who does not elect to participate in the Plan on the date the Employee first becomes eligible may later elect to begin participating as of the first day of any Plan Year or an earlier Entry Date following a Change in Status pursuant to Section 5.4 hereof. If this is a restated Plan, each Employee who was a Participant in the Plan on the day prior to the restated Effective Date and is an Employee of an Employer on the Effective Date shall remain a Participant. 2.3 APPLICATION TO PARTICIPATE An Employee who is eligible to participate in this Plan shall, during the applicable Election Period, complete an application to participate and election of Benefits form, which the Administrator shall furnish to the Employee. The election made on such form shall be Section 125 Cafeteria Plan Document (1/1/2019) Page 6 of 44 irrevocable until the end of the applicable Plan Year unless the Participant is entitled to change his/her Benefit elections pursuant to Section 5.4 hereof. An Eligible Employee shall also be required to execute a Salary Redirection Agreement during the Election Period for which he/she wishes to participate in this Plan. Any such Salary Redirection Agreement shall be effective for the first pay date beginning on or after the Employee's Effective Date of participation pursuant to Section 2.2. 2.4 TERMINATION OF PARTICIPATION A Participant shall no longer participate in this Plan upon the occurrence of any of the following events: a) Termination of employment, subject to the provisions of Section 2.7; b) The end of the Plan Year during which the individual became a limited Participant because of a change in employment status pursuant to Section 2.5; c) Death, subject to the provisions of Section 2.8; or d) The termination of this Plan, subject to the provisions of Section 13.2. 2.5 CHANGE OF EMPLOYMENT STATUS If a Participant ceases to be an Eligible Employee because of a change in employment status or classification (other than through termination of employment), the Participant shall become a limited Participant in this Plan for the remainder of the Plan Year in which such change of employment status occurs. An employee will become a limited Participant if he/she meets the following three conditions: a) The Participant has taken an unpaid leave of absence from the Employer or is no longer an Eligible Employee; and b) The Participant elects under Section 3.1 to reduce his/her Salary Redirection to $0 as a result of the change in employment status or classification; and c) Upon return to employment after a leave of absence or return becomes an Eligible Employee, the Participant re-elects under Section 5.1 to increase his/her Salary Redirection to the level that existed immediately before it was reduced to $0 (or to some other level if on account of and consistent with a change in status). If COBRA applies, the Participant, while on the unpaid leave or in part-time employment status, will be given the opportunity to continue his/her Insurance Plans and Healthcare Flexible Spending Account. Premiums for the Participant's Insurance Benefits, as well as any applicable Premiums for the Participant's Healthcare Flexible Spending Account, may continue to be paid on a pre-tax basis provided the Participant receives Compensation during the leave period. If, however, the Participant receives no Compensation during the leave period, the Section 125 Cafeteria Plan Document (1/1/2019) Page 7 of 44 Participant may continue Benefits under the Plan through payment of all Premiums with after- tax dollars outside of the Plan. Regardless of how Premiums are paid (either pre-tax or after- tax), the Participant will remain a full Participant in the Plan provided all Premiums are paid within 30 days of any due date. As a limited Participant, except as otherwise provided herein, no further Salary Redirection may be made on behalf of the Participant, and, except as otherwise provided herein, all further Benefit elections shall cease, subject to the limited Participant's right to continue coverage under any Insurance Contracts. However, any balances in the limited Participant's Dependent Care Assistance Account may be used during such Plan Year to reimburse the limited Participant for any allowable employment-related dependent expenses incurred during the Plan Year, subject to any other terms and conditions that are applicable under Article VII herein. Further, in accordance with Article VI, any balances in the limited Participant's Healthcare Flexible Spending Account may be used during such Plan Year to reimburse the limited Participant for any allowable medical expenses incurred during the portion of the Plan Year in which the Employee was a full Participant in the Plan. Subject to the provisions of Section 2.6, if the limited Participant later becomes an Eligible Employee, then the limited Participant may again become a full Participant in this Plan, provided he/she otherwise satisfies the participation requirements set forth in this Article II as if he/she were a new Employee and made an election in accordance with Section 5.1. 2.6 FAMILY AND MEDICAL LEAVE ACT OF 1993 Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain the Participant's Benefits under this Plan on the same terms and conditions as though he/she were still an active Employee (i.e., the Employer will continue to pay its share of the premium to the extent the Employee opts to continue his/her coverage). If the Employee opts to continue his/her coverage, the Employee may pay his/her share of the Premium through one of the following methods: a) Prepayment. Under the prepayment option, the Participant increases his/her Salary Redirection in an amount sufficient to cover the Premiums and other expenses that will come due during the FMLA leave. b) Pay -as -you go. With the pay-as-you-go option, the Participant shall continue to pay Premiums on a regular basis throughout the FMLA leave. If the Participant continues to receive a salary while on FMLA leave, the applicable Premiums are to be paid with pre-tax contributions as if they had not taken the leave. On the other hand, if the Participant's FMLA leave is unpaid, the Administrator provides the funding for necessary coverage during the FMLA period, but the Participant is required to reimburse the Employer at regular intervals with after-tax funds for the Premiums that come due during the leave. Section 125 Cafeteria Plan Document (1/1/2019) Page 8 of 44 c) Catch Up. The Administrator provides the funding for necessary coverage during the leave and subsequently withholds "catch-up" amounts from the Employee's pay upon his/her return. Upon return from such leave, that has been or is being paid for under one of the methods referred to above, the Employee will be permitted to re-enter the Plan on the same basis the Employee was participating in the Plan prior to the leave, or as otherwise required by the FMLA. However, for the Healthcare Flexible Spending Account, if the coverage terminates due to revocation of the Benefit due to nonpayment of contributions by the Participant, two options will be offered upon the Participant's return to work: d) Proration. The actual amounts contributed by the Participant would remain in effect for the duration of the Plan Year, but the expenses incurred by the Participant during the lapse in coverage period would not be reimbursable and the maximum contribution amount would be reduced proportionately for the time that the Participant was not paying Premiums. e) Reinstatement. The Participant may elect to reinstate the level of coverage in effect when the leave began, with applicable contribution amounts being made up for the remainder of the Plan Year. The maximum coverage level will remain in effect from the Participant's Election, but the Participant cannot submit claims for reimbursement that were incurred during the lapse in coverage period. Furthermore, if a Participant goes on a qualifying paid leave under the FMLA, to the extent required by the FMLA, the Employee will continue coverage while on FMLA by the method normally used during any paid leave. In all instances, a paid or unpaid leave under FMLA will be treated in the same manner and consistent with a non-FMLA paid or unpaid leave. 2.7 TERMINATION OF EMPLOYMENT If a Participant terminates employment with the Employer for any reason other than death, his/her participation in the Plan shall be governed in accordance with the following: a) With regard to Benefits that are insured, the Participant's participation in the Plan shall cease, subject to the Participant's right to continue coverage under any Insurance Contract for which Premiums have already been paid. b) With regard to the Dependent Care Assistance Program, the Participant's participation in the Plan shall cease and no further Salary Redirection contributions shall be made. However, such Participant may submit claims for employment-related dependent care expense reimbursements for the remainder of the Plan Year in which termination occurs, provided the claims are submitted within the grace period. Reimbursement for such claims will be based on the Section 125 Cafeteria Plan Document (1/1/2019) Page 9 of 44 level of the Participant's Dependent Care Assistance Account as of the date of termination. c) With regard to the Healthcare Flexible Spending Account, the Participant may be able to elect to continue participation in the Plan in accordance with final and proposed IRS Regulations and as further provided below: 1) COBRA continuation coverage will not be offered to Healthcare Flexible Spending Account Participants under the following circumstances: (a) The Healthcare Flexible Spending Account has a deficit at the time of the Qualifying Event (i.e., if, taking into account all claims submitted on or before the date of the Qualifying Event, the Qualified Beneficiary's remaining Healthcare Flexible Spending Account balance for the Plan Year is less than the maximum required COBRA Premiums for the rest of the year); and (b) The Healthcare Flexible Spending Account is exempt from HIPAA. For purposes of these rules, the Healthcare Flexible Spending Account is exempt from HIPAA if a major medical plan is available in addition to the Healthcare Flexible Spending Account, and the Healthcare Flexible Spending Account benefit does not exceed two times the Salary Redirection or, if greater, the Salary Redirection plus $500. 2) The Participant can elect to continue participation in the Healthcare Flexible Spending Account for the remainder of the Plan Year in which the Qualifying Event occurs if: (a) The Healthcare Flexible Spending Account is exempt from HIPAA, under the procedures set forth under subparagraph (1)(b) above; and (b) For the Plan Year in which the Qualifying Event occurs, the maximum amount the Qualified Beneficiary could be required to pay for a full year of Healthcare Flexible Spending Account COBRA coverage equals or exceeds the maximum Benefit available to the Qualified Beneficiary for the Plan Year. 3) If the Healthcare Flexible Spending Account is exempt from HIPAA under the procedures set forth under subparagraph (1)(b) above, the Participant's ability to continue coverage under the Healthcare Flexible Spending Account shall cease as of the end of the Plan Year in which the Qualifying Event occurs; 4) If the Healthcare Flexible Spending Account is not exempt from HIPAA, the Participant shall have the ability to continue coverage under the Section 125 Cafeteria Plan Document (1/1/2019) Page 10 of 44 Healthcare Flexible Spending Account under procedures and conditions set forth below. For purposes of these rules, "Qualifying Event" means the occurrence of any of the following: a) Death of a Covered Employee; b) Termination (other than by reason of gross misconduct) of the Covered Employee's employment or reduction of hours of employment; c) Divorce or legal separation of a Covered Employee from the Employee's Spouse; d) A Covered Employee's becoming eligible to receive Medicare benefits under Title XVIII of the Social Security Act; or e) A Dependent child of a Covered Employee ceasing to be a Dependent. A "Qualified Beneficiary" is any person who is, as of the day before a Qualifying Event, (i) an Employee of the Employer (including persons who are considered to be "employees" within Code Section 401(c), directors, and independent contractors) covered under a health plan offered under the Plan as of such day (such persons are typically referred to as "Covered Employees"); (ii) the Spouse of the Covered Employee; or (iii) a Dependent of the Covered Employee. A Covered Employee can be a Qualified Beneficiary only if the Qualifying Event consists of termination of employment (other than for gross misconduct) or a reduction of hours of the Covered Employee's employment. A child born or placed for adoption with the Covered Employee during continuation coverage will also be considered as a Qualifying Beneficiary. A retiree or other former Employee actively participating in the Plan by reason of a previous period of employment will also be treated as a Qualified Beneficiary for purposes of these rules. The Plan Administrator will notify Healthcare Flexible Spending Account Participants as to their COBRA eligibility (if any). The Plan Administrator shall also notify Healthcare Flexible Spending Account Participants as to their HIPAA rights and responsibilities under Code Section 9801 (including applicable provisions pertaining to HIPAA certification, portability, creditable coverage, and special enrollment procedures) if the Plan is not exempt from HIPAA under Section 2.7(c)(2) above. If the Participant elects to continue participation in the Healthcare Flexible Spending Account for the remainder of the Plan Year in which such termination occurs, the Participant may continue to seek reimbursement from the Healthcare Flexible Spending Account. The Participant shall be required to make contributions to the account based on the elections made prior to the beginning of the Plan Year. If the Participant does not elect to continue participation in the Healthcare Flexible Spending Account for the remainder of the Plan Year in which such termination occurs, the Participant's participation in the Plan shall cease and no further Salary Redirection contributions shall be made. However, such Participant may submit claims for expenses incurred during the portion of the Plan Year preceding his/her date of termination, provided the claims are submitted Section 125 Cafeteria Plan Document (1/1/2019) Page 11 of 44 within the grace period. In the event a Participant terminates participation in the Healthcare Flexible Spending Account during the Plan Year, if Salary Redirections are made other than on a pro rata basis, upon termination the Participant shall be entitled to a reimbursement for any Salary Redirection previously paid for coverage or Benefits relating to the period after the date of the Participant's separation from service regardless of the Participant's claims or reimbursements as of such date. 2.8 DEATH OF A PARTICIPANT If a Participant dies during any Plan Year and at the time of death he/she has not received the total reimbursements available for the Plan Year, the Participant's surviving Spouse, children, or legal representatives can continue to submit claims for expenses incurred during the Plan Year pursuant to COBRA provisions stated in Section 2.7. A Participant may designate a specific Beneficiary for this purpose. If no such Beneficiary is specified, the Administrator may designate the Participant's Spouse, a Dependent, or a representative of his/her estate. ARTICLE 111 CONTRIBUTIONS TO THE PLAN 3.1 SALARY REDIRECTION If a Participant's Employer Contribution to this Plan is not sufficient to cover the cost of Benefits or Premium Expenses being provided and elected pursuant to Articles IV and V, the Participant's Compensation will be reduced in an amount equal to the difference between the cost of Benefits he/she elected and the amount of Employer Contribution available to the Participant. Such reduction in Compensation shall be his/her Salary Redirection, which the Employer will use on behalf of the Participant, together with his/her Employer Contribution, to pay for the Benefits elected by the Participant. The amount of such Salary Redirection shall be specified in the Salary Redirection Agreement and shall be applicable for a Plan Year. Notwithstanding the above, for new Participants, the Salary Redirection Agreement shall only be applicable from the first pay date of the month following the Employee's Entry Date up to and including the last day of the Plan Year. These contributions shall be converted to Flexible Benefits Plan Dollars and allocated to the funds or accounts established under the Plan pursuant to the Participants' elections made under Article V. Any Salary Redirection shall be determined prior to the beginning of a Plan Year (subject to initial elections pursuant to Section 5.1) and prior to the end of the Election Period and shall be irrevocable for such Plan Year. However, a Participant may revoke a Benefit election or a Salary Redirection Agreement after the Plan Year has commenced and make a new election and/or Salary Redirection Agreement with respect to the remainder of the Plan Year, if both the revocation and the new election are on account of and consistent with a change in status and such other permitted events as determined under Article V of the Plan and consistent with the rules and regulations of the Department of the Treasury. Salary Redirection amounts shall be contributed on a pro rata basis for each pay period during the Plan Year. All individual Salary Redirection Agreements are deemed to be part of this Plan and incorporated by reference hereunder. Section 125 Cafeteria Plan Document (1/1/2019) Page 12 of 44 3.2 APPLICATION OF CONTRIBUTIONS As soon as reasonably practical after each payroll period, the Employer shall apply the Employer Contribution and Salary Redirection to provide the Benefits elected by the affected Participants. Any contributions made or withheld from an Employee's Compensation, pursuant to the Employee's signed Salary Redirection Agreement for the Healthcare Flexible Spending Account or Dependent Care Assistance Account shall be credited to such account. Amounts designated for the Participant's Premium Expense Reimbursement Account shall likewise be credited to such account for the purpose of paying Premium Expenses. 3.3 PERIODIC CONTRIBUTIONS Notwithstanding the requirement provided above and in other Articles of this Plan that Salary Redirections be contributed to the Plan by the Employer on behalf of an Employee on a level and pro rata basis for each payroll period, the Employer and Administrator may implement a procedure in which Salary Redirections are contributed throughout the Plan Year on a periodic basis that is not pro rata for each payroll period. However, with regard to the Healthcare Flexible Spending Account, the payment schedule for the required contributions may not be based on the rate or amount of reimbursements during the Plan Year. In the event Salary Redirections are not made on a pro rata basis, upon termination of participation, a Participant may be entitled to a refund of such Salary Redirections pursuant to Section 3.1. ARTICLE IV BENEFITS 4.1 BENEFIT OPTIONS Upon becoming a Participant prior to each Plan Year, a Participant must allocate his/her Flexible Benefits Plan Dollars, and Salary Redirection amounts, if any, among the Plan of Benefit Options indicated in the Employer's Adoption Agreement. 4.2 HEALTHCARE FLEXIBLE SPENDING ACCOUNT BENEFIT If selected as an available Benefit Option under the Employer's Adoption Agreement, each Participant may elect coverage under the Healthcare Flexible Spending Account option, in which case Article VI shall apply. 4.3 DEPENDENT CARE ASSISTANCE PROGRAM BENEFIT If selected as an available Benefit Option under the Employer's Adoption Agreement, each Participant may elect coverage under the Dependent Care Assistance Program option, in which case Article VII shall apply. Section 125 Cafeteria Plan Document (1/1/2019) Page 13 of 44 4.4 RESERVED 4.5 INSURANCE BENEFIT Each Participant may elect to be covered under the Employer's Insurance Contract(s) selected in the Employer's Adoption Agreement for the Participant, his/her Spouse, and his/her Dependents. The Employer may select suitable Insurance Contracts for use in providing his/her health insurance benefit, which policies will provide uniform benefits for all Participants electing this Benefit. The rights and conditions with respect to the benefits payable from such Insurance Contract shall be determined therein, and such Insurance Contract shall be incorporated herein by reference. 4.6 CASH BENEFIT To the extent that a Participant elects to have less than the maximum amount of his/her Compensation contributed as a pre-tax Contribution or after-tax Contribution hereunder, such amount not contributed to the Plan as an allowable pre-tax Benefit option shall be paid to the Participant in the form of regular Compensation that is subject to applicable withholding and other employment tax obligations and subject to any applicable Employer policy, memorandum of understanding, or Employer compensation plan. If, before the end of the applicable Election Period but after choosing Benefit options, some of a Participant's Flexible Benefits Plan Dollar or Salary Redirection amounts are not applied toward available Benefits, then such amounts not so applied shall be forfeited to the Plan or paid to the Participant as additional cash Compensation, subject to any applicable Employer policy, memorandum of understanding, or Employer compensation plan or other limitations, as determined by the Employer's Adoption Agreement. With the exception of the applicable cost of any Insurance Premium that will be automatically paid for on a pre-tax basis through use of Flexible Benefits Plan Dollars, or as otherwise set forth under Section 3.1 above (unless the Participant elects otherwise), if a Participant fails to make an initial election of Benefit options or does not elect any Salary Redirections, such Participant shall be deemed to have chosen the Cash benefit as his/her sole initial Benefit option. Participants deemed to have chosen the Cash benefit as their sole initial Benefit option shall have their Participant Flexible Benefits Plan Dollars applied in the form of regular Compensation in such amount and in the manner specified in the Employer's Adoption Agreement and any applicable Employer policy. memorandum of understanding, or Employer compensation plan. 4.7 NONDISCRIMINATION REQUIREMENTS a) It is the intent of this Plan to provide Benefits to a classification of employees that the Secretary of the Treasury finds not to be discriminatory in favor of the group in whose favor discrimination may not occur under Code Section 125. b) It is the intent of this Plan not to provide Qualified Benefits as defined under Code Section 125 to Key Employees in amounts that exceed 25% of the Section 125 Cafeteria Plan Document (1/1/2019) Page 14 of 44 aggregate of such Benefits provided for all Eligible Employees under the Plan. For purposes of the preceding sentence, "Qualified Benefits" do not include: 1) any separate payment of Insurance Premiums by the Employer that are not paid for through this Plan, or 2) any Benefits to Key Employees that (without regard to this paragraph) would be includable in gross income. c) If the Administrator deems it necessary to avoid discrimination or possible taxation to Key Employees or a group of employees in whose favor discrimination may not occur in violation of Code Section 125, it may, but shall not be required to, reject any election or reduce contributions or nontaxable Benefits in order to assure compliance with this Section. Any action taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any election or reduce contributions or nontaxable Benefits, it shall be done in the following manner. First, the nontaxable Benefits of the affected Participant (either an Employee who is Highly Compensated or a Key Employee, whichever is applicable) who has elected the highest amount of nontaxable Benefits for the Plan Year shall have his/her nontaxable Benefits reduced until the discrimination tests set forth in this Section are satisfied or until the amount of his/her nontaxable Benefits equals the nontaxable Benefits of the affected Participant who has elected the second highest amount of nontaxable Benefits. This process shall continue until the nondiscrimination tests set forth in this Section are satisfied. With respect to any affected Participant who has had Benefits reduced pursuant to this Section, the reduction shall be made proportionately among non - Insurance Benefits, and once all non -Insurance Benefits are expended, proportionately among delineated Benefits. Insurance contributions, which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and deposited into the benefit plan surplus. ARTICLE V PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS An Employee who meets the eligibility requirements of Section 2.1 on the first day of, or during, a Plan Year may elect to participate in this Plan for all or the remainder of such Plan Year, provided he/she elects to do so before his/her Effective Date of participation pursuant to Section 2.2, or for a newly eligible Employee, no more than 60 days after their date of hire. For any such newly eligible Employee, if coverage is effective as of the date of hire pursuant to Section 2.1 above, such Employee shall be eligible to participate retroactively as of their date of hire. Newly eligible Employee Election amounts will be collected on the first pay date of the month after his/her election was received. However, if such Employee does not complete an application to participate and Benefit election form and deliver it to the Administrator before such date, his/her Election Period shall extend 60 calendar days after such date, or for such further period as the Administrator shall determine and apply on a uniform and Section 125 Cafeteria Plan Document (1/1/2019) Page 15 of 44 nondiscriminatory basis. However, any election during the extended 60 -day election period pursuant to this Section 5.1 shall not be effective until the first pay date concurrent with or following the later of such Participant's Effective Date of participation pursuant to Section 2.2 or the date of the receipt of the election form by the Administrator, and shall be limited to the Benefit expenses incurred for the balance of the Plan Year for which the election is made. 5.2 SUBSEQUENT ANNUAL ELECTIONS With the exception of an Insurance Benefit premium election that is made as of the initial enrollment in the Plan without being required to make a new annual election during the Election Period for each subsequent Plan Year and subject to the following conditions with respect to other Benefits that the Participant can provide for payment under this Plan, each Participant shall be given the opportunity to annually elect, on an election of Benefits form to be provided by the Administrator, which Benefit options he/she wishes to select and purchase with his/her Flexible Benefits Plan Dollars. Any such election shall be effective for any Benefit expenses incurred during the Plan Year, which follows the end of the Election Period. With regard to subsequent annual elections, the following options shall apply: a) A Participant or Employee who failed to initially elect to participate may elect different or new Benefits under the Plan during the Election Period; b) A Participant may terminate participation in the Plan by notifying the Administrator in writing during the Election Period that he/she does not want to participate in the Plan for the next Plan Year; c) An Employee who elects not to participate for the Plan Year following the Election Period will have to wait until the next Election Period before again electing to participate in the Plan, or until a change in status event pursuant to Section 5.4 would justify an earlier mid -year election change. 5.3 FAILURE TO ELECT Any Participant failing to complete an election of Benefits form pursuant to Section 5.2 by the end of the applicable Election Period shall be deemed to have elected not to participate in the Plan for the upcoming Plan Year for the Healthcare Flexible Spending Account and/or Dependent Care Assistance. No further Salary Redirections shall therefore be authorized for such subsequent Plan Year, until a change in status event pursuant to Section 5.4 would justify an earlier mid -year election change. Elections under the Insurance Benefit shall remain in effect for such subsequent Plan Year. 5.4 CHANGE OF ELECTIONS a) With the exception of any specific circumstances otherwise described below, any Participant may change a Benefit election after the Plan Year (to which such election relates) has commenced and make new elections with respect to the remainder of such Plan Year if, under the facts and circumstances, 1) a change in status occurs, and 2) the requested revocation and new election satisfy the Section 125 Cafeteria Plan Document (1/1/2019) Page 16 of 44 consistency requirements in Section 5.5. Any new election shall be effective at such time as the Administrator shall prescribe, but not earlier than first day of the month coinciding with or next after the election form is completed and returned to the Administrator. For this purpose, a change in status includes the following events: 1) Legal Marital Status. Events that change a Participant's legal marital status, including marriage, divorce, death of a Spouse, legal separation, or annulment; 2) Number of Dependents. Events that change a Participant's number of Dependents, including birth, adoption, placement for adoption, or death of a Dependent; 3) Employment Status. Any of the following events that change the employment status of the Participant, Spouse, or Dependent: termination or commencement of employment, a strike or lockout, commencement or returns from an unpaid leave of absence, or a change in worksite. In addition, if the eligibility conditions of this Plan or other employee benefit plan of the Employer of the Participant, Spouse, or Dependent depend on the employment status of that individual and there is a change in that individual's employment status with the consequence that the individual becomes (or ceases to be) eligible under the Plan, then that change constitutes a change in employment under this subsection. Notwithstanding anything in this Section to the contrary, the gain of eligibility or change in eligibility of a child as allowed under Code Sections 105(b) and 106, and IRS Notice 2010-38, shall qualify as a change in status; 4) Dependent Satisfies or Ceases to Satisfy Eligibility Requirements. An event that causes the Participant's Dependent to satisfy or cease to satisfy the requirements for coverage due to attainment of age, student status, or any similar circumstance; 5) Residency: A change in the place of residence of the Participant, Spouse, or Dependent; 6) Special requirements concerning the Family and Medical Leave Act (FMLA) and the Health Insurance Portability and Accountability Act (HIPAA); and 7) Other. Such other events that the Administrator (in its sole discretion) determines to be consistent with and attributable to a change in status. Additional proof may be required by the Administrator to support any change of status election submitted by a Participant. Section 125 Cafeteria Plan Document (1/1/2019) Page 17 of 44 b) The Participant may change an election for accident or health coverage during a Plan Year and make a new election that corresponds with the special enrollment rights provided in Code Section 9801(f). c) If the change in status is due to a change in the Participant's marital status, under item 1) above, or a change in employment status of the Participant's Spouse or covered Dependents under item 3) above, the Participant may elect to increase or decrease group -term life coverage and/or group disability coverage corresponding with that change in status. d) In the event of a judgment, decree, or order ("order") resulting from a divorce, legal separation, annulment, or change in legal custody (including a qualified medical child support order defined in ERISA Section 609) which requires accident or health coverage for a Participant's child: 1) The Plan may change an election to provide coverage for the child if the order requires coverage under the Participant's Plan; or 2) The Participant shall be permitted to change an election to cancel coverage for the child if the order requires the former Spouse to provide coverage for such child and such coverage is actually provided. e) A Participant may change elections to cancel accident or health coverage for the Participant or the Participant's Spouse or Dependent if the Participant or the Participant's Spouse or Dependent is enrolled in the accident or health coverage of the Employer and becomes entitled to coverage (i.e., enrolled) under Part A or Part B of the Title XVIII of the Social Security Act (Medicare) or Title XIX of the Social Security Act (Medicaid), other than coverage consisting solely of benefits under Section 1928 of the Social Security Act (the program for distribution of pediatric vaccines). Further, if the Participant or the Participant's Spouse or Dependent that has been entitled to Medicare or Medicaid loses eligibility for such coverage, the Participant may prospectively elect to commence or increase the accident or health coverage of the individual who loses Medicare or Medicaid eligibility. f) A Participant may make a prospective election change to add group health coverage for the Participant or the Participant's Spouse or Dependent if such individual(s) lose coverage under any group health coverage sponsored by a governmental or educational institution, including (but not limited to) the following: a medical care program of an Indian Tribal government (as defined in Code Section 7701 (a) (40)), the Indian Health Service, or a tribal organization; a state health benefits risk pool; or a foreign government group health plan, subject to the terms and limitations of the applicable benefit package option(s). In addition, to the extent permitted under the Children's Health Insurance Program Reauthorization Act of 2009, an Eligible Employee may enroll and a Participant may change an election for accident or health coverage during a Plan Year and make a new election that corresponds with the special enrollment rights Section 125 Cafeteria Plan Document (1/1/2019) Page 18 of 44 g) provided in Code Section 9801(f), in the event that either (i) the Employee or his Dependent is covered under a plan offered under Medicaid or a State Children's Health Insurance Program (SCHIP) established under Title XXI of the Social Security Act and such coverage is terminated as the result of a loss of eligibility, or (ii) the Employee or Dependent becomes eligible for a state premium assistance subsidy from a plan offered under Medicaid or through a SCHIP). In either case, the Employee must meet the 60 day notice requirements imposed by Code Section 9801(f) (or such longer period as may be permitted by the Plan and communicated to Participants). Such change shall take place on a prospective basis, unless otherwise required by Code Section 9801(f) to be retroactive. If the cost of a Benefit provided under the Plan increases or decreases during a Plan Year, then the Plan shall automatically increase or decrease, as the case may be, the Salary Redirections of all affected Participants for such Benefit. Alternatively, if the cost of a benefit package option increases significantly, the Administrator shall permit the affected Participants to either make corresponding changes in their payments; or revoke their elections and, in lieu thereof, receive on a prospective basis coverage under another benefit package option with similar coverage; or drop coverage prospectively if there is no other benefit package option available that provides similar coverage. This Plan treats coverage by another employer, such as a Spouse's or Dependent's employer, as similar coverage. h) If the cost of a Benefit provided under the Plan decreases significantly during a Plan Year, the Administrator shall permit the affected Participants to either make corresponding changes in their payments; and employees who are otherwise eligible under the Plan may elect the benefit package option, subject to the terms and limitations of the benefit package option. i) If the coverage under a Benefit is significantly curtailed and such curtailment results in a loss of coverage, or ceases during a Plan Year, any affected Participants may revoke their elections of such Benefit and, in lieu thereof, elect to receive on a prospective basis coverage under another Plan with similar coverage or drop coverage prospectively if there is no other benefit package option available that provides similar coverage. If the coverage under a Benefit is significantly curtailed and such curtailment does not result in a loss of coverage, affected Participants may revoke their elections of such Benefit and, in lieu thereof, elect to receive on a prospective basis coverage under another Plan with similar coverage. k) If, during the period of coverage, a new benefit package option or other coverage option is added (or an existing benefit package option or other coverage option is eliminated), or a significantly improved existing benefit package option is added, then the affected Participants and employees who are otherwise eligible under the Plan may elect the newly added or significantly improved option (or elect another option if an option has been eliminated) prospectively and make j) Section 125 Cafeteria Plan Document (1/1/2019) Page 19 of 44 corresponding election changes with respect to other benefit package options providing similar coverage. I) A Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of a Spouse's, former Spouse's, or Dependent's employer if 1) the cafeteria plan or other benefits plan of the Spouse's, former Spouse's, or Dependent's employer permits its Participants to make a change; or 2) the cafeteria plan permits Participants to make an election for a period of coverage that is different from the period of coverage under the cafeteria plan of a Spouse's, former Spouse's, or Dependent's employer. m) A cost change is allowable in the Dependent Care Assistance Program only if the cost change is imposed by the dependent care provider who is not related to the Participant, as defined in Code Section 152(a)(1) through (8). However, a Participant shall not be permitted to change an election to the Healthcare Flexible Spending Account as a result of a cost or coverage change under this subsection. n) Generally, the termination of employment by a Participant shall not be considered a change in status. Therefore, upon termination, such Participant shall not be entitled to change existing Benefit elections. Rather, such termination shall constitute a revocation of all existing Benefit elections, except with regard to the Healthcare Flexible Spending Account, in which case the Participant's election shall be governed by Section 2.7. o) Notwithstanding any other provision of this Plan, the Administrator may 1) permit a Participant to revoke (and subsequently reinstate) his/her election of one or more Benefit coverages under the Plan and 2) adjust a Participant's Compensation redirection as a result of a revocation or reinstatement to the extent the Administrator deems necessary or appropriate to assure the Plan's compliance with the provisions of the Family and Medical Leave Act of 1993 and any Regulations pertaining thereto. 5.5 CONSISTENCY REQUIREMENT a) A Participant's requested revocation and new election will be consistent with a change in status 1) if the election change is on account of and corresponds with a change in status that affects the eligibility for coverage under a Plan of the Employer or under a Plan maintained by the employer of the Participant's Spouse or Dependent, and 2) with respect to dependent care assistance, if the election change is on account of and corresponds with a change in status that affects expenses described in Code Section 129 (including employment-related expenses defined in Code Section 21(b)(2)). A change in status election is not consistent if the change in status is due to the Participant's divorce, annulment, or legal separation from a Spouse; the death of a Spouse or Dependent; or a Dependent ceases to satisfy the eligibility requirements for coverage, yet the Participant's election under the Plan is to cancel accident or health insurance Section 125 Cafeteria Plan Document (1/1/2019) Page 20 of 44 coverage for any individual other than the one involved in such event. Likewise, if the Participant, Spouse, or Dependent gains eligibility for coverage under a family member plan as a result of a change in marital status or a change in employment status, then a Participant's election under the Plan corresponds with that change in status only if coverage for that individual becomes applicable or is increased under the family member plan. b) Regardless of the consistency requirement, if the individual, the individual's Spouse, or Dependent becomes eligible for continuation coverage under the Employer's group health plan as provided in Code Section 4980B or any similar state law, then the individual may elect to increase payments under this Plan in order to pay for the continuation coverage. ARTICLE VI HEALTHCARE FLEXIBLE SPENDING ACCOUNT 6.1 ESTABLISHMENT OF PLAN This Healthcare Flexible Spending Account is intended to qualify as a medical reimbursement plan under Code Section 105 and shall be interpreted in a manner consistent with such Code Section and the Treasury Regulations thereunder. Participants who elect to participate in this Healthcare Flexible Spending Account may submit claims for the reimbursement of medical expenses. All amounts reimbursed under this Healthcare Flexible Spending Account shall be periodically paid from amounts allocated to the Participant's Healthcare Flexible Spending Account. Periodic payments reimbursing Participants from the Healthcare Flexible Spending Account shall in no event occur less frequently than monthly. 6.2 DEFINITIONS For the purposes of this Article and the Plan, the terms below have the following meaning: a) "Healthcare Flexible Spending Account" means the account established for Participants pursuant to this Plan to which part of their Flexible Benefits Plan Dollars may be allocated and from which all allowable medical expenses may be reimbursed. b) "Healthcare Flexible Spending Account Plan" means the Plan of Benefits contained in this Article, which provides for the reimbursement of eligible medical expenses incurred by a Participant or his/her Dependents. And includes a Limited -Purpose Healthcare Flexible Spending Account that reimburses only vision and dental expenses. c) "Highly Compensated Employee" means for the purpose of this Article and determining discrimination under Code Section 105(h) a Participant who is: 1) One of the five highest paid officers; Section 125 Cafeteria Plan Document (1/1/2019) Page 21 of 44 2) A shareholder who owns (or is considered to own applying the rules of Code Section 318) more than 10 percent in value of the stock of the Employer; or 3) Among the highest paid 25 percent of all Employees (other than exclusions permitted by Code Section 105(h)(3)(B) for those individuals who are not Participants). d) "Incurred" means a medical expense is incurred at the time the medical care or service giving rise to the expense is furnished, and not when the Participant is formally billed for, charged for, or pays for the medical care. e) "Medical Expenses" means any expense for medical care within the meaning of the term "medical care" or "medical expense" as defined in Code Section 213(d) and as allowed under Code Section 105 and the rulings and Treasury Regulations thereunder, and not otherwise used by the Participant as a deduction in determining his/her tax liability under the Code. However, a Participant may not be reimbursed for the cost of other health coverage such as Premiums paid under plans maintained by the employer of the Participant's Spouse or individual policies maintained by the Participant or his/her Spouse or Dependent. Furthermore, a Participant may not be reimbursed for "qualified long- term care services" as defined under Code Section 7702B. A participant may not be reimbursed for the cost of any medicine or drug that is not "prescribed" within the meaning of Code Section 106(f) or is not insulin. 1) The definitions in Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Healthcare Flexible Spending Account. 6.3 FORFEITURES AND CARRYOVER The amount in the Healthcare Flexible Spending Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 6.7 hereof) shall be forfeited and credited to the benefit plan surplus. In such event. the Participant shall have no further claim to such amount for any reason. Notwithstanding this provision, the provisions of the Plan concerning the payment of qualifying expenses, which include payment from any Healthcare Flexible Spending Account that would otherwise be forfeited if not incurred by the end of the Plan Year, are as follows: The Plan shall provide for a carryover of $500 of any amount remaining unused in a Healthcare Flexible Spending Account as of the end of the Plan Year. Such carryover amount shall be used to pay or reimburse medical expenses under any Healthcare Flexible Spending Account incurred during the entire Pian Year to which it is carried over. Such carryover amounts may not be cashed out or converted to any other taxable or nontaxable benefit, and will not count toward the limitation on allocations for the following Plan Year, as described in Section 6.4. Section 125 Cafeteria Plan Document (1/1/2019) Page 22 of 44 A Participant who is otherwise eligible for the Healthcare Flexible Spending Account for a Plan Year but does not make a Healthcare Flexible Spending Account election for that Plan Year may use any carryovers from the preceding Plan Year for Medical Expenses incurred in the current or preceding Plan Year. However, an Employee or other individual must be a Participant in the Healthcare Flexible Spending Account as of the last day of a Plan Year in order to carry over unused amounts to the next Plan Year. Termination of employment and cessation of eligibility will result in a Toss of carryover eligibility unless a COBRA election is made. Medical Expenses incurred during a Plan Year will be reimbursed first from a Participant's unused amounts credited for that Plan Year and then from amounts carried over from the preceding Plan Year. Carryovers that are used to reimburse a current Plan Year expense will reduce the amount available to pay the Participant's preceding Plan Year expenses, cannot exceed $500, and will count against the $500 maximum carryover amount. If unused Healthcare Flexible Spending Amounts remain for a Plan Year after all reimbursements have been made for that Plan Year in excess of the amount that can be carried over, the Participant will forfeit all rights with respect to those amounts, which will be subject to the Plan's provisions regarding forfeitures. 6.4 LIMITATION ON ALLOCATIONS a) Notwithstanding any provision contained in this Healthcare Flexible Spending Account to the contrary, the maximum amount, which may be allocated by a Participant in or on account of any Plan Year to this Account, is prescribed in the Employer's Adoption Agreement. b) Cost of Living Adjustment. In no event shall the amount of salary redirections on the Healthcare Flexible Spending Account exceed $2,700 in taxable year 2019 and as adjusted and indexed for other taxable years in accordance with Code Section 125(i)(2). c) Participation in Other Plans. All employers that are treated as a single employer under Code Sections 414(b), or (m), relating to controlled groups and affiliated service groups, are treated a single employer for purposes of the $2,700 limit. d) Carryover Provision. Payment of expenses from a previous year in the first months of the next Plan Year, the $2,700 limit applies to the Plan Year including the Carryover provision and shall not affect the limit for the next Plan Year. 6.5 NONDISCRIMINATION REQUIREMENTS a) It is the intent of this Healthcare Flexible Spending Account not to discriminate in violation of the Code and the Treasury Regulations thereunder. b) If the Administrator deems it necessary to avoid discrimination under this Healthcare Flexible Spending Account, it may, but shall not be required to, reject Section 125 Cafeteria Plan Document (1/1/2019) Page 23 of 44 any elections or reduce contributions or Benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Healthcare Flexible Spending Account by the member of the group in whose favor discrimination may not occur pursuant to Code Sections 105 or 125 that elected to contribute the highest amount of the account for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section or the Code are satisfied, or until the amount designated for the account equals the amount designated for the account by the next member of the group in whose favor discrimination may not occur pursuant to Code Sections 105 or 125 who has elected the second highest contribution to the Healthcare Flexible Spending Account for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section or the Code are satisfied. Contributions, which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph, shall be forfeited and credited to the benefit plan surplus. 6.6 COORDINATION WITH SECTION 125 CAFETERIA PLAN All Participants under the Plan are eligible to receive Benefits under this Healthcare Flexible Spending Account. The enrollment and termination of participation under the Plan overall shall constitute enrollment and termination of participation under this Healthcare Flexible Spending Account Program. In addition, other matters concerning contributions, elections, and the like shall be governed by the general provisions of the Plan overall. 6.7 HEALTHCARE FLEXIBLE SPENDING ACCOUNT CLAIMS a) All Medical Expenses incurred by a Participant shall be reimbursed during the Plan Year subject to Sections 2.5 through 2.8, even though the submission of such a claim occurs after his/her participation hereunder ceases; but provided that the medical expenses were incurred during the applicable Plan Year. b) The Administrator shall direct the reimbursement to each eligible Participant for all allowable medical expenses, up to a maximum of the amount designated by the Participant for the Healthcare Flexible Spending Account for the Plan Year. Reimbursements shall be made available to the Participant throughout the year without regard to the level of Flexible Benefits Plan Dollars which have been allocated to the account at any given point in time. Furthermore, a Participant shall be entitled to reimbursements only for amounts in excess of any payments or other reimbursements under any healthcare plan covering the Participant and/or the Participant's Spouse or Dependents. c) Claims for the reimbursement of medical expenses incurred in any Plan Year shall be paid within 30 days after receipt by the Administrator; provided however, that if a Participant fails to submit a claim within the 90 -day period immediately Section 125 Cafeteria Plan Document (1/1/2019) Page 24 of 44 following the end of the Plan Year or the 90 -day period immediately following a Participant's date of termination, those medical expense claims shall not be considered for reimbursement by the Administrator. Unless payment arrangements are as directed within this paragraph or as otherwise specified below, reimbursement payments under this Plan shall be made directly to the Participant. However, at the Administrator's discretion, payments may also be made directly to the service provider. The application for payment or reimbursement shall be made to the Administrator on an acceptable form within a reasonable time of incurring the debt for the service. The application shall include a written statement from an independent third party stating that the medical expense has been incurred and the amount of such expense. Furthermore, the Participant shall provide a written statement that the medical expense has not been reimbursed or is not reimbursable under any other health plan coverage and, if reimbursed from the Healthcare Flexible Spending Account, such amount will not be claimed as a tax deduction. The Administrator shall retain a file of all such statements and applications. ARTICLE VII DEPENDENT CARE ASSISTANCE PROGRAM 7.1 ESTABLISHMENT OF PROGRAM This Dependent Care Assistance Program is intended to qualify as a program under Code Section 129 and shall be interpreted in a manner consistent with such Code Section. Participants who elect to participate in this program may submit claims for the reimbursement of employment-related dependent care expenses. All amounts reimbursed under this Dependent Care Assistance Program shall be periodically paid from amounts allocated to the Participant's Dependent Care Assistance Account. 7.2 DEFINITIONS For the purposes of this Article and the Plan, the terms below shall have the following meaning: a) "Dependent Care Assistance Account" means the account established for a Participant pursuant to this Plan to which part of their Flexible Benefits Plan Dollars may be allocated and from which all employment-related dependent care expenses of the Participant may be reimbursed. b) "Dependent Care Assistance Program" means the program of Benefits contained in this Article, which provides for the reimbursement of eligible expenses for the care of the Qualifying Dependents of Participants. c) "Earned Income" means earned income as defined under Code Section 32(c)(2), but excluding such amounts paid or incurred by the Employer for dependent care assistance to the Participant. Section 125 Cafeteria Plan Document (1/1/2019) Page 25 of 44 d) "Employment -Related Dependent Care Expenses" means the amounts paid for expenses of a Participant for those services, which if paid by the Participant, would be considered employment-related expenses under Code Section 21(b)(2). Generally, they shall include expenses for household services or for the care of a Qualifying Dependent, to the extent that such expenses are incurred to enable the Participant to be gainfully employed for any period for which there is one or more Qualifying Dependents with respect to such Participant. The determination of whether an amount qualifies as an employment-related dependent care expense shall be made subject to the following rules: 1) If such amounts are paid for expenses incurred outside of the Participant's household, they shall constitute employment-related dependent care expenses only if incurred for a Qualifying Dependent as defined in Section 7.2(f)(1) (or deemed to be, pursuant to Section 7.2(f)(3)), or for a Qualifying Dependent as defined in Section 7.2(f)(2) (or deemed to be, pursuant to Section 7.2(f)(3)) who regularly spends at least 8 hours per day in the Participant's household; 2) If the expense is incurred outside the Participant's home at a facility that provides care for a fee, payment, or grant for more than six individuals who do not regularly reside at the facility, the facility must comply with all applicable State and local laws and regulations, including licensing requirements, if any; and 3) Employment-related dependent care expenses of a Participant shall not include amounts paid or incurred to a child of such Participant who is under the age of 19 or to an individual who is a dependent of such Participant or such Participant's Spouse. e) "Highly Compensated Employee" means an Employee who is a Highly Compensated Employee within the meaning of Code Section 414(q) and the Treasury Regulations thereunder. f) "Qualifying Dependent" means, for Dependent Care Assistance Program purposes, 1) A Dependent (as defined under Code Section 152(a)(1) who is under the age of 13; 2) A Qualifying Child, a Qualifying Relative or the Spouse of a Participant who is physically or mentally incapable of caring for himself or herself and who has the same principal place of residence as the Participant for more than one-half of year; or Section 125 Cafeteria Plan Document (1/1/2019) Page 26 of 44 g) 3) A Dependent that is deemed to be a Qualifying Dependent described in paragraph (1) or (2) above, whichever is appropriate, pursuant to Code Section 21(e)(5). The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Dependent Care Assistance Program. 7.3 DEPENDENT CARE ASSISTANCE ACCOUNTS The Administrator shall establish a Dependent Care Assistance Account for each Participant who elects to apply Flexible Benefits Plan Dollars to Dependent Care Assistance Program Benefits. 7.4 INCREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS A Participant's Dependent Care Assistance Account shall be increased each pay period by the portion of Flexible Benefits Plan Dollars that he/she has elected to apply toward his/her Dependent Care Assistance Account pursuant to elections made under Article V hereof. 7.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS A Participant's Dependent Care Assistance Account shall be reduced by the amount of any employer -related dependent care expense reimbursements incurred on behalf of a Participant pursuant to Section 7.12 hereof. 7.6 ALLOWABLE DEPENDENT CARE ASSISTANCE REIMBURSEMENT Subject to limitations contained in Section 7.9 of this Program, and to the extent of the amount contained in the Participant's Dependent Care Assistance Account, a Participant who incurs employment-related dependent care expenses shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses incurred during the Plan Year or portion thereof during which he/she is a Participant. 7.7 ANNUAL STATEMENT OF BENEFITS By February 1 of each calendar year, the Employer shall furnish to each Employee who was a Participant and received Benefits under Section 7.6 during the prior calendar year, a statement of all such Benefits paid to or on behalf of such Participant during the prior calendar year. 7.8 FORFEITURES AND CLAIMS EXTENSION PERIOD The amount in a Participant's Dependent Care Assistance Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 7.12 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason. Section 125 Cafeteria Plan Document (1/1/2019) Page 27 of 44 Notwithstanding this provision, the provisions of the Plan concerning the payment of qualifying expenses or other similar benefits, which may include but is not limited to payment from dependent care assistance accounts or other similar arrangements, that would otherwise be forfeited if not incurred by the end of the Plan Year are amended in the following respects: a) Claims Incurred Prior to the End of the Plan Year. For purposes of any provisions within the Plan that require qualifying expenses or other similar benefits to have been incurred by the end of the Plan Year to be eligible for reimbursement by the Plan, as of the Effective Date, the Plan shall also reimburse any qualifying expenses or other similar benefits that are incurred within the Claims Extension Period immediately following the end of the Plan Year. Any Plan provisions related to the deadline for forfeiture of any unused Plan accounts that are not utilized by the end of the Plan Year shall also take into consideration the Claims Extension Period. b) Claims Extension Period—Defined. For purposes of these rules, the "Claims Extension Period" shall be the period that ends on the 15th day of the third month immediately following the end of the most recent Plan Year. c) Order of Expense or Benefit Payment. Amounts remaining in the Participant's applicable dependent care assistance or other similar Plan account as of the end of the Plan Year shall be used first for the payment of any claims submitted during the Claims Extension Period. If all prior year amounts have been fully utilized, claims incurred during the Claims Extension Period shall be paid from any amounts elected for the Plan Year immediately coinciding with the Claims Extension Period. For these purposes, amounts remaining in one Plan account cannot be used to supplement the lack of available funds from another Plan account (e.g., excess amounts within a participant's dependent care assistance account may not be used to fund flexible spending account health claims incurred during the Claims Extension Period). d) Forfeitures. Any amount(s) that remain as of the end of any Plan Year (including the processing all allowable claims submitted during the Claims Extension Period, pursuant to b) above) shall be forfeited and credited to any benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason, subject to any claims appeal rights otherwise set forth herein. e) Claims Submission Deadline. All claims reimbursement requests must be submitted by the end of the month following the end of the Claim Extension Period deadline. 7.9 LIMITATION ON PAYMENTS Notwithstanding any provision contained in this Article to the contrary, amounts paid from a Participant's Dependent Care Assistance Account in or on account of any taxable year of the Participant shall not exceed the lesser of the Earned Income limitation described in Code Section 129(b) or ($5,000 ($2,500 if a separate tax return is filed by a Participant who is married as determined under the rules of paragraphs (3) and (4) of Code Section 21(e)) or such lesser or greater amount as determined by the Department of Treasury. Section 125 Cafeteria Plan Document (1/1/2019) Page 28 of 44 7.10 NONDISCRIMINATION REQUIREMENTS a) It is the intent of this Dependent Care Assistance Program that contributions or Benefits not discriminate in favor of Highly Compensated Employees or their Dependents, as prohibited by Code Section 129(d). b) It is the intent of this Dependent Care Assistance Program that not more than 25 percent of the amounts paid by the Employer for dependent care assistance during the Plan Year will be provided for the class of individuals who are shareholders or owners (or their Spouses or Dependents), each of whom (on any day of the Plan Year) owns more than 5 percent of the stock or of the capital or profits interest in the Employer. c) If the Administrator deems it necessary to avoid discrimination or possible taxation to Highly Compensated Employees defined under Section 7.2(e) or to principal shareholders or owners as set forth in this Section, it may, but shall not be required to, reject any elections or reduce contributions or nontaxable Benefits in order to assure compliance with this Section. Any action taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Dependent Care Assistance Account by the Highly Compensated Employee that elected to contribute the highest amount to such account for the Plan Year shall be reduced until the nondiscrimination tests set forth in this Section are satisfied, or until the amount designated for the account equals the amount designated for the account of the Highly Compensated Employee who has elected the second highest contribution to the Dependent Care Assistance Account for the Plan Year. This process shall continue until the nondiscrimination tests set forth in this Section are satisfied. Contributions, which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph, shall be forfeited. 7.11 COORDINATION WITH SECTION 125 CAFETERIA PLAN All Participants under the Plan are eligible to receive Benefits under this Dependent Care Assistance Program. The enrollment and termination of participation under the Plan shall constitute enrollment and termination of participation under this Dependent Care Assistance Program. In addition, other matters concerning contributions, elections, and the like shall be governed by the general provisions of the Plan. 7.12 DEPENDENT CARE ASSISTANCE PROGRAM CLAIMS The Administrator shall direct the payment of all such Dependent Care Assistance claims to the Participant upon the presentation to the Administrator of documentation of such expenses in a form satisfactory to the Administrator. However, at the Administrator's discretion, payments may be made directly to the service provider. In its discretion in administering the Plan, the Administrator may utilize forms and require documentation of costs as may be necessary to verify the claims submitted. At a minimum, the form shall include a statement Section 125 Cafeteria Plan Document (1/1/2019) Page 29 of 44 from an independent third party as proof that the expense has been incurred and the amount of such expense. In addition, the Administrator may require that each Participant who desires to receive reimbursement under this Program for employment-related dependent care expenses submit a statement, which may contain some or all of the following information: a) The Dependent or Dependents for whom the services were performed; b) The nature of the services performed for the Participant, the cost of each he/she wishes reimbursement; c) The relationship, if any, of the person performing the services to the Participant; d) If the services are being performed by a child of the Participant, the age of the child; e) A statement as to where the services were performed; f) If any of the services were performed outside the home, a statement as to whether the Dependent for whom such services were performed spends at least 8 hours a day in the Participant's household; g) If the services were being performed in a daycare center, a statement 1) That the daycare center complies with all applicable laws and regulations of the state of residence, 2) That the daycare center provides care for more than six individuals (other than individuals residing at the center), and 3) Of the amount of fee paid to the provider. h) If the Participant is married, a statement containing the following: 1) The Spouse's salary or wages if he/she is employed, or 2) If the Participant's Spouse is not employed, that (a) He/she is incapacitated, or i) j) (b) He/she is a full-time student attending an educational institution and the months during the year which he/she attended such institution. If a Participant fails to submit a claim within the 90 -day period immediately following the end of the Plan Year, the Administrator shall not consider those claims for reimbursement. All Dependent Care Assistance claims incurred by a Participant shall be reimbursed during the Plan Year subject to Sections 2.5 through 2.8 of the Plan, even though the submission of such a claim occurs after his/her participation Section 125 Cafeteria Plan Document (1/1/2019) Page 30 of 44 hereunder ceases, provided that the Dependent Care Assistance Expenses were incurred during the applicable Plan Year. k) The Administrator shall direct the reimbursement to each eligible Participant for all allowable employment-related dependent care expenses, up to a maximum of the amount designated by the Participant for the Dependent Care Assistance Program for the Plan Year. Reimbursements shall be made available to the Participant throughout the year up to the level of Flexible Benefits Plan Dollars which have been allocated to the account at any given point in time. Furthermore, a Participant shall be entitled to reimbursements only for amounts in excess of any payments or other reimbursements under any Dependent Care Assistance Plan covering the Participant and/or the Participant's Spouse or Dependents. I) Notwithstanding anything in this Section to the contrary, Dependent Care Expenses incurred during the Claims Extension Period, up to the remaining account balance, shall also be deemed to have been incurred during the Plan Year to which the Claims Extension Period relates, if selected in the Employer's Adoption Agreement. Furthermore, the Participant shall provide a written statement that the Dependent Care Assistance Expense has not been reimbursed or is not reimbursable under any other Dependent Care Assistance Plan coverage and, if reimbursed from the Dependent Care Assistance Program, such amount will not be claimed as a tax credit. The Administrator shall retain a file of all such applications. ARTICLE VIII RESERVED ARTICLE IX RESERVED ARTICLE X RESERVED ARTICLE XI RESERVED Section 125 Cafeteria Plan Document (1/1/2019) Page 31 of 44 ARTICLE XII ADMINISTRATION 12.1 PLAN ADMINISTRATION The operation of the Plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the Plan is carried out in accordance with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The Administrator shall have full authority and discretion to administer the Plan in all of its details or may delegate a portion of such authority to any third party, subject, however, to applicable requirements of law. The Administrator's powers shall include, but shall not be limited to the following authority, in addition to all other powers provided by this Plan: a) To make and enforce such rules and regulations as the Administrator deems necessary or proper for the efficient administration of the Plan; b) To interpret the Plan, with the Administrator's interpretations thereof to be final and conclusive on all persons claiming Benefits under the Plan; c) To decide all questions concerning the Plan and the eligibility of any person to participate in the Plan and to receive Benefits provided under the Plan; d) To reject elections or to limit contributions or Benefits for certain Highly Compensated Participants or other affected Participants if the Administrator deems such to be necessary in order to avoid discrimination under the Plan in violation of applicable provisions of the Code, or maintain compliance with any other applicable provisions of the Plan or other requirements of the law; e) To provide Employees with a reasonable notification of their Benefits available under the Plan; f) To approve reimbursement requests and to authorize the payment of Benefits; and g) To appoint such agents, counsel, accountants, consultants, and actuaries as may be required to assist in administering the Plan; and h) To delegate its responsibilities under the Plan and to designate other persons to carry out any of its responsibilities under the Plan, any such delegation or designation to be in writing. Any determination by the Administrator shall be final and conclusive on all persons, in the absence of clear and convincing evidence that the Administrator acted arbitrarily and capriciously. Notwithstanding the foregoing, any claim which arises under any plan of Insurance Benefits selected by the Employer under Paragraph 8 of its signed Adoption Agreement shall not be subject to review under this Plan, and the Administrator's authority Section 125 Cafeteria Plan Document (1/1/2019) Page 32 of 44 under this Section 12.1 shall not extend to any matter as to which an administrator under any such other plan is empowered to make determinations under such plan or policy. Any procedure, discretionary act, interpretation, or construction taken by the Administrator shall be done in a nondiscriminatory manner based upon uniform principles consistently applied and shall be consistent with the intent that the Plan shall continue to comply with the terms of Code Section 125 and the Treasury Regulations thereunder. 12.2 METHOD OF BENEFIT PAYMENT a) The Administrator shall make, or otherwise direct any Trustee to make (if applicable) any and all payments or other reimbursements in the manner specified herein and as otherwise elected by the Employer (e.g., direct reimbursement by check, automatic deposit via automated clearing house (ACH)). b) If a Participant agrees to the terms and conditions of any applicable cardholder agreement that provides for the payment of qualifying Benefit expenses through use of a debit or credit card, stored value card or other similar electronic media (hereinafter the "Debit Card"), payments under this Plan shall be made directly to the service provider, authorized merchant, or other independent third party that provides products or services that are eligible for payment of qualifying Benefit expenses as otherwise set forth herein. 1) Within the cardholder agreement, the Participant agrees that payment for qualifying Benefit expenses can only be made on behalf of the Participant, the Participant's Spouse, or other qualifying Dependents and is otherwise limited to the maximum dollar amount of coverage that is otherwise specified for that Benefit in accordance with the limitations set forth in the Employer's signed Adoption Agreement or as otherwise specified by the Participant's signed Election. The Participant also certifies that any expense paid with the Debit Card has not been, and will not be, reimbursed through any other plan or method of coverage provided under this Plan. The Participant -cardholder also understands that the certification, which shall be printed on the back of the Debit Card, is reaffirmed each time the Debit Card is used. The Participant -cardholder also agrees to acquire and retain sufficient documentation for any expense(s) paid with the Debit Card, including invoices and receipts where appropriate or as required by law. The Participant -cardholder also understands that the Debit Card is automatically cancelled at termination of employment or under such other situations that are otherwise set forth within the cardholder agreement itself. 2) Unless other more stringent procedures or requirements are implemented and communicated to the Employer and its Employees, the Administrator agrees that it shall separately adhere to the terms and conditions of any separate Employer cardholder servicing agreement, including but not limited to, a requirement to maintain the program in compliance with Section 125 Cafeteria Plan Document (1/1/2019) Page 33 of 44 applicable standards under the Code and any mandates that payments for Qualifying Expenses only be made to authorized merchants and service providers. The Administrator also agrees that it shall establish and maintain procedures for substantiation of any payments after the Debit Card has been used for qualifying Benefit payments that are in accordance with applicable provisions of the Code, any underlying Regulations and other applicable guidance thereunder. 3) If the Benefit reimbursement request is being submitted for any non- qualifying Benefit expense in a manner other than as specified under any of the methods allowable under existing IRS guidelines, the Administrator may make a conditional payment of an allowable Benefit item to the authorized service provider, merchant, or approved independent third party, but shall also require the Participant -cardholder to remit additional third -party information, such as merchant or service provider receipts, describing the service or product; the date of service or sale; and the amount, which shall be subject to further review and substantiation. 4) If a Participant attempts to utilize the Debit Card or other form of electronic payment for any improper or non -allowable purpose, the Participant shall be responsible for any and all fees or other expenses, including restitution or other similar penalty amounts, charged inappropriately by the Participant. 5) If any conditional payment or other Benefit payment has been made but is not deemed to be qualifying Benefit expense reimbursement, the Administrator shall ensure that proper correction procedures are maintained with respect to the improper payment(s): (a) Upon identification of any improper payment, the Administrator shall require the Participant to pay back to the Plan an amount equal to the improper payment; (b) If the Participant does not immediately repay the Plan, the Administrator shall ensure that the proper amount is withheld from the Participant's wages or other Compensation (with such amounts then being immediately remitted to the Plan by the Employer) to the extent consistent with applicable law; (c) To the extent that neither (a) nor (b) above are allowable or effective, the Administrator shall have the authority to utilize a Claim substitution or offset approach to resolve the improper Claim amount(s), with such methodology being clearly explained to the Participant -cardholder as part of his/her cardholder agreement. (d) The Administrator may also take any further steps or actions as deemed necessary, including denial or cancellation of access to the Debit Card until the indebtedness is repaid by the Participant. The Section 125 Cafeteria Plan Document (1/1/2019) Page 34 of 44 Administrator may also pursue any other methods of collection as would be consistent with its usual business practices to ensure the improper payment amounts are adequately remitted to the Plan as required by the Plan or Participant -cardholder agreement. 12.3 EXAMINATION OF RECORDS The Administrator shall make available to each Participant, Eligible Employee, and any other Employee of the Employer such records as pertain to their interest under the Plan for examination at reasonable times during normal business hours; provided, however, the Administrator shall have no obligation to disclose any records or information which the Administrator, in its sole discretion, determines to be of a privileged or confidential nature. 12.4 PAYMENT OF EXPENSES Any reasonable administrative expenses shall be paid by the Plan or by any Trust Fund that may be established hereunder. The Administrator may impose reasonable conditions for payments, provided that such conditions shall not discriminate in favor of Highly Compensated Employees. 12.5 INSURANCE CONTROL CLAUSE In the event of a conflict between the terms of this Plan and the terms of an Insurance Contract of a particular Insurer whose product is then being used in conjunction with this Plan, the terms of the Insurance Contract shall control as to those Participants receiving coverage under such Insurance Contract. For this purpose, the Insurance Contract shall control in defining the persons eligible for insurance, the dates of their eligibility, the conditions which must be satisfied to become insured, if any, the Benefits Participants are entitled to, and the circumstances under which insurance terminates. 12.6 INDEMNIFICATION OF ADMINISTRATOR The Employer agrees to indemnify and to defend to the fullest extent permitted by law any Employee serving as the Administrator or as a member of a committee designated as Administrator (including any Employee or former Employee who previously served as Administrator or as a member of such committee) against all liabilities, damages, costs, and expenses (including attorney's fees and amounts paid in settlement of any claims approved by the Employer) occasioned by any act or omission to act in connection with the Plan, if such act or omission is in good faith. Section 125 Cafeteria Plan Document (1/1/2019) Page 35 of 44 ARTICLE XIII AMENDMENT OR TERMINATION OF PLAN 13.1 AMENDMENT The Employer, at any time or from time to time, may amend any or all of the provisions of the Plan without the consent of any Employee or Participant. No amendment shall have the effect of modifying any Benefit election of any Participant in effect at the time of such amendment, unless such amendment is made to comply with Federal, State, or local laws, statutes, or regulations. 13.2 TERMINATION By signing the Adoption Agreement, the Employer is establishing this Plan with the intent that it will be maintained for an indefinite period of time. Notwithstanding the foregoing, the Employer reserves the right to terminate the Plan, in whole or in part, at any time. In the event the Plan is terminated, no further contributions shall be made and no further additions shall be made to the Insurance Benefit program, Healthcare Flexible Spending Account, or Dependent Care Assistance Account,. Payments from such account(s)/program(s) shall continue to be made according to the elections in effect until the end of the Plan Year in which the Plan termination occurs (and for a reasonable period of time thereafter, if required for the filing of Claims), or until the balances of all accounts have been reduced to zero, whichever occurs first. Any amounts remaining in any such account(s)/ program(s) as of the end of the Plan Year in which Plan termination occurs shall be forfeited and deposited in the benefit plan surplus after the expiration of the Claim filing period. The above notwithstanding, Benefits under any Insurance Contract shall be paid in accordance with the terms of that Contract. ARTICLE XIV HIPAA PRIVACY REQUIREMENTS As of the required Effective Date, the Employer has implemented or amended the Plan to comply with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), as set forth in 45 C.F.R. Parts 160 through 164; 14.1 DEFINITIONS In addition to the specific definitions set forth below, all other capitalized terms used that are not otherwise defined herein have the meanings ascribed in HIPAA: a) "Designated Record Set" has the meaning in 45 CFR Section 164.501. b) "Electronic Media" has the meaning in 45 CFR Section 160.103, which is: 1) Electronic storage media including memory devices in computers (hard drives) and any removable/transportable digital memory medium, such as magnetic tape or disk, optical disk, or digital memory card; or Section 125 Cafeteria Plan Document (1/1/2019) Page 36 of 44 2) Transmission media used to exchange information already in electronic storage media. 3) Transmission media include, for example, the internet (wide-open), extranet (using internet technology to link a business with information accessible only to collaborating parties), leased lines, dial-up lines, private networks, and the physical movement of removable/transportable electronic storage media. Certain transmissions, including of paper, via facsimile, and of voice, via telephone, are not considered to be transmissions via electronic media, because the information being exchanged did not exist in electronic form before the transmission. c) "Electronic Protected Health Care Information" (also known as "ePHI") has the meaning in 45 CFR Section 160.103, and is limited to the information created, maintained, transmitted or received by Business Associate from or on behalf of the Plan. d) "Plan Administration Functions" is defined as activities that would meet the definition of Payment or Healthcare Operations by HIPAA as set forth in 45 C.F.R. Section 164.501, but do not include functions to modify, amend, or terminate the Plan or solicit bids from prospective issuers. Plan administration includes quality assurance, claims processing, auditing, monitoring, and management of carve -out plans (i.e., vision and dental). Plan administration does not include any employment-related functions or functions in connection with any other Benefits or Benefit plans, and the Plan(s) may not disclose information for such purposes absent an authorization from an individual for whom the information pertains. In addition, enrollment functions performed by the Employer are not considered Plan Administration Functions. e) "PHI" is defined as Protected Health Information, as set forth in 45 C.F.R. Section 164.501. It is information that is created or received by a health plan, employer, healthcare provider, or healthcare clearing house and includes information that relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual. In addition, the information either identifies the individual; or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. This information may be maintained or transmitted either electronically or in any other form or medium. f) g) "Secretary" means the Secretary of the Department of Health and Human Services or designee. "Security Incident" has the meaning in 45 CFR Section 164.304, which is: the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. Section 125 Cafeteria Plan Document (1/1/2019) Page 37 of 44 h) "Summary Health Information" is defined by HIPAA as set forth in 45 C.F.R. Section 164.504 as information that may be PHI, and that summarizes the claims history, claims expenses, or type of claims experienced by individuals for whom the Employer has provided health benefits under the Plan; and from which the following information has been deleted, except that the geographic information described in 2) need only be aggregated to the level of a five -digit zip code: 1) Names; 2) All geographic subdivisions smaller than a State, including street address, city, county, precinct, zip code, and their equivalent geocodes, except for the initial three digits of a zip code if, according to the current publicly available data from the Bureau of the Census: (a) The geographic unit formed by combining all zip codes with the same three initial digits contains more than 20,000 people; and (b) The initial three digits of a zip code for all such geographic units containing 20,000 or fewer people is changed to 000. 3) All elements of dates (except year) for dates directly related to an individual, including birth date, admission date, discharge date, date of death; and all ages over 89 and all elements of dates (including year) indicative of such age, except that such ages and elements may be aggregated into a single category of age 90 or older; 4) Telephone numbers; 5) Fax numbers; 6) Electronic mail addresses; 7) Social Security numbers; 8) Medical record numbers; 9) Health plan beneficiary numbers; 10) Account numbers; 11) Certificate/license numbers; 12) Vehicle identifiers and serial numbers, including license plate numbers; 13) Device identifiers and serial numbers; 14) Web Universal Resource Locators (URLs); Section 125 Cafeteria Plan Document (1/1/2019) Page 38 of 44 15) Biometric identifiers, including finger and voice prints; 16) Full face photographic images and any comparable images; and 17) Any other unique identifying number, characteristic, or code. 14.2 DISCLOSURE OF SUMMARY HEALTH INFORMATION The Plan, its Administrator, or any contracted representatives of the Plan, may disclose Summary Health Information to the Employer, if the Employer requests the Summary Health Information for the purpose of: a) Obtaining premium bids from health plans for providing health insurance coverage under the Plan; or b) Modifying, amending, or terminating the Plan. 14.3 DISCLOSURE OF PHI The Plan, its Administrator, or any contracted representatives of the Plan, may release PHI to the Employer, so long as the Employer agrees to do the following: a) The Employer shall not use or further disclose the PHI other than as permitted or required by the Plan's documents or as required by law; b) The Employer shall ensure that any agents, including a subcontractor, to whom it provides PHI shall agree to the same restrictions and conditions that apply to the Employer with respect to such PHI; c) The Employer shall not use or disclose the PHI for employment-related actions and decisions, or in connection with any other Benefit or employee Benefit plan of the Employer; d) The Employer agrees to report to the Plan any use or disclosure of the PHI that is inconsistent with the uses or disclosures providing herein, if and when the Employer becomes aware of such inconsistent use or disclosure; e) The Employer, in accordance with HIPAA as set forth in 45 C.F.R. Section 164.524 and consistent with the Employer Privacy Policy, has authorized the Plan to make PHI available to individuals; f) The Employer, in accordance with HIPAA as set forth in 45 C.F.R. Section 164.524 and consistent with the Employer Privacy Policy, has authorized the Plan to make PHI available to individuals for amendment and to incorporate such amendments of PHI; g) The Employer, in accordance with HIPAA as set forth in 45 C.F.R. Section 164.528 and consistent with the Employer Privacy Policy, has authorized the Section 125 Cafeteria Plan Document (1/1/2019) Page 39 of 44 Plan to make available the information required to provide an accounting of disclosures; h) The Employer, agrees to make its internal practices, books, and records relating to the use and disclosure of PHI received from the Plan available to the Secretary for purposes of determining the Plan's compliance with HIPAA; i) If feasible, the Employer shall return or destroy all PHI that the Employer received from the Plan and which the Employer no longer needs for the purpose for which disclosure was made, except that, if such return or destruction is not feasible, the Employer shall limit further uses and disclosures to those purposes that make the return or destruction of the PHI infeasible; j) The Employer agrees to use appropriate safeguards to prevent unauthorized use or disclosure of PHI, and have reasonable and appropriate safeguards in place to protect the confidentiality, integrity and availability of ePHI; k) The Employer agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a use or disclosure of PHI by Business Associate in violation of the requirements of this Agreement; I) The Employer agrees to report to the Plan, any use or disclosure of PHI of which it becomes aware that is not permitted or required by HIPAA; and m) The Employer agrees to report to the Plan any Security Incident of ePHI of which it becomes aware. 14.4 ADEQUATE SEPARATIONS The Employer shall ensure that the following adequate separations are established: a) The Employer shall designate specific people who shall use and disclose PHI on behalf of the Plan for purposes of Plan Administration Functions. b) Access and use of PHI by the Group shall be limited to Plan Administration Functions that the Employer performs on behalf of the Plan; c) Any issues of noncompliance by the Group shall result in disciplinary measures specified in the Employer Privacy Policy. 14.5 USES AND DISCLOSURES The Plan, its Administrator, or any contracted representatives of the Plan, may: a) Disclose PHI to the Employer in order for the Employer to carry out Plan Administration Functions consistent with the provisions of Subsections a) through i) and Subsection 14.4 above; Section 125 Cafeteria Plan Document (1/1/2019) Page 40 of 44 b) Permit an insurance company, insurance service, insurance organization, or HMO to disclose PHI to the Employer, so long as the disclosure is made to an authorized person, and the disclosure is only for the purpose described in this Section 14.5; c) Not disclose or permit an insurance, insurance service, insurance organization, or HMO to disclose PHI to the Employer unless the Employer's privacy notice contains a provision which permits such disclosure; and d) Not disclose PHI to the Employer for the purpose of employment-related actions or decisions or in connection with any other Benefit or employee Benefit plan of the Employer. ARTICLE XV MISCELLANEOUS 15.1 PLAN INTERPRETATION a) All provisions of this Plan shall be governed and interpreted by the Administrator in its full and complete discretion and shall be otherwise applied in a uniform, nondiscriminatory manner. This Plan shall be read in its entirety and not severed except as provided in Section 15.12. b) In administering the Plan, the Administrator will be entitled to the extent permitted by law to rely conclusively on all tables, valuations, certificates, opinions, and reports which are furnished by, or in accordance with the instructions of the Administrators of the plans for any Insurance Benefits selected as part of Paragraph 8 of the signed Adoption Agreement, or by accountants, counsel, or other experts employed or engaged by the Administrator. 15.2 GENDER AND NUMBER Wherever any words are used herein in the masculine, feminine, or gender neutral, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply. 15.3 WRITTEN DOCUMENT This Plan, in conjunction with any separate written document, which may be required by law, is intended to satisfy the written plan requirement of Code Section 125 and any Regulations thereunder relating to cafeteria plans. Section 125 Cafeteria Plan Document (1/1/2019) Page 41 of 44 15.4 EXCLUSIVE BENEFIT This Plan shall be maintained for the exclusive benefit of the Employees who participate in the Plan. 15.5 PARTICIPANT'S RIGHTS This Plan shall not be deemed to constitute an employment contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect that such discharge shall have upon him/her as a Participant of this Plan. 15.6 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any act or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. 15.7 EMPLOYER'S PROTECTIVE CLAUSES a) Upon the failure of either the Participant or the Employer to obtain the insurance contemplated by this Plan (whether as a result of negligence, gross neglect, or otherwise), the Participant's Benefits shall be limited to the insurance premium, if any, that remained unpaid for the period in question and the actual insurance proceeds, if any, received by the Employer or the Participant as a result of the Participant's Claim. b) The Employer's liability to the Participant shall only extend to and shall be limited to any payment actually received by the Employer from the Insurer. In the event that the full insurance Benefit contemplated is not promptly received by the Employer within a reasonable time after submission of a Claim, then the Employer shall notify the Participant of such facts and the Employer shall no longer have any legal obligation whatsoever (except to execute any document called for by a settlement reached by the Participant). The Participant shall be free to settle, compromise, or refuse to pursue the Claim as the Participant, in his/her sole discretion, shall see fit. c) The Employer shall not be responsible for the validity of any Insurance Contract issued hereunder or for the failure on the part of the Insurer to make payments provided for under any Insurance Contract. Once insurance is applied for or obtained, the Employer shall not be liable for any loss that may result from the failure to pay Premiums to the extent Premium notices are not received by the Employer. Section 125 Cafeteria Plan Document (1/1/2019) Page 42 of 44 15.8 NO GUARANTEE OF TAX CONSEQUENCES Neither the Administrator nor the Employer makes any commitment or guarantee that any amounts paid to or for the benefit of a Participant under the Plan will be excludable from the Participant's gross income for Federal or State income tax purposes, or that any other Federal or State tax treatment will apply to or be available to any Participant. It shall be the obligation of each Participant to determine whether each payment under the Plan is excludable from the Participant's gross income for Federal and State income tax purposes, and to notify the Employer if the Participant has reason to believe that any such payment is not so excludable. Notwithstanding the foregoing, the rights of Participants under this Plan shall be legally enforceable. 15.9 INDEMNIFICATION OF EMPLOYER BY PARTICIPANTS If any Participant receives one or more payments or reimbursements under the Plan that are not for a permitted Benefit, such Participant shall indemnify and reimburse the Employer for any liability it may incur for failure to withhold Federal or State income tax or Social Security tax from such payments or reimbursements. However, such indemnification and reimbursement shall not exceed the amount of additional Federal and State income tax (plus any penalties) that the Participant would have owed if the payments or reimbursements had been made to the Participant as regular cash Compensation, plus the Participant's share of any Social Security tax that would have been paid on such Compensation, less any such additional income and Social Security tax actually paid by the Participant. 15.10 FUNDING Unless otherwise required by law, contributions to the Plan need not be placed in trust or dedicated to a specific Benefit, but shall instead be considered general assets of the Employer. Furthermore, and unless otherwise required by law, nothing herein shall be construed to require the Employer or the Administrator to maintain any fund or segregate any amount for the benefit of any Participant, and no Participant or other person shall have any claim against, right to, or security or other interest in, any fund, account, or asset of the Employer from which any payment under the Plan may be made. 15.11 GOVERNING LAW This Plan is governed by the Code and the Treasury Regulations issued thereunder (as they might be amended from time to time). In no event shall the Employer guarantee the favorable tax treatment sought by this Plan. To the extent not preempted by Federal law, the provisions of this Plan shall be construed, enforced, and administered according to the laws of the State identified as part of the Employer's completed Adoption Agreement. 15.12 SEVERABILITY If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed and enforced as if such provision had not been included herein. Section 125 Cafeteria Plan Document (1/1/2019) Page 43 of 44 15.13 CAPTIONS The captions contained herein are inserted only as a matter of convenience and for reference, and in no way define, limit, enlarge, or describe the scope or intent of the Plan, nor in any way shall affect the Plan or the construction of any provision thereof. 15.14 CONTINUATION OF COVERAGE Notwithstanding anything in the Plan to the contrary, in the event any Benefit under this Plan subject to the continuation coverage requirement of Code Section 4980B becomes unavailable, each Participant will be entitled to continuation coverage as prescribed in Code Section 4980B. 15.15 UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS (USERRA) ACT Notwithstanding any provision of this Plan to the contrary, contributions, Benefits, and service credit with respect to qualified military service shall be provided in accordance with USERRA and the regulations thereunder. 15.16 GENETIC INFORMATION NONDISCRIMINATION ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Genetic Information Nondiscrimination Act. 15.17 MENTAL HEALTH PARITY AND ADDICTION ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Mental Health Parity and Addiction Equity Act and ERISA Section 712. Specifically, as of January 1, 2010, the Plan shall no longer apply a specific annual or lifetime maximum coverage limitation, daily visit limitation or separate per day limit on coverage or services for mental and nervous disorders and/or substance abuse that is different from any other inpatient or outpatient treatment provided for under the Plan, and coverage shall be provided the same as any other medical procedure. 15.18 WOMEN'S HEALTH AND CANCER RIGHTS ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Women's Health and Cancer Rights Act. 15.19 NEWBORNS' AND MOTHERS' HEALTH PROTECTION ACT Notwithstanding anything in the Plan to the contrary, the Plan will comply with the Newborns' and Mothers' Health Protection Act. Section 125 Cafeteria Plan Document (1/1/2019) Page 44 of 44 Item No. 24 Approvals City Attorney Director of Finance City Manager Siff- Jetk CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 8, 2019 SUBJECT: Selection of 2019 City Council Committees PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council consider and appoint members to serve on various City Council Committees for calendar year 2019. BACKGROUND: The City Council annually appoints members of its legislative body to serve as liaisons to City commissions, external organizations, standing committees and ad hoc subcommittees. Each year the City Council Committee Assignments List is reviewed and revised for the upcoming calendar year. The Council Members appointed will serve through December 31, 2019. For appointments to external organizations that include a stipend, Form 806 will be completed and posted pursuant to the regulation requirements of the Fair Political Practices Commission. Proposed revisions to the attached list are reflected in highlight, redline and/or strikeout. Revisions associated with the deletion and/or reformulation of committees is based on the completion of projects and/or changes to the scope of committees for organizational need. It is recommended that the City Council review the proposed changes and provide staff direction as they deem appropriate. FISCAL IMPACT: None ATTACHMENT: City Council Committee Assignments List 2019 CITY COUNCIL COMMITTEE ASSIGNMENTS Commission Liaison (One Member) Current Member Community Services Commission mere Old Town Local Review Board Stewart Planning Commission Naggar Public/Traffic Safety Commission Edwards Standing Committees (Two Members) Current Members Arts and Cultural Affairs Subcommittee Comerchero, Edwards City Sustainability Program Subcommittee Rahn, Stewart E -Government and Temecula Outreach Subcommittee Edwards, Stewart Economic Development Subcommittee Comerchero, Edwards Old Town Steering Subcommittee Naggar, Rahn Finance Subcommittee Edwards, Stewart Infrastructure Beautification Subcommittee Edwards, Stewart Joint City Council/TVUSD Subcommittee Edwards, Stewart Military Subcommittee Comerchero, Stewart Move 1-15 Through Temecula Valley Subcommittee Naggar, Rahn Murrieta/Temecula Subcommittee Edwards, Naggar Parks, Recreation and Community Services Subcommittee Comerchero, Stewart Public Works Subcommittee Edwards, Stewart Southwest Cities Coalition Subcommittee Edwards, Rahn Regional Cancer Treatment Task Force Edwards, Naggar Representative Assignments (External Organizations - Stipend Not Included) Current Member(s) Animal Shelter Liaison/JPA Representative Edwards League of California Cities — Voting Delegate Rahn, (Alternate Edwards) National League of Cities — Voting Delegate Comerchero, (Alternate Edwards) Pechanga Tribal Council Representatives Comerchero, Naggar Rancho California Water District Liaison Stewart, (Alternate Rahn) Riverside County Child Safety Commis ion / Temecula Valley Edwards Unified School District Liaison Southwest Riverside County Energy Authority (SRCEA) JPA Edwards, Stewart Temecula Sister City Liaison Stewart Representative Assignments (External Organizations — May Include Stipend) Current Member(s) RCA Representative Edwards, (Alternate Stewart) Riverside County Habitat Conservation Agency Board Edwards, (Alternate Stewart) Riverside County Transportation Commission Naggar, (Alternate Edwards) Riverside Transit Agency Representative Edwards, (Alternate Rahn) WRCOG Executive Committee and Zone Committee Edwards, (Alternate Stewart) Last Updated ?= a-4 Ad Hoc Committees (Two Members) Current Members Altair Property Ad Hoc Subcommittee Comerchero, Naggar Cannabis Ad Hoc Subcommittee Naggar, Rahn Community Service Funding Ad Hoc Subcommittee Comerchero, Stewart Diaz Property Ad Hoc Subcommittee Comcrchcro, Naggar French Valley Parkway Interchange Ad Hoc Subcommittee Naggar, Rahn General Plan Update Ad Hoc Subcommittee BD Higher Education Ad Hoc Subcommittee Naggar, Rahn Hospital Ad Hoc Subcommittee Naggar, Rahn Human Services Ad Hoc Subcommittee Edwards, Stewart Infill Land Use and Project Review Ad Hoc Subcommittee Naggar, Rahn Luxury Car Dealership Ad Hoc Subcommittee Comerchero, Rahn Murrieta Creek Project Ad Hoc Subcommittee Edwards, Naggar Old Town Civic Center Ad Hoc Subcommittee Comerchero, Naggar Promenade in Temecula Ad Hoc Subcommittee Comcrchcro, Edwards Public Safety Ad Hoc Subcommittee Edwards, Rahn Public Safety Recognition Ad Hoc Subcommittee Edwards, Rahn Roripaugh Ranch Ad Hoc Subcommittee Comcrchcro, Edwards Service Level Assessments Ad Hoc Subcommittee TBD Short Term Vacation Rentals Ad Hoc Subcommittee Rahn, Stewart Strategic Fiscal Planning Ad Hoc Subcommittee Comerchero, Edwards Supportive Housing/Services Ad Hoc Subcommittee Naggar, Rahn Teen Village Ad Hoc Subcommittee GEHMer-GlIef-9, Stewart Temecula Creek Inn Ad Hr =u Comerchero, emrnittee Trails / Open Space Ad Hoc Subcommittee Naggar, Rahn TVE2 (Small Business Incubator) Ad Hoc Subcommittee Rahn, Stewart Uptown Temecula Ad Hoc Subcommittee Comerchero, Edwards Wall of Honor Ad Hoc Subcommittee Cemerehere, Edwards Winchester Hills Ad Hoc Subcommittee Comcrchcro, Naggar Ad Hoc Subcommittees are formed for a specific limited purpose and operate for a limited time until its purposes are fulfilled ("ad hoc") as opposed to "standing committees" that have continuing subject matter jurisdiction. The descriptions of the purposes and duration of the ad hoc subcommittees are as follows: AD HOC SUBCOMMITTEE DESCRIPTIONS: Altair Property Ad Hoc Subcommittee — This subcommittee will provide staff direction on development options for the property located west of Pujol below the western escarpment. Development on this property would include the construction of the Western By -Pass Corridor and has potential for an "in town" residential neighborhood adjacent to Old Town. The term of this subcommittee is through the completion of the development and disposition of the property. Cannabis Ad Hoc Subcommittee — This subcommittee will provide direction and guidance related to the study and implementation of local legislative authority associated with the recent passage of Proposition 64,_implementing related legislation and regulations proposed by the Bureau Last Updated 10/16/18 of Cannabis Control. This subcommittee will report back to the City Council on its recommendations by December 20189. Community Service Funding Ad Hoc Subcommittee — This subcommittee reviews funding applications from various non-profit organizations requesting Community Service funding for the year. This subcommittee will meet in September/October 20189 and will make specific recommendations to the City Council for fiscal year 20198-201-920 Community Service funding. Diaz Property Ad Hoc Subcommittee — This subcommittee is responsible for evaluating and negotiating terms and conditions associated with the disposition and development of the Agency owned property located at the North West Corner of Diaz Road and Dendy Parkway. The term of this subcommittee is through the completion of the development or disposition of the property. French Valley Parkway Interchange Ad Hoc Subcommittee — This subcommittee shall work with representatives from Caltrans, Federal Highways, and elected officials at the city, state, and federal levels. The term of this subcommittee is through the completion of the construction of the interchange project. General Plan Update Ad Hoc Subcommittee — This subcommittee will provide direction and recommendations relating to the General Plan update project, which will kick-off with updating several supporting components including the Quality of Life Master Plan (QLMP), Housing Element, Circulation Element. The term of this subcommittee is through the adoption of a comprehensive General Plan Update. Higher Education Ad Hoc Subcommittee — This subcommittee is responsible for attracting and facilitating the development of a higher education facility and programs in the City of Temecula, including the new higher education complex acquired by MSJC in the City. The subcommittee will report back to the City Council on its recommendations by December 20198 with more frequent updates as may be necessary. Hospital Ad Hoc Subcommittee — This subcommittee will monitor and provide feedback on the implementation of the development plan for the existing Temecula Valley Hospital. It is anticipated that this subcommittee will need to continue through 20196. Human Services Ad Hoc Subcommittee — This subcommittee will evaluate services and programs related to special needs, homelessness, senior citizens and mental health awareness to identify non-profit stakeholders to enhance and coordinate delivery of these services. This subcommittee will also review funding associated with these programs and services for Fiscal Year 2019>- 201--920 and report back on its recommendations to the City Council by December 20193. Infill Land Use and Project Review Ad Hoc Subcommittee — While this subcommittee will not be negotiating individual infill projects, the subcommittee will be working closely with staff to identify and consider potential infill sites in 20 -LA ensuring consistency with the City's General and Growth Management Plans and zoning designations. Luxury Car Dealership Ad Hoc Subcommittee — This subcommittee is responsible for the attraction of luxury car dealerships to our communitythe City. Auto sales represent a large percentage of sales tax revenue to the City and the expansion and attraction of dealerships will preserve a revenue stream to maintain City services. The subcommittee will report back to the City Council on its recommendations by December 20193. Murrieta Creek Project Ad Hoc Subcommittee — This subcommittee will provide direction and recommendations that involve the Army Corps of Engineers Project that improves Murrieta Creek Last Updated 10/16/18 to provide added flood protection. The term of this subcommittee is through the completion of the Murrieta Creek Improvement Project. Old Town Civic Center Ad Hoc Subcommittee — This subcommittee is responsible for evaluating and negotiating terms and conditions associated with the disposition and development of the Agency owned property located adjacent to the Town Square along Main Street in Old Town. The term of this subcommittee is through the completion of the adjacent properties. Promenade in Temecula Ad Hoc Subcommittee - This subcommittee would provide direction and review of any potential development applications associated with the City's regional mall in 20198. This subcommittee will meet on an as -needed basis and will report back to the City Council with appropriate recommendations by December 2019g. Public Safety Ad Hoc Subcommittee — This subcommittee will work with staff to monitor the County's efforts to implement the KPMG law enforcement efficiency review, and evaluate and discuss the City's own public safety operations, efficiencies, and other items related to the joint powers authority conversation. The term of this subcommittee will be through the completion of the County's implementation of the review. Public Safety Recognition Ad Hoc Subcommittee — This subcommittee will provide staff direction on efforts to construct a public safety memorial as referenced in the existing CIP. The term of this subcommittee is through the completion of the construction of the public safety memorial. Roripaugh Ranch Ad Hoc Subcommittee — This subcommittee will monitor and report on the issues affecting the Roripaugh Ranch Community Facility District Bonds, and development issues affecting the Roripaugh Ranch Project. The term of this subcommittee is through the completion of the Roripaugh Ranch Project. Service Level Assessments Ad Hoc Subcommittee — This subcommittee will provide staff direction regarding landscape maintenance zones throughout the City, proposal(s) for new assessments, public outreach and recommendations to the full City Council. The term of this subcommittee will be through the completion of the Proposition 218 process through December 2019. Short Term Vacation Rentals Ad Hoc Subcommittee — This subcommittee will provide staff direction on the development of regulations pertaining to the use and operation of short term vacation rental businesses. The term of this subcommittee is through the completion of the adoption of a related ordinance. Strategic Fiscal Planning Ad Hoc Subcommittee —This subcommittee will provide direction regarding develop fiscal policies and strategies related to new revenue streams r alized in 2017 and a new User Fee Study. The term of this subcommittee is through 2019. , broadly applicable 241-8. Supportive Housing/Services Ad Hoc Subcommittee — This subcommittee will work with staff to identify and implement solutions to provide both housing and supportive services for families and individuals who meet the criteria of Extremely Low, Very Low and Low Income by evaluating affordable housing development opportunities utilizing remaining affordable housing bond proceeds. The subcommittee will review .;rid—make recommendations regarding the selected ;iopments rest iding to the Request for Proposals for Affordable Housing .sued in 2017_ Last Updated 10/16/18 through 20189 The term of this subcommittee is through the expenditure of the available Affordable Housing bond proceeds. and provide a report back to the City Council by December 20198. Teen Village Ad Hoc Subcommittee — This subcommittee will work with staff to explore concepts for a teen village, and provide input based upon the community workshops during the design process. This subcommittee will meet on an as need basis and report back to the City Council with appropriate recommendations in 20198. Temecula Creek Inn (TCI) Ad Hoc Subcommittee This Subcommittee will work with staff and resort property. This term of this subcommittee is through the completion of the Temecula Creek Inn project. Trails and Open Space Ad Hoc Subcommittee — This subcommittee will provide direction and input on the efforts underway to enhance existing trails, complete trail connections, as well as consider additional possible trail ways for multi-purpose uses including equestrian, pedestrian, and cycling. This subcommittee also provides staff direction on potential annexations of areas within the City's Sphere of Influence and potential purchase of permanent open space property similar to property purchased along the escarpment west of the City limit which was purchased by the City and deeded to the RCA. It is anticipated that this subcommittee will need to continue through 20194. TVE2 (Small Business Incubator) Ad Hoc Subcommittee —This subcommittee will evaluate policies and procedures related to incubator use and application selection. This subcommittee will also review applications from developing entrepreneurs for incubator use and selection in 2018 and make related recommendations to the City Council by December 20194. Uptown Temecula Ad Hoc Subcommittee — City Council has given staff direction to analyze the redevelopment of Uptown Temecula, the City's first commercial district. This subcommittee will provide staff with direction as we analyze the potential for an urbanized extension of Old Town including increased commercial and corporate office opportunities as well as mixed use residential development and the initial implementation of the Uptown Temecula Specific Plan and the In -Lieu Road Fee. The term of this subcommittee is through December 2018 for the continued implementation efforts for, and refinement of the Uptown Temecula Specific Plan. In addition, marketing, branding and streetscape standards efforts associated with the Uptown Temecula Specific Plan are currently underway and are anticipated to be completed in 20189. Wall of Honor Ad Hoc Subcommittee — This subcommittee will work with staff to make recommendations regarding community members who have made significant contributions to the City of Temecula in 20198. This subcommittee is needed on an on-going basis to potentially recognize outstanding citizens. Winchester Hills Ad Hoc Subcommittee — This Subcommittee will work with staff and the property owner, to provide direction on potential land use proposals for this approximately 100 acre vacant property at the intersection of Date/Ynez Streets. The site will be bisected by the proposed French Valley Interchange project. The site is currently zoned for Service Commercial land uses. The property owner has indicated a desire to consider mixed-use development on the site which would necessitate an amendment to the Harveston Specific Plan and the Winchester Hills Development Agreement. The term of this subcommittee is through the disposition of the property. Last Updated 10/16/18 DEPARTMENT REPORTS Item No. 25 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: January 8, 2019 SUBJECT: City Council Travel/Conference Report PREPARED BY: Luisa Tovar, Executive Assistant RECOMMENDATION: Receive and file. On December 3-6, 2018, Mayor Matt Rahn traveled to Washington, DC to meet with City lobbyist (Turch & Associates) and Federal Offices. ATTACHMENT: Itinerary TUESDAY, 9:30 am 1 0:OOam 1 1:00 am 1:30 pm David lurch and cAssociates CITY OF TEMECULA SCHEDULE WASHINGTON, D.C. DECEMBER 4-5, 2018 Jamie's Cell: 703-819-1947 DECEMBER 4 Meet Jamie in Union Station for Coffee Briefing Catherine Pomposi, Legislative Assistant Office of Senator Kamala Harris 112 Hart Senate Office Building Washington, DC 20510 202-224-3553 Bradd R. Schwichtenberg, PE Civil Deputy - SPD RIT US Army Corps of Engineers 441 G Street NW Office 3T61 Washington, DC 20314 0002 202-761-1367 Office 202-573-1644 Cell Bradd.r.schwichtenberg@usace.army.mil Alexis Segal Office of Senator Dianne Feinstein 331 Hart Senate Office Building Washington, DC 20510 202-225-3841 3:OOpm Reed Linsk, Legislative Director Office of Representative Duncan Hunter 2429 Rayburn House Office Building Washington, DC 20515 202-225-5672 WEDNESDAY, DECEMBER 5 2:30 pm Representative Ken Calvert and Ritchie O'Connell, Legislative Assistant 2205 Rayburn House Office Building Washington, DC 20515 202-225-1986 REQUESTS TO SPEAK `,c`of.E14, ,, REQUEST TO SPEAK �,►tY,� CITY OF TEMECULA 1989 Date: (\..JI f ✓ 1,� ! 8 D O I �~�") 11 I wish to peak on: rvf,,s. Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/TPFA f Subject: Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.Name: 1- 64 L-L3 I i 1 a $7Y, Phone Number: , Address: �_, CA l>`/ Email address: �') If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. ```�,067E4/FrI' REQUEST TO SPEAK ... CITY OF TEMECULA r' z.. 1989 Date: p 3 ciSI Z0 t'1 I wish to speak on: Public Comment Circle One: ITY CO((UNCIL/CSD/SARDA/THA/TPFA Subject: Pic an+¢.._ [.2.1.�s wkiv2 1I.►Wor n.1 L.- 2_0lc( Agenda Item No. 6 For pc Against Cowcevk Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: s„�� fr\, c3 Phone Number: ' Address: .�r Email address: A.a4v•►in- %.44:k icS e....410na.i 1. co r, If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.