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01092024 CC Agenda
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11]. AGENDA TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JANUARY 9, 2024 - 6:00 PM CALL TO ORDER: Mayor James Stewart INVOCATION: Sylvester Scott of Baha'is of Temecula FLAG SALUTE: Mayor James Stewart ROLL CALL: Alexander, Kalfus, Schwank, Stewart PRESENTATIONS Presentation to Incoming/Outgoing Mayor and Temecula Community Services District President Presentation of Years of Service Pins to Commissioners Gary Oddi (5), Adam Ruiz (5), James Richardson (10), Gary Watts (15) Presentation of Certificate of Remembrance to Family of Lynn Fanene, Former Community Services Officer for the City of Temecula Presentation by Anne Mayer, Executive Director for the Riverside County Transportation Commission, Regarding the Smart Freeways Project BOARD / COMMISSION REPORTS Community Services Commission PUBLIC SAFETY REPORT County of Riverside, Riverside County Sheriffs Department PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Page 1 City Council Agenda January 9, 2024 Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on matters on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images maybe displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. Attachments: Agenda Report 2. Approve Action Minutes of December 12, 2023 Recommendation: That the City Council approve the action minutes of December 12, 2023. Attachments: Action Minutes 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Agenda Report Resolution List of Demands Page 2 City Council Agenda January 9, 2024 4. Adopt Ordinance No. 2023-14 Amending Title 16 and 17 of the Temecula Municipal Code to Implement the Requirements of Senate Bill 9 (Second Reading) 5. 6. 7. Recommendation Attachments: That the City Council adopt an ordinance entitled: ORDINANCE NO.2023-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) Agenda Report Ordinance Receive and File Citvwide Year -End Report Hiahliahtina 2023 Accomplishments Recommendation: That the City Council receive and file the citywide year-end report highlighting 2023 accomplishments. Attachments: Agenda Report 2023 Year -End Report Annual Citv Council Protocol Manual for the 2024 Calendar Year Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY COUNCIL PROTOCOL MANUAL RELATED TO POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL Attachments: Agenda Report pPcnlntinn 2024 City Council Protocol Manual Approve Annual Boards, Committees and Commissions Handbook for the 2024 Calendar Year Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. Page 3 City Council Agenda January 9, 2024 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE BOARDS, COMMITTEES AND COMMISSIONS HANDBOOK Attachments: Agenda Report RPcnlntinn 2024 Boards, Committees and Commissions Handbook Approve Annual Proclamation List for the 2024 Calendar Year Recommendation: That the City Council approve the annual proclamation list for the 2024 calendar year. Attachments: Agenda Report Public Recognitions Policy Draft 2024 Proclamation List 9. Approve Annual Legislative Platform for the 2024 Calendar Year Recommendation: That the City Council approve the annual legislative platform for the 2024 calendar year. Attachments: Agenda Report 2024 Legislative Platform 10. Approve Annual Citywide Records Retention Schedule and Records Destruction for the 2024 Calendar Year Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE ESTABLISHED CITYWIDE RECORDS RETENTION SCHEDULE, THEREBY AMENDING AND RESTATING THE RECORDS RETENTION POLICY, AND APPROVING THE DESTRUCTION OF CERTAIN RECORDS Attachments: Agenda Report Resolution Exhibit A - Records Retention Schedule 11. Approve Resolution Designating Certain City Officials to Execute Applications and Documents for Grant Fundingthrough hrough the Department of Homeland Security, State of California and Riverside County Recommendation: That the City Council adopt this resolution entitled: Page 4 City Council Agenda January 9, 2024 12. 13. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE Attachments: Agenda Report Resolution Approve Consultant Agreement with STC Traffic, Inc. for the Safety Lights and Signal Communications Upgrade - Citywide, PW23-13 Recommendation: That the City Council: 1. Approve a consultant agreement with STC Traffic, Inc., in the amount of $317,730, for the Safety Lights and Signal Communications Upgrade - Citywide, PW23-13; and 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $31,773, which is equal to 10% of the agreement amount. Attachments: Agenda Report Agreement Project Description Approve Consultant Agreement with International Cybernetics Company, LP dba IMS Infrastructure Management Services, for the Pavement Management Program Update, PW23-09 Recommendation: That the City Council: 1. Approve the Agreement for consultant services with International Cybernetics Company, LP dba IMS Infrastructure Management Services, in the amount of $99,980, for the Pavement Management Program Update, PW23-09; and 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $9,998, which is equal to 10% of the agreement amount. Page 5 City Council Agenda January 9, 2024 14. 15. 16. 17. Attachments: Agenda Report Agreement Project CIP Budget Sheet Approve First Amendment to Utility Agreement with Southern California Edison Company for the I-15/French Valley Parkway Improvements - Phase II Project, PW 16-01 Recommendation: That the City Council approve the first amendment to the utility agreement with Southern California Edison Company to amend the total estimated cost to $1,714,000 for relocation of utilities necessary for the I-I5/French Valley Parkway Improvements - Phase H Project, PW 16-01. Attachments: Agenda Report SCE Request for Amendment Amendment CIP Project Sheets Annrove First Amendment to Consultant Agreement with T.Y. Lin International for the I-15/French Valley ParkwaLprovements - Phase II, PW 16-01 Recommendation: That the City Council approve the first amendment to the agreement for consultant services with T.Y. Lin International in an amount not to exceed $150,000, to provide continued construction support during construction of the I-15/French Valley Parkway Improvements - Phase II, PW 16-01. Attachments: Agenda Report Amendment CEP Project Budget Sheet Annrove Third Amendment to Consultant Agreement with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II - Margarita Under -Crossing, PW 19-04 Recommendation: That the City Council approve the third amendment to the agreement for consultant services with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II - Margarita Under -Crossing, PW 19-04, increasing the agreement amount by $156,809.57. Attachments: Agenda Report Amendment Project Description Project Location Approve Increase to the Construction Contingency Authorization for the Citywide Concrete Repairs, PW23-17 Recommendation: That the City Council: 1. Approve an increase to the construction contingency for the Citywide Page 6 City Council Agenda January 9, 2024 Concrete Repair Project, PW23-17 by $100,000; and 2. Increase the City Manager's construction contract change orders approval authority by $100,000. Attachments: Agenda Report 18. Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the I-15/SR-79S Interchange Enhanced Landscaping Project, PW 17-19 Recommendation: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the I-15/SR-79S Interchange Enhanced Landscaping Project, PW 17-19. Attachments: Agenda Report Project Description Enhanced Landscaping Exhibit RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE TEMECULA PUBLIC FINANCING AUTHORITY Page 7 City Council Agenda January 9, 2024 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President Zak Schwank ROLL CALL: Alexander, Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. CSD CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 19. Approve Action Minutes of December 12, 2023 Recommendation: That the Board of Directors approve the action minutes of December 12, 2023. Attachments: Action Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, January 23, 2024, at 5:00 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 8 City Council Agenda January 9, 2024 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chair James Stewart ROLL CALL: Alexander, Kalfus, Schwank, Stewart SARDA PUBLIC COMMENTS - NON -AGENDA ITEMS A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. SARDA CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Successor Agency to the Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 20. Approve Action Minutes of December 12, 2023 Recommendation: That the Board of Directors approve the action minutes of December 12, 2023. Attachments: Action Minutes SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, January 23, 2024, at 5:00 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 9 City Council Agenda January 9, 2024 TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY CALL TO ORDER: Chair James Stewart ROLL CALL: Alexander, Kalfus, Schwank, Stewart TPFA PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. TPFA CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 21. Approve Action Minutes of December 12, 2023 Recommendation: That the Board of Directors approve the action minutes of December 12, 2023. Attachments: Joint Action Minutes TPFA EXECUTIVE DIRECTOR REPORT TPFA BOARD OF DIRECTOR REPORTS TPFA ADJOURNMENT The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, January Page 10 City Council Agenda January 9, 2024 23, 2024, at 5:00 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 11 City Council Agenda January 9, 2024 RECONVENE TEMECULA CITY COUNCIL BUSINESS Any member of the public may address the City Council on items that appear on the Business portion of the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to CouncilComments@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 22. 23. Consider Appointment of Person or Election to Fill Vacancy in Council District 1 Pursuant to Government Code Section 36512 Recommendation: That the City Council consider the vacancy in District 1 resulting from the resignation of Curtis Brown and take one of the following actions to address the vacancy pursuant to Government Code Section 36512: 1. Appoint a person to serve as the Council Member for District 1 through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. 2. Direct staff to initiate an application process, after which Council will appoint a person to serve as the Council Member for District 1 through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. 3. Take no action to appoint a person to serve as the Council Member for District 1, operate as a four -person City Council through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. Attachments: Agenda Report Consider Appointments to City Council Committees for Calendar Year 2024 Recommendation: That the City Council appoint members to serve on committees for calendar year 2024 and approve related City Council Committee Appointments List. Attachments: Agenda Report Draft 2024 Council Committee List DEPARTMENTAL REPORTS (RECEIVE AND FILE) 24. Police Department Monthly Report Page 12 City Council Agenda January 9, 2024 Attachments: Agenda Report ITEMS FOR FUTURE CITY COUNCIL AGENDAS Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, January 23, 2024, at 5:00 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 13 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 12, 2023 - 6:00 PM COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CLOSED SESSION - 5:00 PM CITY MANAGER ANNUAL PERFORMANCE EVALUATION. The City Council convened in closed session pursuant to Government Code Sections 54957 and 54957.6 to evaluate the performance of the City Manager and establish goals and performance objectives for the next year as required by the City Manager's Employment Agreement. CALL TO ORDER at 6:00 PM: Mayor Zak Schwank INVOCATION: Buck Longmore, Retired Firefighter FLAG SALUTE: Mayor Zak Schwank ROLL CALL: Alexander, Brown (virtual), Kalfus, Schwank, Stewart PRESENTATIONS Certificate of Recognition for Captain Matt Hayes Upon Retirement BOARD / COMMISSION REPORTS Community Services Commission and Traffic Safety Commission PUBLIC SAFETY REPORT County of Riverside, Fire Department (CAL FIRE) PUBLIC COMMENTS - NON -AGENDA ITEMS The following individual(s) addressed the City Council: Laurel Lamont PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the City Council: • Rick Reiss (Item # 16 and # 17) Jared Slusser (Item #16) • Melissa Bourbonnais • Lori Trask (Item #17) • John Leonard (Item # 17) • William Weston (Item #17) • Rebecca (Item # 17) • Bob Kowell (Item # 17) • Yvette Anthony (Item # 17) • Stephanie Dawson (Item # 17) All electronic comments received were made a part of the record of the meeting. CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Kalfus. The vote reflected unanimous approval. 1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda. 2. Approve Action Minutes of November 28, 2023 Recommendation: That the City Council approve the action minutes of November 28, 2023. 3. Approve List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Approve Financial Statements for the 4th Quarter Ended June 30, 2023 Recommendation: That the City Council: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2023; and 2. Approve the following Fiscal Year 2022-23 Budget Adjustments: a. Increase the Operating Transfers In revenue account (001.199.000.4090) by $5,324 to reflect a higher transfer than anticipated from the Supplemental Law Enforcement Grant Fund ($5,264) and from the Gas Tax Fund ($60). b. Increase the Operating Transfer Out operating account (100.164.999.5901) by $60 to reflect a higher transfer than anticipated to the General Fund. 2 c. Increase the Operating Transfer Out operating account (160.199.999.5901) by $5,264 to reflect a higher transfer than anticipated to the General Fund. d. Increase the Workers' Compensation Claims operating account (305.199.999.5206) by $65,300 to reflect higher than anticipated claims expense. e. Increase the Support Services Replacement Fund Depreciation account (335.199.999.5360) by $34,000 to cover the costs of depreciating assets within this Fund; and 3. Appropriate the following Fiscal Year 2023-24 Expenditures: a. Appropriate $2,000,000 of the year-end General Fund surplus to the Pension Trust (PARS), in accordance with Budget Policy XII in Fiscal Year 2022-23. b. Remit a $2 million Additional Discretionary Payment (ADP) towards the Ca1PERS Pension Unfunded Liability from surplus General Fund Balance. c. Transfer $1,230,474 in surplus General Fund Balance into the CERBT Other Post -Employment Benefits Trust to pay down the unfunded liability. 5. Adopt Ordinance No. 2023-13 Amending Title 5 and 17 of the Temecula Municipal Code Making Various Technical Revisions (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMITS, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE -CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (13)(3) 6. Award Construction Contract to Beador Construction Company, Inc. for the I-15 Congestion Relief Project, PW 19-02 Recommendation: That the City Council: 7. 8. 1. Award a construction contract to Beador Construction Company, Inc., in the amount of $4,364,300, for the I-15 Congestion Relief Project, PW 19-02; and 2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, $436,430; and 3. Make a finding that the I-15 Congestion Relief project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. Approve Withdrawal of Bid by Leonida Builders, Inc., Reject All Other Bids, and Authorize Project to be Rebid for Santa Gertrudis Creek Phase II - Margarita Under -Crossing. PW19-04 Recommendation: That the City Council: 1. Approve the Withdrawal of Bid by Leonida Builders, Inc. for the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04; and 2. Reject all construction bids received for the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04; and 3. Authorize the Department of Public Works to re -advertise the Santa Gertrudis Creek Phase II - Margarita Under -Crossing, PW 19-04 for construction bids. Approve Increase to Construction Contingency Authorization for the Community Recreation Center Renovations - Phase 1. PW 19-07 Recommendation: That the City Council: 1. Approve an increase to the contingency for construction of the Community Recreation Center Renovations - Phase 1, PW19-07 by $70,000; and 2. Increase the City Manager Authority to approve construction contract change orders by $70,000. 9. Accept Improvements and File the Notice of Completion for Traffic Signal - Promenade Mall Ring Road, PW21-15 Recommendation: That the City Council: 1. Accept the Improvements for Traffic Signal - Promenade Mall Ring Road, PW21-15, as complete; and 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond; and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; and 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion if no liens have been filed. 10. Approve Cost Participation Agreement Between the City of Temecula and Wingsweep Corporation and Woodside 05S for Public Improvements Related to the Sommers Bend Project Recommendation: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 2023-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A COST PARTICIPATION AGREEMENT BETWEEN CITY OF TEMECULA AND WINGSWEEP CORPORATION AND WOODSIDE 05S, LP FOR PUBLIC IMPROVEMENTS RELATED TO THE SOMMERS BEND PROJECT 2. Authorize the City Manager to sign the Cost Participation Agreement between the City of Temecula and Wingsweep Corporation and Woodside 05S, LP on behalf of the City of Temecula. RECESS: At 6:52 PM, the City Council recessed and convened as the Temecula Community Services District Meeting, Successor Agency to the Temecula Redevelopment Agency Meeting, and Joint Temecula Public Financing Authority and City Council Meeting. At 6:58 PM the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 16. Introduce Ordinance Amending Title 16 and 17 of the Temecula Municipal Code to Implement the Requirements of Senate Bill 9 Recommendation: That the City Council introduce and read by title only an ordinance entitled: ORDINANCE NO. 2023-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF 5 SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Kalfus. The vote reflected unanimous approval. BUSINESS 17. Approve Five -Year Agreement for License Plate Recognition with Flock Group, Inc. Recommendation: That the City Council: 1. Approve 80 cameras citywide, annual hardware, and software subscription for five (5) years for a locked in rate of $200,000 per year, for a total of $1,000,000; and 2. Authorize the City Manager to approve contract change orders up to 10% of the total contract, in an amount not to exceed $100,000; and 3. Appropriate $35,000 to supplement the Fiscal Year 2023-24 Police Department Software and Maintenance budget to accommodate the purchase of the additional cameras. Approved the Staff Recommendation (4-1): Motion by Stewart, Second by Schwank. The vote reflected unanimous approval with Alexander opposing. 18. Adopt Resolution Reconstituting the Old Town Local Review Board by Establishing the Old Town Local Advisory Committee Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 2023-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE OLD TOWN LOCAL REVIEW BOARD BY ESTABLISHING THE OLD TOWN LOCAL ADVISORY COMMITTEE Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Brown. The vote reflected unanimous approval. JOINT MEETING - CITY COUNCIL AND COMMUNITY SERVICES DISTRICT 19. Appoint the Mayor, Mayor Pro Tempore, President and Vice President for Calendar Year 2024 Recommendation: That the City Council/Board of Directors: 6 1. Appoint the Mayor and Mayor Pro Tempore, effective January 1, 2024, to serve in this capacity until December 31, 2024; and 2. Appoint the President and Vice President, effective January 1, 2024 to serve in this capacity until December 31, 2024. Motion to appoint James Stewart as Mayor and Brenden Kalfus as Mayor Pro Tempore (5-0): Motion by Schwank, Second by Brown. The vote reflected unanimous approval. Motion to appoint Zak Schwank as TCSD President and Jessica Alexander as TCSD Vice President (5-0): Motion by Stewart, Second by Schwank. The vote reflected unanimous approval. ITEMS FOR FUTURE CITY COUNCIL AGENDAS CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions from closed session. ADJOURNMENT At 8:49 PM, the City Council meeting was formally adjourned to Tuesday, January 9, 2024, at 5:00 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: January 9, 2024 SUBJECT: Approve List of Demands PREPARED BY: Tricia Hawk, Finance Manager RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO.2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $14,433,750.95. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of January, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 11/27/2023 - 12/22/2023 TOTAL CHECK RUN: 12/7/2023 TOTAL PAYROLL RUN: 12/21/2023 TOTAL PAYROLL RUN: 12,863,253.80 820,079.07 750,418.08 TOTAL LIST OF DEMANDS FOR 1/9/2024 COUNCIL MEETING: $ 14,433,750.95 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 601105 12/21/2023 2238 79 FIELD HOCKEY INC 3110.203 TCSD INSTRUCTOR EARNINGS $900.90 301060 12/14/2023 3450 A & C RESTAURANTS GROUP LLC 11/28/23 RFRSHMNTS: CERT CLASS: FIRE $1,415.05 301135 12/20/2023 2435 A LAU LANGUAGE LLC 2038 INTERPRETING SVCS: CITY CLERK $670.00 301135 12/20/2023 2435 A LAU LANGUAGE LLC 2037 INTERPRETING SVCS: CITY CLERK $602.50 301061 12/14/2023 1783 ADVANTAGE MAILING LLC 195433 CONTRACT CLASSES-TCSD ACTIVITY GUIDE $36,541.93 301136 12/20/2023 1206 AFLAC PREMIUM HOLDING C 0 BNB BANK LOCKBOX Ben349872 AFLAC ACCIDENT INDEMNITY PAYMENT $3,043.87 601031 12/12/2023 1943 AIR EXCHANGE INC 91610917 PLYMOVENT SVCS: FIRE STATIONS $3,748.84 300971 11/30/2023 1236 ALL AMERICAN ASPHALT 1166121 ASPHALT SUPPLIES, PW STREET MAINTENANCE $616.90 301062 12/14/2023 1236 ALL AMERICAN ASPHALT 1167247 ASPHALT SUPPLIES, PW STREET MAINTENANCE $479.54 300971 11/30/2023 1236 ALL AMERICAN ASPHALT 1165677 ASPHALT SUPPLIES: STREET MAINT: PW $471.45 300971 11/30/2023 1236 ALL AMERICAN ASPHALT 1165541 ASPHALT SUPPLIES: STREET MAINTENANCE: PW $376.51 301062 12/14/2023 1236 ALL AMERICAN ASPHALT 1166387 ASPHALT SUPPLIES, PW STREET MAINTENANCE $274.53 301062 12/14/2023 1236 ALL AMERICAN ASPHALT 1166898 ASPHALT SUPPLIES: STREET MAINTENANCE: PW $254.30 601106 12/21/2023 1512 ALLEGRO MUSICAL VENTURES INC 27189 PIANO SVCS:THEATER:TCSD $480.00 600981 12/07/2023 1512 ALLEGRO MUSICAL VENTURES INC 27129 PIANO TUNINGS: LIBRARY $280.00 601032 12/12/2023 1609 ALLIED TRAFFIC AND EQUIPMENT RENTALS INC 91472 LIGHT TOWER RENTALS $460.00 301063 12/14/2023 3180 ALTA PLANNING AND DESIGN INC 304.0002023.108 - 5 BIKE AND TRAIL WAYFINDING(LR23-0167) $6,627.50 600921 11/30/2023 3223 AM SIGNAL LLC M28143 TRAFFIC SIGNAL EQUIP ENHANCE FROG - CITYWIDE: PW $447.30 601033 12/12/2023 1418 AMAZON.COM, INC 1T6T-PFYM-DJ1W MISC SUPPLIES: PD $3,036.26 601033 12/12/2023 1418 AMAZON.COM, INC 1JNF-6XPH-14JY MISC SUPPLIES: TVM $1,255.07 601033 12/12/2023 1418 AMAZON.COM, INC 11QL-JMYW-7XLD MISC SUPPLIES: LIBRARY $909.80 601107 12/21/2023 1418 AMAZON.COM, INC 1H3P-11QW-KC6V MISC BOOKS: RHRTPL: TCSD $744.88 601033 12/12/2023 1418 AMAZON.COM, INC 1H3P-11QW-KG6V BOOKS: LIBRARY $744.88 600982 12/07/2023 1418 AMAZON.COM, INC 1XXL-T43F-llP7 OFFICE SUPPLIES: FIRE $558.72 600922 11/30/2023 1418 AMAZON.COM, INC lYM1-YMHP-QWMC MISC SUPPLIES: AQUATICS $558.28 601033 12/12/2023 1418 AMAZON.COM, INC 1361-N776-D9TX MISC SUPPLIES: CRC: TCSD $557.08 600982 12/07/2023 1418 AMAZON.COM, INC 16HJ-TQVV-FVJD SUPPLIES/EQUIPMENT: POLICE $384.59 601107 12/21/2023 1418 AMAZON.COM, INC 19DT-JPMR-YP37 MISC SUPPLIES: CITY CLERK $370.14 600982 12/07/2023 1418 AMAZON.COM, INC 11HH-QVNP-MWTT SMALL TOOLS & EQUIPMENT: FIRE $303.41 600982 12/07/2023 1418 AMAZON.COM, INC 1MVM-MJD6-KNGF MISC SUPPLIES: THEATER $264.26 600982 12/07/2023 1418 AMAZON.COM, INC 1QRG-L9Y6-CHVF SMALL TOOLS & EQUIPMENT: FIRE $261.00 601033 12/12/2023 1418 AMAZON.COM, INC 1FGP-HPGV-43RH ENGINE WASHING AND DETAIL SUPPLIES: FIRE STATIONS $238.16 600982 12/07/2023 1418 AMAZON.COM, INC 14RH-6RT6-C17G ENGINE WASHING AND DETAIL SUPPLIES: FIRE STATIONS $235.08 601033 12/12/2023 1418 AMAZON.COM, INC 19D1-R1DH-CVL9 MISC SUPPLIES: TVM: TCSD $230.28 600982 12/07/2023 1418 AMAZON.COM, INC 1HT1-XPK1-7KHQ SMALL TOOLS & EQUIPMENT: FIRE $228.40 601033 12/12/2023 1418 AMAZON.COM, INC lYFF-JL49-9T3X OFFICE SUPPLIES: FIRE $217.48 601034 12/12/2023 1418 AMAZON.COM, INC 1GKP-TF4N-PTFF MISC SUPPLIES: ECON DEV $199.74 600982 12/07/2023 1418 AMAZON.COM, INC 1K7G-RTPP-K7M1 MISC SUPPLIES: TVM $170.80 600922 11/30/2023 1418 AMAZON.COM, INC 1N46-THWD-N7RY MISC SUPPLIES: SPECIAL EVENTS $160.11 601034 12/12/2023 1418 AMAZON.COM, INC 1NVN-GIG7-GNDH MISC SUPPLIES: HR $155.63 601034 12/12/2023 1418 AMAZON.COM, INC 1HV9-J6XT-J9LQ MISC SUPPLIES: CRC: TCSD $148.70 601034 12/12/2023 1418 AMAZON.COM, INC 1VKQ-K6DC-WWWY MISC SUPPLIES: ECO DEV $146.40 600982 12/07/2023 1418 AMAZON.COM, INC 16HL-RDQY-9YDD REFRESHMENT SUPPLIES: CITY HALL & FOC: PW $144.49 600922 11/30/2023 1418 AMAZON.COM, INC 196V-J3G9-7WP9 MISC SUPPLIES: CRC $128.98 600982 12/07/2023 1418 AMAZON.COM, INC 1MLR-QRGM-JJHT MISC SUPPLIES: TVM $120.38 600983 12/07/2023 1418 AMAZON.COM, INC 1NFX-RTK7-HF9P MISC SUPPLIES: FINANCE $111.93 600983 12/07/2023 1418 AMAZON.COM, INC 167K-YGGM-1FFG MISC SUPPLIES/EQUIPMENT: PW $102.99 601034 12/12/2023 1418 AMAZON.COM, INC 1VQT-CKDR-DQDQ MISC SUPPLIES: INFO TECH $98.15 601034 12/12/2023 1418 AMAZON.COM, INC 1WWM-Y6VK-MC11 MISC SUPPLIES: MRC & MPSC $76.10 601107 12/21/2023 1418 AMAZON.COM, INC 1V4M-lTCP-4YFP SUPPLIES, TOOLS, EQUP: HR $70.24 600922 11/30/2023 1418 AMAZON.COM, INC 1XQK-FPCX-4PGT MISC SUPPLIES: CRC $65.32 601107 12/21/2023 1418 AMAZON.COM, INC 1T3K-6RRX-4WCN MISC SUPPLIES: SPEC EVENTS: TCSD $63.03 601107 12/21/2023 1418 AMAZON.COM, INC 1T9P-KMQG-MRNH MISC SUPPLIES: LIBRARY $61.94 600983 12/07/2023 1418 AMAZON.COM, INC 1HYH-19HY-MGKM OFFICE SUPPLIES: FIRE $55.88 601034 12/12/2023 1418 AMAZON.COM, INC 1LH6-KNP3-D4G1 SMALL TOOLS & EQUIPMENT: FIRE $55.38 600983 12/07/2023 1418 AMAZON.COM, INC 1KRK-F441-DQRC MISC SUPPLIES: TVM $52.04 600922 11/30/2023 1418 AMAZON.COM, INC 17TH-PIXC-XYDW MISC SUPPLIES: CITY CLERK $49.97 601107 12/21/2023 1418 AMAZON.COM, INC 11YN-JJ4Q-CMQ7 MISC SUPPLIES: CITY CLERK $47.14 600983 12/07/2023 1418 AMAZON.COM, INC 1JVG-WCWF-CV7N MISC SUPPLIES: TVM $42.40 601107 12/21/2023 1418 AMAZON.COM, INC 1FV7-KHXP-9FPP MISC SUPPLIES: CITY CLERK $32.60 601034 12/12/2023 1418 AMAZON.COM, INC 1JCX-3JJ7-C93Q MISC SUPPLIES: TCSD: HOMELESS OUTREACH $29.35 601034 12/12/2023 1418 AMAZON.COM, INC 13GF-V9RC-DQ9J OFFICE SUPPLIES: FIRE $27.68 600983 12/07/2023 1418 AMAZON.COM, INC 13GF-V9RC-C9DW SUPPLIES, TOOLS, EQUIPMENT: HR $27.13 601107 12/21/2023 1418 AMAZON.COM, INC 1NCG-7TMH-1L19 MISC SUPPLIES: TVM $25.99 601034 12/12/2023 1418 AMAZON.COM, INC 17XF-H9HT-9GTL MISC OFC SUPPLIES: LAND DEV: PW $23.20 601107 12/21/2023 1418 AMAZON.COM, INC 1PFW-C7CP-PDQV MISC SUPPLIES: ECON DEV $22.83 600983 12/07/2023 1418 AMAZON.COM, INC 1HHH-7XNQ-1Q9Y MISC OFC SUPPLIES: BLDG & SAFETY $21.74 600983 12/07/2023 1418 AMAZON.COM, INC 1WCY-4FXK-TKR6 MISC SUPPLIES: TVM $17.93 600983 12/07/2023 1418 AMAZON.COM, INC 1NCC-7GC6-PYCJ SMALL TOOLS & EQUIPMENT: FIRE $15.81 601108 12/21/2023 1418 AMAZON.COM, INC 1H3P-11QW-934W OFFICE SUPPLIES: FIRE $13.58 600922 11/30/2023 1418 AMAZON.COM, INC 1QQ7-PGNK-1KPC MISC OFC SUPPLIES: TCSD $11.41 600922 11/30/2023 1418 AMAZON.COM, INC 1WCY-4FXK-FCKV MISC SUPPLIES: AQUATICS $7.38 600983 12/07/2023 1418 AMAZON.COM, INC 11HH-QVNP-9VGK SMALL TOOLS & EQUIPMENT: FIRE $5.85 601107 12/21/2023 1418 AMAZON.COM, INC lYFF-JL49-93G1 MISC SUPPLIES: CITY CLERK ($31.53) 601033 12/12/2023 1418 AMAZON.COM, INC 1P3K-TK3R-QFMT SMALL TOOLS & EQUIPMENT: FIRE ($228.40) 601033 12/12/2023 1418 AMAZON.COM, INC 19DT-JPMR-CGGC SMALL TOOLS & EQUIPMENT: FIRE ($365.35) 601035 12/12/2023 1277 AMERICAN BATTERY CORPORATION T 099730 BATTERIES: PW FACILITY MAINT $129.66 600923 11/30/2023 1261 AMERICAN FORENSIC NURSES 78309 DRUG ALCOHOL ANALYSIS: POLICE $2,411.90 601109 12/21/2023 1261 AMERICAN FORENSIC NURSES 78371 JAN STAND BY FEE: POLICE $1,485.90 600923 11/30/2023 1261 AMERICAN FORENSIC NURSES 78310 DRUG ALCOHOL ANALYSIS: POLICE $583.74 601036 12/12/2023 1080 AMERICAN RED CROSS 22645056 STAFF CERTIFICATIONS: AQUATICS: TCSD $437.00 601110 12/21/2023 1080 AMERICAN RED CROSS 22643211 STAFF/LIFEGUARDS CERTS: AQUATICS $205.00 601037 12/12/2023 1000 APPLEONE INC S9692261 TEMPORARY STAFFING SVCS: FINANCE $4,685.12 300972 11/30/2023 1000 APPLEONE INC S9661039 TEMPORARY STAFFING: COMM DEV $3,783.78 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075377 DRINKING WATER SYSTEM MAINT: MARGARITA $258.28 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075394 DRINKING WTR SYS MAINT: CIVIC CTR $213.97 Check a Check Date Vendor p Vendor Invoice p Description Invoice Net 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075336 DRINKING WATER SYSTEM MAINT: CRC AQUATICS $69.60 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075392 DEC DRINKING WTR SYS MAINT: MALL PD $62.53 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075376 DEC DRINKING WTR SYS MAINT: AULD: POLICE $62.53 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075391 DRINKING WATER SYSTEM MAINT: MPSC $35.89 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075385 DRINKING WATER SYSTEM MAINT: LAND DEV/TRAFFIC/CIP $29.36 600984 12/07/2023 1805 AQUA CHILL OF SAN DIEGO 20074973 DRINKING WTR SYS MAINT: LAND DEV/TRAFFIC/CIP $29.36 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075396 DRINKING WTR SYS MAINT: JRC $28.55 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075390 DRINKING WATER SYSTEM MAINT: TVM $28.55 601112 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075393 DRINKING WATER SYSTEM MAINT: FOC $28.55 601112 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075388 DRINKING WATER SYSTEM MAINT: THEATER $28.55 601112 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075387 DRINKING WATER SYSTEM MAINT: LIBRARY $28.55 601111 12/21/2023 1805 AQUA CHILL OF SAN DIEGO 20075331 DRINKING WATER SYSTEM MAINT: TCC $28.55 600984 12/07/2023 1805 AQUA CHILL OF SAN DIEGO 20074977 DRINKING WATER SRVCS: INFO TECH $28.55 301064 12/14/2023 2777 ARAMARK SERVICES INC 106019938 BEVERAGE SERVICES, FACILITIES $355.03 301064 12/14/2023 2777 ARAMARK SERVICES INC 106019939 BEVERAGE SERVICES, FACILITIES $236.53 301064 12/14/2023 2777 ARAMARK SERVICES INC 7726984 BEVERAGE SERVICES, FACILITIES $111.00 600924 11/30/2023 2917 ARJONA GLORIA PERF: 11/17/23 BRAZILIAN & LATIN JAZZ 11/17/23 $1,089.05 300973 11/30/2023 2442 ASCENT ENVIRONMENTAL INC 20210169.02 - 18 PA22-0105 TEMECULA VALLEY HOSP $325.00 600985 12/07/2023 1107 ASSISTANCE LEAGUE OF TEMECULA VALLEY 11/21/23 CDBG-OPERATION SCHOOL BELL PROG $7,236.00 600986 12/07/2023 3168 ASTER CONSTRUCTION SERVICES INC 5 Revised CONST CONTRACT SVCS: MPSC OUTDOOR REC AREA $197,015.00 301065 12/14/2023 2242 AT&T 487945 LOCATION/ACTIVATION FEES: POLICE $1,000.00 301065 12/14/2023 2242 AT&T 487277 LOCATION/ACTIVATION FEES: POLICE $250.00 600925 11/30/2023 2381 AYERS WILLIAM BRIAN 2928 ELECTRICAL WORK AT VARIOUS CITY FACILITIES: PW $4,200.00 601113 12/21/2023 2381 AYERS WILLIAM BRIAN 2927 ELECTRICAL WORK: BIRDSALL PARK: PW $400.00 601038 12/12/2023 2073 AZTEC LANDSCAPING INC J1656 NOV RESTROOM MAINT: PARKS: PW $9,580.39 601115 12/21/2023 1980 B G P RECREATION INC 4030-4040.2012nd TCSD INSTRUCTOR EARNINGS $3,605.80 601115 12/21/2023 1980 B G P RECREATION INC 4005.204 2nd half TCSD INSTRUCTOR EARNINGS $3,307.50 600926 11/30/2023 1980 B G P RECREATION INC 4045.101 TCSD INSTRUCTOR EARNINGS $354.90 301066 12/14/2023 1669 BAKER AND TAYLOR INC 2037916610 BOOK COLLECTIONS: RHRTPL TCSD $1,671.11 301066 12/14/2023 1669 BAKER AND TAYLOR INC 2037881090 BOOK COLLECTIONS: RHRTPL TCSD $555.40 301066 12/14/2023 1669 BAKER AND TAYLOR INC 2037903380 BOOK COLLECTIONS: RHRTPL TCSD $398.91 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037835231 BOOK COLLECTIONS: RHRTPL TCSD $238.17 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037908461 BOOK COLLECTIONS: RHRTPL TCSD $222.37 301066 12/14/2023 1669 BAKER AND TAYLOR INC 2037916609 BOOK COLLECTIONS: RHRTPL TCSD $191.65 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037934439 BOOK COLLECTIONS: RHRTPLTCSD $126.66 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037908459 BOOK COLLECTIONS: RHRTPLTCSD $122.49 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037913145 BOOK COLLECTIONS: RHRTPLTCSD $91.29 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037934440 BOOK COLLECTIONS: RHRTPLTCSD $22.26 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037908460 BOOK COLLECTIONS: RHRTPL TCSD $13.97 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037934437 BOOK COLLECTIONS: RHRTPL TCSD $12.54 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037908458 BOOK COLLECTIONS: RHRTPLTCSD $11.42 300974 11/30/2023 1669 BAKER AND TAYLOR INC 2037934438 BOOK COLLECTIONS: RHRTPLTCSD $10.27 300975 11/30/2023 1909 BAMM PROMOTIONAL PRODUCTS INC 12591 UNIFORMS: ITSS $2,077.67 301067 12/14/2023 1909 BAMM PROMOTIONAL PRODUCTS INC 12612 HOMELESS OUTREACH DIVISION REC SUPPLIES $804.38 601039 12/12/2023 3122 BEARD RYAN 2225.204 TCSD INSTRUCTOR EARNINGS $532.00 601030 12/12/2023 1411 BECKJEANNE M 2023578 PRINTING & MAILING SVCS: BUS LIC RENEWALS $2,957.86 601114 12/21/2023 2524 BEHAVIORAL ANALYSIS TRAINING INC iv03486 STAFFTRAINING: TEM SHERIFF $575.00 601114 12/21/2023 2524 BEHAVIORAL ANALYSIS TRAINING INC iv03483 STAFFTRAINING: TEM SHERIFF $575.00 301068 12/14/2023 1917 BEISTLE COMPANY THE 116398 SPECIAL EVENT SUPPLIES: FIRE PREVENTION & STATIONS $1,767.20 301069 12/14/2023 2150 BELTZJON 163 MISC VIDEOGRAPHY SERVICES: CITY MANAGER $2,500.00 300976 11/30/2023 2935 BETTS KENNETH 1900.206-1910.206 TCSD INSTRUCTOR EARNINGS $2,254.00 301138 12/20/2023 2935 BETTS KENNETH 1900.205-1905.205 TCSD INSTRUCTOR EARNINGS $1,561.70 301070 12/14/2023 1264 BID TOX LABORATORIES 45140 PHLEBOTOMY SERVICES: PD $3,625.84 301070 12/14/2023 1264 BIO TOX LABORATORIES 45139 PHLEBOTOMY SERVICES: PD $2,472.14 301070 12/14/2023 1264 BIO TOX LABORATORIES 45201 PHLEBOTOMY SERVICES: PD $240.00 601040 12/12/2023 1101 BLUETRITON BRANDS INC 031-6702622575 WATER DELIVERY SERVICES ATTHE TVE2 $21.74 600987 12/07/2023 1101 BLUETRITON BRANDS INC 03K0035623057 WATER DELIVERY SVCS: PW $21.74 600987 12/07/2023 1101 BLUETRITON BRANDS INC 03K6705212167 WATER DELIVERY SVCS: PW $11.95 601040 12/12/2023 1101 BLUETRITON BRANDS INC 03K0036263176 HELP CENTER WATER SERVICE $2.60 301041 12/07/2023 1631 BONCOR WATER SYSTEMS LLC 78958911/08/23 WATER FILTER REPLACEMENT: STATION 73 $330.00 301071 12/14/2023 1181 BOYS & GIRLS CLUB CSF Ck Req 12/01/23 COMMUNITY SERVICE FUNDING REINVEST IN TEMECULA $13,488.10 600927 11/30/2023 1579 BOZONELOS BOB Art Nights 11/3/23 MUSIC PERFORMANCE: ART NIGHTS: TCSD $300.00 601041 12/12/2023 2612 BRAND ASSASSINS 22655 FY 23-24 BANNER PROGRAM MAINTENANCE/NEW BANNERS $1,909.05 600988 12/07/2023 2415 BRAUN PETER 3969 PLANT MAINTENANCE: PW FACILITIES $500.00 600988 12/07/2023 2415 BRAUN PETER 3976 PLANT MAINTENANCE: PW FACILITIES $200.00 600989 12/07/2023 2622 BROWN JAMAL DEON 2300.205-2310.205 TCSD INSTRUCTOR EARNINGS $2,142.00 601116 12/21/2023 2836 BRYANT ROBERT 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301044 12/07/2023 2659 ELLIS BRENDA JEAN Perf: Rug Hooking PERF: RUG HOOKING DEMONSTRATION $200.00 601000 12/07/2023 3265 EMPIRE ECONOMICS 10/31/23 PRICE POINT STUDY SVCS- CFD 20 $3,725.00 301144 12/20/2023 3460 ENGSTROM LIPSCOMB & LACK Settlement SETTLEMENT OF CLAIM PER AGREEMENT $350,000.00 301082 12/14/2023 1004 ESGIL LLC 128554 Revised SEP PLAN CK SVCS: COMDEV $16,047.18 301145 12/20/2023 2469 EXP US SERVICES INC 134781 SANTA GERTRUDIS CREEK PHASE II $10,804.25 300989 11/30/2023 1892 FAIR HOUSING COUNCIL OF RIVERSIDE COUNTY INC Aug -Oct '23 AUG-Oct'23 SUB -RECIPIENT: FAIR HOUSING SVCS $4,128.94 300990 11/30/2023 2116 FALCON ENGINEERING SERVICES 2023-7 I-15/FRENCH VALLEY PARKWAY IMP $362,580.80 300991 11/30/2023 1005 FEDERAL EXPRESS INC 8-314-02001 EXP MAILINGS SVCS: HR $27.58 301083 12/14/2023 1005 FEDERAL EXPRESS INC 8-334-33247 EXPRESS MAILING: THEATER: TCSD $12.85 300991 11/30/2023 1005 FEDERAL EXPRESS INC 8-314-02002c EXPRESS MAILING SVCS: CIP: PW $9.73 300991 11/30/2023 1005 FEDERAL EXPRESS INC 8-321-41778 EXPRESS MAILING SVCS: LAND DEV: PW $9.73 300991 11/30/2023 1005 FEDERAL EXPRESS INC 8-314-02002a EXPRESS MAILINGS SVCS: LAND DEV: PW $8.17 301083 12/14/2023 1005 FEDERAL EXPRESS INC 8-327-59653 EXPRESS MAILING SVCS: CIP: PW $8.17 601001 12/07/2023 1600 FEHR AND PEERS 168523 OLD TOWN TECHNOLOGY BASED PARKING DATA COLLECTION $1,890.00 301045 12/07/2023 1219 FINE ARTS NETWORK Adv Tix: Nutcracker ADVANCE TICKET SALES: NUTCRACKER $20,000.00 601054 12/12/2023 1219 FINE ARTS NETWORK CSF: GRANT PRGM CSF: PUMP UP THE VOLUME $10,000.00 601002 12/07/2023 1219 FINE ARTS NETWORK Adv Tix: Legally Blo ADV TICKETS: LEGALLY BLONDE $4,200.00 601002 12/07/2023 1219 FINE ARTS NETWORK Adv Tix: Mean Girls ADVANCE TIX SALES: MEAN GIRLS HS $3,500.00 600937 11/30/2023 1219 FINE ARTS NETWORK PERF: 11/18/23 THE PRINCESSES IN CONCERT 11/18/23 $1,565.60 301084 12/14/2023 1037 FIRST STUDENT CHARTER SF-055738 SDC TRANSPORTATION $859.70 600938 11/30/2023 1871 FLATIRON WEST INC 6 1-15/FV PKWY IMPROVEMENTS: PH II: CIP $2,442,545.73 301056 12/12/2023 3417 FORE GREEN DEVELOPMENT LLC Refund: PA23-0057 REFUND: COMDEV APPLICATION WITHDRAWL $8,923.50 601055 12/12/2023 2643 FORENSIC NURSING OF SOCAL INC 2424 SART EXAMS $1,200.00 601055 12/12/2023 2643 FORENSIC NURSING OF SOCAL INC 2425 SART EXAMS $1,200.00 300992 11/30/2023 3406 FREEDOM FOREVER Refund: B23-1743 REFUND: BUILDING PERMIT: B23-1743 $147.36 600939 11/30/2023 1875 FREIZE UHLER KIMBERLY 8911 Straw Hat GENERAL:STRAW HATS: RM $2,214.05 601128 12/21/2023 1940 EE#494 Reimb: 12/08/23 REIMBURSEMENT: SUPPLIES $148.39 301085 12/14/2023 1497 FULL COMPASS SYSTEMS INCO2439944 SOUND/LIGHTING & MISC SUPPLIES: THEATER $460.11 300993 11/30/2023 1497 FULL COMPASS SYSTEMS INCO2431319 SOUND/LIGHTING & MISC SUPPLIES: THEATER $99.09 300993 11/30/2023 1497 FULL COMPASS SYSTEMS INCO2432225 SOUND/LIGHTING & MISC SUPPLIES: THEATER $22.36 601129 12/21/2023 2754 EE # 571 Team Pace 12/14/23 REIMB: TEAM PACE 12/14/23 $250.00 601056 12/12/2023 2374 GEORGE HILLS COMPANY INC INV1027081 CLAIMS TPA: RM $2,466.20 601057 12/12/2023 1315 GOLDEN STATE FIRE PROTECTION 13201 FIRE SPRINKLER REPAIR: TCC: PW $950.00 301146 12/20/2023 1523 GOLDEN VALLEY MUSIC SOCIETY Sttlmnt: 12/11/23 STTLMNT: CANDLELIGHT CLASSICS: TCSD $1,008.00 301146 12/20/2023 1523 GOLDEN VALLEY MUSIC SOCIETY Sttlmnt: 11/12 CLASSICS @ THE MERC 11/12/23 $175.00 301000 11/30/2023 3095 GONZALEZ JAVIER I 1458 HVAC SUPPLES: FACILITY MAINT $766.67 301000 11/30/2023 3095 GONZALEZ JAVIER I 1461 HVAC SUPPLIES: FACILITY MAINT $247.95 301092 12/14/2023 3095 GONZALEZ JAVIER 1 1466 SMALLTOOLS & EQUIPMENT: FIRE STATIONS $216.85 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 301000 11/30/2023 3095 GONZALEZ JAVIER I 1456 HVAC SUPPLIES: FACILITY MAINT $157.69 301047 12/07/2023 3095 GONZALEZ JAVIER I 1452 HVAC SUPPLIES: FACILITY MAINT $146.80 301047 12/07/2023 3095 GONZALEZ JAVIER I 1447 HVAC SUPPLIES: FACILITY MAINT $107.23 301092 12/14/2023 3095 GONZALEZ JAVIER I 1472 HVAC SUPPLIES: FACILITY MAINT $79.58 301092 12/14/2023 3095 GONZALEZ JAVIER I 1451 HVAC SUPPLIES: FACILITY MAINT $62.80 301092 12/14/2023 3095 GONZALEZ JAVIER I 1467 HVAC SUPPLIES: FACILITY MAINT $59.64 301086 12/14/2023 2138 GOVCONNECTION INC 20240827 TRAFFIC SWITCHES: INFOTECH $11,938.21 601058 12/12/2023 1225 GRAINGER 9919240037 MISC PARKSUPPLIES: PARKS: PW $219.37 301127 12/14/2023 1383 HANCOCKLORENA 3700.205-3710.205 TCSD INSTRUCTOR EARNINGS $1,316.00 300994 11/30/2023 1009 HANKS HARDWARE INC 2664/Oct-a MISC MAINT SUPPLIES: MPSC $2,218.87 301148 12/20/2023 1009 HANKS HARDWARE INC 2641/Nov-B SUPPLIES: STREETS ANDTRAFFIC MAINT $1,152.13 301148 12/20/2023 1009 HANKS HARDWARE INC 2706/Nov SMALL TOOLS/EQUIP FACILITIES MAINT: AQUATICS $1,147.55 301046 12/07/2023 1009 HANKS HARDWARE INC 2702/Oct-b SMALL TOOLS/EQUIP: TVM $913.43 301148 12/20/2023 1009 HANKS HARDWARE INC 2708/Nov SMALL TOOLS/EQUIP FACILITIES MAINT: OLD TOWN $490.37 301148 12/20/2023 1009 HANKS HARDWARE INC 2641/Nov-A SMALL TOOLS/EQUIP FACILITIES MAINT: STREET MAINT $464.91 301087 12/14/2023 1009 HANKS HARDWARE INC 2664/Nov SMALL TOOLS/EQUIP FACILITIES MAINT $328.52 301148 12/20/2023 1009 HANKS HARDWARE INC 2670/Nov-B SMALL TOOLS/EQUIP FACILITIES MAINT: TCC $299.06 301148 12/20/2023 1009 HANKS HARDWARE INC 2734/Nov SMALL TOOLS/EQUIP: LIBRARY $227.49 300994 11/30/2023 1009 HANKS HARDWARE INC 2664/Oct-b HARDWARE SUPPLIES, SENIOR CENTER REHAB $195.75 301087 12/14/2023 1009 HANKS HARDWARE INC 2702/Nov SMALL TOOLS/EQUIP FACILITIES MAINT $187.03 301087 12/14/2023 1009 HANKS HARDWARE INC 2716/Nov SMALL TOOLS/EQUIP FACILITIES MAINT $164.79 301148 12/20/2023 1009 HANKS HARDWARE INC 2733/Nov MISC SUPPLIES: TRAFFIC MAINT: PW $137.04 301046 12/07/2023 1009 HANKS HARDWARE INC 2702/Oct MISC MAINT SUPPLIES: TVM $38.53 301087 12/14/2023 1009 HANKS HARDWARE INC 2107/Nov SMALL TOOLS/EQUIP FACILITIES MAINT $4.34 300995 11/30/2023 2225 HASAINC 930161 POOLSANTIZING CHEMICALS: CITY POOLS $814.07 301149 12/20/2023 2225 HASA INC 813.97 POOL SANTIZING CHEMICALS: CITY POOLS $813.97 300970 11/30/2023 1110 HEALTH AND HUMAN RESOURCE CENTER INC E0304085 NOV EMPLOYEE ASSISTANCE PRGM: HR $1,864.55 600940 11/30/2023 1093 HEALTHPOINTE MEDICAL GROUP INC 42612-4159535 MED EMPLOYMENT SCREENING: HR $170.00 601059 12/12/2023 1093 HEALTHPOINTE MEDICAL GROUP INC 42612-4179856 MED EMPLOYMENT SCREENING: HR $50.00 301088 12/14/2023 3264 HERNANDEZ CELLINA Reimb: CNOA Conf REIMB: CNOATRAINING CONF: 11/17-11/21: PD $277.08 601003 12/07/2023 2235 HICKS AND HARTWICK INC 8271 ENG PLAN CHECK SRVCS: PRADO: LAND DEV $1,519.00 301089 12/14/2023 1083 HINDERLITER DE LLAMAS &ASSOC SIN033575 OCT-DEC SALES TAX &RECOVERY SVCS $9,147.15 601060 12/12/2023 2547 HINER DOUGLAS 2023-November UMPIRE OFFICIATING SVCS: CITY ADULT SOFTBALL $1,890.00 300996 11/30/2023 1192 HOME DEPOT 3370485 WINDOW BLINDS, TVE2 PW $3,446.92 301090 12/14/2023 1192 HOME DEPOT 1972482 CONSTRUCTION SVCS:PW-CIP, PW17-21 MRC $3,161.36 300996 11/30/2023 1192 HOME DEPOT 9971872 MISC HRDWR SUPPLIES: MTC YARD $541.58 300996 11/30/2023 1192 HOME DEPOT 7972665 MISC HRDWR SUPPLIES: FOC: PW $284.47 300996 11/30/2023 1192 HOME DEPOT 0973033 MISC SUPPLIES: CIVIC CENTER: PW $254.15 300996 11/30/2023 1192 HOME DEPOT 8032583 MISC HRDWR SUPPLIES: CIVIC CTR: PW $194.45 300996 11/30/2023 1192 HOME DEPOT 9972540 MISC HRDWR SUPPLIES: CIVIC CTR: PW $46.09 300997 11/30/2023 1620 HOSPICE OF THE VALLEY Ck Req Jul-Sep'23 CDBG-SENIOR ASSISTANCE PROGRAM $3,576.67 601061 12/12/2023 2233 HOWELL, ANN MARIE COT_CMO_1123 GRAPHIC DESIGN SERVICES: CM $825.00 600941 11/30/2023 2233 HOWELL, ANN MARIE COT _ECONDEV_1123 BANNER STAND: HR $734.25 601062 12/12/2023 1585 I P C INDUSTRIES INC O1-170015 GOLF CART RENTALS: TCSD $6,958.69 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 2023105 WEED ABATEMENT: COMM DEV $4,417.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40218 WEED ABATEMENT: COMM DEV $2,532.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40115 WEED ABATEMENT: COMM DEV $2,087.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40107 WEED ABATEMENT: COMM DEV $1,447.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40109 WEED ABATEMENT: COMM DEV $1,182.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40113 WEED ABATEMENT: COMM DEV $1,182.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40083 WEED ABATEMENT: COMM DEV $1,152.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40121 WEED ABATEMENT: COMM DEV $1,137.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40106 WEED ABATEMENT: COMM DEV $862.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40059 WEED ABATEMENT: COMM DEV $842.00 601130 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40110 WEED ABATEMENT: COMM DEV $842.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40056 WEED ABATEMENT: COMM DEV $714.50 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40079 WEED ABATEMENT: COMM DEV $687.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40111 WEED ABATEMENT: COMM DEV $687.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40058 WEED ABATEMENT: COMM DEV $642.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40093 WEED ABATEMENT: COMM DEV $607.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40105 WEED ABATEMENT: COMM DEV $597.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40091 WEED ABATEMENT: COMM DEV $532.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40057 WEED ABATEMENT: COMM DEV $487.00 601131 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40087 WEED ABATEMENT: COMM DEV $477.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40047 WEED ABATEMENT: COMM DEV $377.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40061 WEED ABATEMENT: COMM DEV $377.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40062 WEED ABATEMENT: COMM DEV $377.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40092 WEED ABATEMENT: COMM DEV $377.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40077 WEED ABATEMENT: COMM DEV $377.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40063 WEED ABATEMENT: COMM DEV $349.50 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40084 WEED ABATEMENT: COMM DEV $322.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40080 WEED ABATEMENT: COMM DEV $322.00 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40108 WEED ABATEMENT: COMM DEV $300.75 601132 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40112 WEED ABATEMENT: COMM DEV $287.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40221 WEED ABATEMENT: COMM DEV $259.50 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40052 WEED ABATEMENT: COMM DEV $222.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40076 WEED ABATEMENT: COMM DEV $222.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40086 WEED ABATEMENT: COMM DEV $222.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40078 WEED ABATEMENT: COMM DEV $222.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40082 WEED ABATEMENT: COMM DEV $208.25 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40081 WEED ABATEMENT: COMM DEV $197.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40042 WEED ABATEMENT: COMM DEV $197.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40044 WEED ABATEMENT: COMM DEV $197.00 601133 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40041 WEED ABATEMENT: COMM DEV $197.00 601134 12/21/2023 1352 INLAND EMPIRE PROPERTY SERVICES INC 40043 WEED ABATEMENT: COMM DEV $197.00 600943 11/30/2023 2564 INLAND FLEET SOLUTIONS INC 6744 VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE $274.37 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 600943 11/30/2023 2564 INLAND FLEET SOLUTIONS INC 6746 VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE $230.01 600943 11/30/2023 2564 INLAND FLEET SOLUTIONS INC 6745 VEHICLE AND EQUIPMENT REPAIR, STREET MAINTENANCE $221.32 301091 12/14/2023 1533 INLAND VALLEY CLASSICAL BALLET THEATRE Sttlmnt: Nutcracker TICKET SALES SETTLEMENT "NUTCRACKER" 11/24-11/26 $27,559.23 601004 12/07/2023 1396 INNOVATIVE DOCUMENT SOLUTIONS 253397 REPLACEMENT COPIER:TVM $6,588.95 601004 12/07/2023 1396 INNOVATIVE DOCUMENT SOLUTIONS 255625 OCT COPIER MAINT/REPAIR/USAGE: CITYWIDE $5,378.52 601004 12/07/2023 1396 INNOVATIVE DOCUMENT SOLUTIONS 255616 OCT COPIER MAINT/REPAIR/USAGE: CITYWIDE $577.73 301150 12/20/2023 3035 INTERFLEX PAYMENT LLC Ben349886 CHILD CARE REIMBURSEMENT FSA PAYMENT $25,675.79 300998 11/30/2023 3035 INTERFLEX PAYMENT LLC INV664968 FSA/COBRA: HR $450.50 301157 12/20/2023 1072 INTERNATIONAL PUBLIC MANAGEMENT ASSOCIATION FOF INV-78897-T2D2C9 MEMBERSHIP RENEWAL: HR $1,137.00 600945 11/30/2023 2085 INTERPRETERS UNLIMITED 43696 TRANSLATION SERVICES: PD $134.28 600944 11/30/2023 2085 INTERPRETERS UNLIMITED 351132 TRANSLATION SERVICES: PD $9.00 300999 11/30/2023 1196 INTL CODE COUNCIL Q15.000013890 MEMBERSHIP RENEWAL: BLDG&SAFETY $292.00 601005 12/07/2023 2955 INTL LINE BUILDERS INC 902904R RETENTION RELEASE: CONTRACT WITHHOLDING: 2022-222 $21,379.47 601136 12/21/2023 33771TERIS INC 164649 TRAFFIC SIGNAL MAINTENANCE: PW-TRAFFIC $9,602.63 601135 12/21/2023 3377 ITERIS INC 164730 TRAFFIC SIGNAL MAINTENANCE: PW-TRAFFIC $3,806.25 601064 12/12/2023 1719 JACOBS HOUSE INC Ben349874 EMPLOYEE CHARITY DONATIONS: PAYMENT $40.00 301093 12/14/2023 3197 JDS VIDEO & MEDIA PRODUCTIONS INC 3630 PROMOTIONAL VIDEOGRAPHY SERVICES: CM $3,500.00 301093 12/14/2023 3197 JDS VIDEO & MEDIA PRODUCTIONS INC 3610 PROMOTIONAL VIDEOGRAPHY SERVICES: CM $500.00 301093 12/14/2023 3197 JDS VIDEO & MEDIA PRODUCTIONS INC 3587 PROMOTIONAL VIDEOGRAPHY SERVICES: CM $500.00 601137 12/21/2023 2498 JETE PRODUCTS LLC Sttlmnt: Nutcracker STTLEMENT: THE NUTCRACKER BALLET AT EUROPA VILLAGE $1,213.90 601065 12/12/2023 2475 JP HANDMADE CORP 68441 BUSINESS CARDS-HR $206.54 601007 12/07/2023 2475 JP HANDMADE CORP 68388 BUSINESS CARDS: PW - LAND DEV $81.82 600946 11/30/2023 1248 JTB SUPPLY COMPANY INC 112731 LED LIGHTS, TRAFFIC MAINTENANCE $3,543.00 600947 11/30/2023 1090 KEYSER MARSTON ASSOCIATES INC 0038263 SB-9 FISCAL ANALYSIS: LR22-0158 $9,254.38 600948 11/30/2023 2714 EE#630 11/27/23 REIMB: EMPLOYEE LUNCHEON $339.60 601138 12/21/2023 2714 EE # 630 Team Pace 12/14/23 REIMB: TEAM PACE 12/14/23 $250.00 600949 11/30/2023 1975 KRACH BREE B 200027 EMPLOYEE RECOGNITION:HR $108.75 601008 12/07/2023 1975 KRACH BREE B 200015 EMPLOYEE RECOGNITION: CITY CNL $71.23 600949 11/30/2023 1975 KRACH BREE B 200009 EMPLOYEE RECOGNITION:HR $63.62 600949 11/30/2023 1975 KRACH BREE B 200058 EMPLOYEE RECOGNITIOWHR $53.29 301094 12/14/2023 1136 LAKE ELSINORE ANIMAL FRIENDS Nov'23 NOV'23 ANIMAL CONTROL SERVICES $10,762.50 301057 12/12/2023 2654 LAMB GREG 1846 DECEMBER EMPLOYEE LUNCHEON $7,464.00 600950 11/30/2023 1050 LEIGHTON AND ASSOCIATES INC 60343 GEOTECHNICAL SERVICES,CIP-PW, PW22-11, ON -CALL AG $4,850.00 601139 12/21/2023 1050 LEIGHTON AND ASSOCIATES INC 60511 GEOTECHNICAL CONSULTING (PA23-0321) $4,590.00 301095 12/14/2023 1923 LLOYDS DESIGNS 1260 VARIOUS GRAPHIC DESIGNS: TCSD $3,000.00 301001 11/30/2023 2041 EE#509 Reimb: Supplies REIMB: SUPPLIES $65.10 301096 12/14/2023 3467 LUCAS CARLOS Reimb: Conf 11/17/23 REIMB: CNOA CONFERENCE $312.23 301097 12/14/2023 1806 M C I COMM SERVICE NOV 7DK89878 NOV 7DK89878 XXX-0714 USAGE MALL PD $37.30 301097 12/14/2023 1806 M C I COMM SERVICE NOV 7DK90589 NOV 7DK90589 XXX-3046 GEN USAGE $35.99 301098 12/14/2023 3423 MAGIC FAST FOODS CORP Refund: PA22-1012 REFUND: PLANNING APPLICATION CANCELLATION $2,124.00 301002 11/30/2023 1224 MAIN STREET SIGNS 43232 VARIOUS SIGNS & SUPPLIES: STREET MAINT $5,996.91 301002 11/30/2023 1224 MAIN STREET SIGNS 43230 VARIOUS SIGNS & SUPPLIES: STREET MAINT $3,829.31 301002 11/30/2023 1224 MAIN STREET SIGNS 43233 VARIOUS SIGNS & SUPPLIES: STREET MAINT $760.87 301002 11/30/2023 1224 MAIN STREET SIGNS 43231 VARIOUS SIGNS & SUPPLIES: STREET MAINT $652.17 301099 12/14/2023 1224 MAIN STREET SIGNS 41396 VARIOUS SUPPLIES AND SIGNS: PW PARKS $626.13 301002 11/30/2023 1224 MAIN STREET SIGNS 43234 VARIOUS SUPPLIES AND SIGNS: PW PARKS $337.07 601009 12/07/2023 3031 MAKELELE SYSTEMS LANDSCAPE & MAINTENANCE INC 2649-Rev RCWD RECYCLED WATER ACCELERATE $4,800.00 601010 12/07/2023 1243 MANALILI DE VILLA AILEEN 1200-1206.203 TCSD INSTRUCTOR EARNINGS $1,577.10 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3190 TREE TRIMMING: VINTAGE HILLS: PW $9,629.79 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3181 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $9,454.77 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3121 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $8,536.64 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3131 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $7,333.93 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3178 TREE TRIMMING: HARVESTON LAKE PARK: PW $6,913.56 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3125 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $6,418.38 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3134 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $4,013.19 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3189 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $3,649.26 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 2577.20 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $2,577.20 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3132 TREE REMOVALS: TRADEWINDS SLOPE: PW $2,297.72 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3124 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $1,824.56 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3180 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $1,790.87 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3133 TREE TRIMMING: VINTAGE HILLS: PW $1,622.08 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3184 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $1,013.80 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3187 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $1,013.80 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3123 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $963.55 601066 12/12/2023 2619 MARIPOSA TREE MANAGEMENT INC 3183 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $792.40 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3185 TREE TRIMMING: VILLAGES SLOPE: PW $608.28 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3139 EMERGENCY SLOPE TREE SERVICES $608.28 601140 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3179 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $541.85 600951 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3128 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $503.55 601141 12/21/2023 2619 MARIPOSA TREE MANAGEMENT INC 3188 TREE TRIMMING: RANCHO HIGHLANDS: PW $405.52 601066 12/12/2023 2619 MARIPOSA TREE MANAGEMENT INC 3186 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $405.52 600952 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3136 TREE TRIMMING: SIGNET SERIES: PW $405.52 600952 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3135 EMERGENCY SLOPE TREE SERVICES $405.52 600952 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3126 TREE TRIMMING: VILLAGES SLOPE: PW $405.22 601066 12/12/2023 2619 MARIPOSA TREE MANAGEMENT INC 3182 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $316.96 600952 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3130 TREE TRIMMING: RANCHO HIGHLANDS: PW $279.75 601066 12/12/2023 2619 MARIPOSA TREE MANAGEMENT INC 3177 ANNUAL RIGHT OF WAY TREE TRIMMING, REMOVALS & PLAN $272.64 600952 11/30/2023 2619 MARIPOSA TREE MANAGEMENT INC 3127 ANNUAL TREE TRIM MI NG,REMOVALS& PLANTING AT PARKS $272.64 601011 12/07/2023 2376 MARK THOMAS AND COMPANY 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ANTHONY J 2040.206-2065.204 INSTRUCTOR $875.00 601071 12/12/2023 1240 MORAMARCO ANTHONY J 11/17/23 ART EVENTS & MURALS $400.00 601148 12/21/2023 2081 MUSIC CONNECTION LLC Sttlmnt: 12/09/23 SPEAKEASY @ THE MERC: 12/09/23 $572.60 600960 11/30/2023 2081 MUSIC CONNECTION LLC PERF: 11/11/23 SPEAKEASY @ THE MERC 11/11/23 $520.80 600961 11/30/2023 2268 MUSSON THEATRICAL INC 00468686 SOUND/LIGHTING SUPPLIES: THEATER $356.11 600961 11/30/2023 2268 MUSSON THEATRICAL INC 00446380 SOUND/LIGHTING SUPPLIES: THEATER ($2.00) 600961 11/30/2023 2268 MUSSON THEATRICAL INC 00446669 SOUND/LIGHTING SUPPLIES: THEATER ($36.36) 301101 12/14/2023 2450 NATIONAL BUSINESS FURNITURE LLC MK599785-TDQ NATIONAL BUSINESS FURNITURE -AQUATICS $1,171.93 301102 12/14/2023 2032 NATIONAL SAFETY COMPLIANCE INC 96127 DOT-RISK/HR $299.80 301005 11/30/2023 2500 NETWRIX CORPORATION #INV-NW99089 DATA CLASSIFICATION SOFTWARE RENEWAL $15,774.70 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75966 LANDSCAPE SVCS: PARKS AND MEDIANS $77,622.00 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75964 LANDSCAPE MAINTENANCE SERVICES LEVEL C SLOPES $62,010.00 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75962 LANDSCAPE SVCS: PARKS AND MEDIANS $56,141.00 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75961 LANDSCAPE SVCS: PARKS AND MEDIANS $23,159.00 601072 12/12/2023 2578 NIEVES LANDSCAPE INC 75960 LANDSCAPE MAINTENANCE SVCS: FACILITIES $11,245.00 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75963 LANDSCAPE SVCS: HARVESTON LAKE $4,031.00 601072 12/12/2023 2578 NIEVES LANDSCAPE INC 75959 LANDSCAPE SVCS: FIRE STATIONS $2,068.00 601149 12/21/2023 2578 NIEVES LANDSCAPE INC 75965 LANDSCAPE MAINTENANCE SERVICES LEVEL C SLOPES $106.00 301103 12/14/2023 2571 NORMAN ATRAUB &ASSOCIATES LLC 23070.1 WRKPLACE INVESTIGATIONS: HR $4,272.08 301103 12/14/2023 2571 NORMAN ATRAUB &ASSOCIATES LLC 23100 WRKPLACE INVESTIGATIONS: HR $2,921.92 301103 12/14/2023 2571 NORMAN ATRAUB &ASSOCIATES LLC 23070.2 WRKPLACE INVESTIGATIONS: HR $2,702.50 301058 12/12/2023 1375 NORTH JEFFERSON BUSINESS PARK 1078358/JAN-MAR JAN-MAR'24 ASSN DUES 8358 #20: FV $642.62 301058 12/12/2023 1375 NORTH JEFFERSON BUSINESS PARK 1200155/JAN-MAR JAN-MAR'24 ASSN DUES 0155 #19: FV $618.17 301058 12/12/2023 1375 NORTH JEFFERSON BUSINESS PARK 1121810/JAN-MAR JAN-MAR'24 ASSN DUES 1810 #16: FV $571.82 301058 12/12/2023 1375 NORTH JEFFERSON BUSINESS PARK 1078329/JAN-MAR JAN-MAR'24 ASSN DUES 8329 #17: FV $531.43 601150 12/21/2023 1511 NV51NC 361908 MARGARITA RECREATION CENTER $42,556.25 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27625 VEHICLE REPAIR/MAINTENANCE $1,557.40 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27686 VEHICLE REPAIR / MAINTENANCE $1,338.20 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27540 VEHICLE REPAIR/MAINTENANCE $1,324.66 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27682 VEHICLE REPAIR / MAINTENANCE $1,226.47 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27841 VEHICLE REPAIR/MAINTENANCE $1,075.27 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27432 VEHICLE REPAIR / MAINTENANCE $994.62 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27823 VEHICLE REPAIR MAINTENANCE $924.06 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27474 VEHICLE REPAIR / MAINTENANCE $731.28 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27754 VEHICLE REPAIR MAINTENANCE $495.20 301006 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27822 VEHICLE REPAIR / MAINTENANCE $453.96 301007 11/30/2023 3040 OLD TOWN TEMECULA HARLEY DAVIDSON 27810 VEHICLE REPAIR MAINTENANCE $358.74 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73314 VEHICLE MAINTENANCE - PARKS & FACILITIES $1,386.45 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73153 VEHICLE MAINTENANCE: TCC $1,342.14 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73213 VEHICLE MAINTENANCE- STREET MAINTENANCE $1,124.65 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 71791 VEHICLE MAINTENANCE - PARKS & FACILITIES $1,075.34 601073 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73427 VEHICLE MAINTENANCE - PARKS & FACILITIES $382.16 601014 12/07/2023 2496 OLD TOWN TIRE AND SERVICE INC 73341 VEHICLE MAINTENANCE- STREET MAINTENANCE $348.94 Check a Check Date Vendor p Vendor Invoice p Description Invoice Net 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73331 VEHICLE REPAIR / MAINTENANCE $321.47 601073 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73377 SERVICE TO BUS & VAN: MPSC $311.90 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73294 BUILDING INSPECTOR VEHICLE MAINTENANCE $268.49 601014 12/07/2023 2496 OLD TOWN TIRE AND SERVICE INC 73324 VEHICLE MAINTENANCE - PARKS & FACILITIES $263.99 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73176 VEHICLE MAINTENANCE- STREET MAINTENANCE $260.71 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73383 VEHICLE MAINTENANCE: FIRE $193.07 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73366 VEHICLE MAINTENANCE - PARKS & FACILITIES $185.18 601014 12/07/2023 2496 OLD TOWN TIRE AND SERVICE INC 73232 VEHICLE MAINTENANCE - PARKS & FACILITIES $125.38 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73279 BUILDING INSPECTOR VEHICLE MAINTENANCE $87.98 601074 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 71848 VEHICLE MAINTENANCE: FIRE $62.96 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73260 VEHICLE MAINTENANCE- STREET MAINTENANCE $60.09 601014 12/07/2023 2496 OLD TOWN TIRE AND SERVICE INC 73273 SERVICE TO BUS & VAN: MPSC $57.99 601073 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73441 VEHICLE MAINTENANCE - PARKS & FACILITIES $57.46 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73247 VEHICLE MAINTENANCE - PARKS & FACILITIES $57.46 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73222 VEHICLE MAINTENANCE - PARKS & FACILITIES $57.46 600962 11/30/2023 2496 OLD TOWN TIRE AND SERVICE INC 73220 VEHICLE MAINTENANCE- STREET MAINTENANCE $48.78 601073 12/12/2023 2496 OLD TOWN TIRE AND SERVICE INC 73447 VEHICLE MAINT: CODE ENFORCEMENT $26.75 601151 12/21/2023 1164 P V P COMMUNICATIONS INC 133928 MOTOR HELMET COMMUNICATION: PD $322.18 301154 12/20/2023 1412 PALOMA VALLEY HIGH SCHOOL 12/14/23 TRANSPORTATION STIPEND $200.00 301155 12/20/2023 1492 PANERA BREAD 60125523557486 TVE2 ORDERS FOR WORKSHOPS/MEETINGS $204.44 301104 12/14/2023 2206 PARKING LOGIX INC SIN02171 ANNUAL CLOUD FEE FOR OLD TOWN PARKING:PW $3,960.00 301008 11/30/2023 1214 PECHANGA BAND OF LUISENO MISSION INDIANS 20527 I-15/ FRENCH VALLEY PARKWAY IMPROV $13,182.55 301105 12/14/2023 1214 PECHANGA BAND OF LUISENO MISSION INDIANS 20554 1-15/ FRENCH VALLEY PARKWAY IMPROV $9,848.90 301106 12/14/2023 2392 PENFOLDS CAFE INC 083 HOLIDAY HAM: DECEMBER EVENTS: TCSD $495.90 301009 11/30/2023 3446 PENNINGTON ANNE 11/21/23 REFUND: LIVE SCAN FEE $49.00 301107 12/14/2023 3448 PERLMUTTER MARK J N120123-8 EQUIPMENT: TEM SHERIFF $5,999.31 301040 12/04/2023 1018 PETTY CASH 11/22/23 PETTY CASH REIMBURSEMENTS $705.07 301048 12/07/2023 2179 PLAYCORE WISCONSIN INC PJI-0219942 PLAYGROUND EQUIP ENHANCEMENTS: REDHAWK $449,749.23 301048 12/07/2023 2179 PLAYCORE WISCONSIN INC PJI-0219943 PLAYGROUND EQUIP ENHANCEMENTS: REDHAWK $81,953.35 301010 11/30/2023 3435 PORTER KENT 11/20/23 REFUND: LD18-1631: TRACT MAP 9833 LOT $3,000.00 601152 12/21/2023 2893 POS SUPPLY SOLUTIONS INC 220216 THERMAL PRINT PAPER: TEM SHERIFF $702.95 600963 11/30/2023 3352 POWERLAND EQUIPMENT INC O1-250064 PW PARKS VEHICLE REPAIR $5,038.86 301156 12/20/2023 1363 PRE PAID LEGAL SERVICES INC Ben349876 PREPAID LEGAL SERVICES: PAYMENT $246.95 601075 12/12/2023 1493 PREMIER MARKETING INC 3057 PERFORMANCE/EVENTS: TCSD $437.50 601075 12/12/2023 1493 PREMIER MARKETING INC 2950 PERFORMANCE/EVENTS: TCSD $425.00 301011 11/30/2023 1020 PRESS ENTERPRISE COMPANY INC SUBSCR: 180905656E NEWSPAPER SUBSCRIPTION: PW $205.88 301011 11/30/2023 1020 PRESS ENTERPRISE COMPANY INC SUBSCR:180905656C NEWSPAPER SUBSCRIPTION: PW $205.88 301108 12/14/2023 1020 PRESS ENTERPRISE COMPANY INC SUBSCR: 180905656A NEWSPAPER SUBSCRIPTION: PW $205.88 301011 11/30/2023 1020 PRESS ENTERPRISE COMPANY INC SUBSCR:180905656D NEWSPAPER SUBSCRIPTION: PW $205.87 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132226680 UNIFORMS: STREET MAINTENANCE $68.17 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225427 UNIFORMS: STREET MAINTENANCE $68.17 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224179 UNIFORMS: STREET MAINTENANCE $68.17 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222916 UNIFORMS: STREET MAINTENANCE $68.17 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132217910 UNIFORMS: STREET MAINTENANCE $68.17 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132226678A UNIFORM: PARKS AND FACILITIES $65.64 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225425A UNIFORM: PARKS AND FACILITIES $65.64 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224177A UNIFORM: PARKS AND FACILITIES $65.64 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222914A UNIFORM: PARKS AND FACILITIES $65.64 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132216626 UNIFORMS: STREET MAINTENANCE $63.89 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132217909A UNIFORM: PARKS AND FACILITIES $63.21 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132219160A UNIFORM: PARKS AND FACILITIES $63.21 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132216625A UNIFORM: PARKS AND FACILITIES $60.78 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225971 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224720 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222228 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132223461 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132214605 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132215867 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132217153 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY 132218417 FLOOR MATS AND TOWEL RENTALS: FACILITIES $31.45 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224702 FLOOR MATS AND TOWEL RENTALS: FACILITIES $24.52 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222210 FLOOR MATS AND TOWEL RENTALS: FACILITIES $24.52 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225972 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224721 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222229 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132223462 FLOOR MATS AND TOWEL RENTALS: FACILITIES $19.88 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225970 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224719 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222227 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 601015 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132223460 FLOOR MATS AND TOWEL RENTALS: FACILITIES $14.32 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225957 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224708 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222216 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132223447 FLOOR MATS AND TOWEL RENTALS: FACILITIES $12.74 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225428 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224180 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222917 FLOOR MATS AND TOWEL RENTALS: FACILITIES $10.28 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225958 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224709 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222217 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132223448 FLOOR MATS AND TOWEL RENTALS: FACILITIES $9.89 601153 12/21/2023 1336 PRUDENTIAL OVERALL SUPPLY 132226678E UNIFORMS: STREET MAINTENANCE $5.67 601076 12/12/2023 1336 PRUDENTIAL OVERALL SUPPLY 132225425E UNIFORMS: STREET MAINTENANCE $5.67 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132224177E UNIFORMS: STREET MAINTENANCE $5.67 601016 12/07/2023 1336 PRUDENTIAL OVERALL SUPPLY 132222914E UNIFORMS: STREET MAINTENANCE $5.67 600964 11/30/2023 1336 PRUDENTIAL OVERALL SUPPLY CM 13816-01B OPEN CREDITS ON ACCT 13816-01 ($334.62) Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 301012 11/30/2023 2727 QUADIENT FINANCE USA INC PPN0111/08/23 POSTAGE SERVICES: PD $264.15 600942 11/30/2023 1593 QUALITY CODE PUBLISHING GC00123358 MUNICIPAL CODE SERVICES: CITY CLERK $1,480.00 301109 12/14/2023 2064 RADEECAL INC INV-3136 CART WRAP: EVENT CART 12: FIRE $1,805.00 301109 12/14/2023 2064 RADEECAL INC INV-3152 DECALS: PUBLIC WORKS $165.06 600965 11/30/2023 3136 RAMOS HR CONSULTING INC 1010 PROFESSIONAL SERVICES: HR $7,400.00 301158 12/20/2023 1134 RANCHO CALIF BUS PK ASSOC 1077168/JAN-MAR'24 JAN-MAR'24 BUS PK ASSN DUES: TVE2 $2,234.14 301059 12/12/2023 1134 RANCHO CALIF BUS PK ASSOC 1077171/JAN-MAR'24 JAN-MAR'24 BUS PK ASSN DUES: FOC $2,064.35 301059 12/12/2023 1134 RANCHO CALIF BUS PK ASSOC 1077061/JAN-MAR'24 JAN-MAR'24 BUS PK ASSN DUES: DIAZ RD $2,033.07 601017 12/07/2023 1076 RANCHO TEMECULA CAR WASH OCT'23 OCT CAR WASH SVCS: POLICE $34.02 601077 12/12/2023 1076 RANCHO TEMECULA CAR WASH NOV'23 NOV CAR WASH SVCS: POLICE $18.01 601078 12/12/2023 1537 RANDALL MANAGEMENT GROUP 31371 BANNER PATCHES FOR CITYWIDE CLEAN UP EVENT, PW $63.56 601154 12/21/2023 1537 RANDALL MANAGEMENT GROUP 31673 MISC SIGNAGE: SPECIAL EVENTS: TCSD $58.07 301013 11/30/2023 1970 REACH SPORTS MARKETING GROUP 89686 PLAYER LICENSE RENEWAL $728.00 601018 12/07/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171472-00 MISC HVAC SUPPLIES: CITY HALL $593.98 600966 11/30/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60170902-00 MISC HVAC SUPPLIES: PARKING GARAGE $338.49 600966 11/30/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171097-00 MISC HVAC SUPPLIES: CITY HALL $115.86 601079 12/12/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171768-00 MISC HVAC SUPPLIES: MRC: PW $105.56 601018 12/07/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171481-00 MISC HVAC SUPPLIES: CIVIC CTR $79.43 601018 12/07/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171480-00 MISC HVAC SUPPLIES: CITY HALL $75.00 601155 12/21/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171954-00 ICE MACHINE MAINT: FIRE STATIONS $71.20 601018 12/07/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171590-00 ICE MACHINE MAINT: FIRE STATIONS $59.76 600966 11/30/2023 2552 REFRIGERATION SUPPLIES, DISTRIBUTOR 60171240-00 MISC HVAC SUPPLIES: CIVIC CTR ($18.29) 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245040 OCT 2023 LEGAL SERVICES $121,178.19 601019 12/07/2023 1150 RICHARDS WATSON AND GERSHON 245035 OCT 2023 LEGAL SERVICES $14,515.00 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245039 OCT 2023 LEGAL SERVICES $11,243.35 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245036 OCT 2023 LEGAL SERVICES $9,557.89 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245018 OCT 2023 LEGAL SERVICES $8,586.75 601019 12/07/2023 1150 RICHARDS WATSON AND GERSHON 245041 OCT 2023 LEGAL SERVICES $6,510.00 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245038 OCT 2023 LEGAL SERVICES $2,658.75 601019 12/07/2023 1150 RICHARDS WATSON AND GERSHON 245055 OCT 2023 LEGAL SERVICES $1,950.00 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245023 OCT 2023 LEGAL SERVICES $1,640.50 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245062 OCT 2023 LEGAL SERVICES $1,383.45 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245052 2023 OCT LEGAL SERVICES $1,140.00 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245017 OCT 2023 LEGAL SERVICES $1,122.90 601156 12/21/2023 1150 RICHARDS WATSON AND GERSHON 245460 NOV 2023 LEGAL SERVICES $867.00 601156 12/21/2023 1150 RICHARDS WATSON AND GERSHON 245462 NOV 2023 LEGAL SERVICES $701.36 600967 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245030 OCT 2023 LEGAL SERVICES $693.66 601019 12/07/2023 1150 RICHARDS WATSON AND GERSHON 245051 OCT 2023 LEGAL SERVICES $608.00 600968 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245056 OCT 2023 LEGAL SERVICES $450.00 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245470 NOV 2023 LEGAL SERVICES $317.50 600968 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245019 OCT 2023 LEGAL SERVICES $255.00 600968 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245026 OCT 2023 LEGAL SERVICES $161.50 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245459 NOV 2023 LEGAL SERVICES $102.50 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245454 NOV 2023 LEGAL SERVICES $90.00 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245464 NOV 2023 LEGAL SERVICES $75.50 601019 12/07/2023 1150 RICHARDS WATSON AND GERSHON 245060 OCT 2023 LEGAL SERVICES $54.00 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245473 NOV 2023 LEGAL SERVICES $30.00 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245471 NOV 2023 LEGAL SERVICES $30.00 600968 11/30/2023 1150 RICHARDS WATSON AND GERSHON 245022 OCT 2023 LEGAL SERVICES $28.50 601080 12/12/2023 1150 RICHARDS WATSON AND GERSHON 245474 NOV 2023 LEGAL SERVICES $12.00 301110 12/14/2023 1966 RIGHTWAY SITE SERVICES INC 365544 PORTABLE RESTROOM RENTALS: SPECIAL EVENTS: TCSD $8,162.00 301111 12/14/2023 1104 RIVERSIDE CO OF ENVIRONMENTAL IN0493408 JUL-SEP'23 VECTOR CNTRL SVC: CODE ENF $7,351.78 301014 11/30/2023 2635 RIVERSIDE CO PUB SAFETY ENTERPRISE COMMUNICATION PE0000001355 EMERGENCY RADIO RENTAL $1,395.67 301014 11/30/2023 2635 RIVERSIDE CO PUB SAFETY ENTERPRISE COMMUNICATION PE0000001356A OCT EMERG RADIO RENTALS: CODE ENF $513.10 301015 11/30/2023 1042 RIVERSIDE CO SHERIFFS DEPT SH0000044365 08/24/23-09/20/23 LAW ENFORCEMENT $2,862,646.66 301112 12/14/2023 1042 RIVERSIDE CO SHERIFFS DEPT SH0000044488 SHERIFF PATROL SVCS:PD $2,755,355.42 301159 12/20/2023 2533 RIVERSIDE CO SHERIFFS GREYBAR 3936 PRINTING SERVICES: PD $24.48 301113 12/14/2023 1304 RIVERSIDE TRANSITAGENCY 87021 TROLLEY ROUTE 55 TRANSPORTATION SERVICES $2,375.80 301016 11/30/2023 1091 ROADLINE PRODUCTS INC 19387 STREET MAINTENANCE SUPPLIES, PW $806.38 301160 12/20/2023 1737 ROTARY CLUB OF OLD TOWN TEMECULA 12/11/23 POINSETTIAS: CITY HALL $585.00 301114 12/14/2023 3461 SALEM ANDREW REIMB: 11/21/23 REIMB: CNOATRAINING CONF: 11/17-11/21: PD $261.59 601082 12/12/2023 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEMY PERF: 12/02/23 USER LICENSE AGREEMENT: COUNTRY LIVE@THE MERC 12/2 $708.75 600970 11/30/2023 1552 SANBORN GWYNETH A CO TEMECULA MUSIC ACADEMY PERF: 11/18/23 COUNTRY LIVE! @ THE MERC 11/18/23 $675.00 301017 11/30/2023 3437 SANCHEZ EVELYN 11/20/23A REFUND: DUPLICATE PAYMENT $963.00 301049 12/07/2023 3437 SANCHEZ EVELYN 11/20/23B REFUND: DUPLICATE PAYMENT $534.00 301161 12/20/2023 1581 SAPINKOPF LISA Ck Req 12/11/23 PRESENTER:THEATER:TCSD $1,600.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 11182023 PHOTOGRAPHY: THEATER: TCSD $440.00 601083 12/12/2023 2008 SARNOWSKI SHAWNA PRESTON 11272023 PHOTOGRAPHY SERVICES FOR SPECIAL EVENTS $400.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 11112023 PHOTOGRAPHY SERVICES FOR SPECIAL EVENTS $350.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 011152023 PHOTOGRAPHY SERVICES -CITY COUNCIL $350.00 601158 12/21/2023 2008 SARNOWSKI SHAWNA PRESTON 12132023 PHOTOGRAPHY SERVICES FOR SPECIAL EVENTS $300.00 601083 12/12/2023 2008 SARNOWSKI SHAWNA PRESTON 1122023 MISC. PHOTOGRAPHY SERVICES: ECO DEV $300.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 011092023 PHOTO/VIDEO SVCS: REDI COMMISSION: CITY CLERK $300.00 601158 12/21/2023 2008 SARNOWSKI SHAWNA PRESTON 10312023 PHOTOGRAPHY SVCS: TEAM PACE $275.00 601158 12/21/2023 2008 SARNOWSKI SHAWNA PRESTON 011112023 MUSEUM/ACE PHOTOGRAPHY SVCS $275.00 601158 12/21/2023 2008 SARNOWSKI SHAWNA PRESTON 011082023 MUSEUM/ACE PHOTOGRAPHY SVCS $275.00 601158 12/21/2023 2008 SARNOWSKI SHAWNA PRESTON 11302023 MUSEUM/ACE PHOTOGRAPHY SVCS $275.00 601021 12/07/2023 2008 SARNOWSKI SHAWNA PRESTON 11152023 PHOTOS FOR RIBBON CUTTINGS/OPENINGS: TCSD $275.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 11022023 MPSC/HUMAN SERVICES PHOTOGRAPHY $275.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 11092023 MPSC/HUMAN SERVICES PHOTOGRAPHY $275.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 0011082023 MPSC/HUMAN SERVICES PHOTOGRAPHY $275.00 600971 11/30/2023 2008 SARNOWSKI SHAWNA PRESTON 11032023 MUSEUM/ACE PHOTOGRAPHY SVCS $275.00 301018 11/30/2023 2360 5B&O INC 1023025 ENGINEERING &SURVEY SVCS: PW-CIP, PW22-15 $12,813.60 301115 12/14/2023 2360 SB&O INC 1123029 ENGINEERING CONSULTANT SVCS: PW21-13 $2,681.28 301115 12/14/2023 23605E&O INC 1123026 ENGINEERING& LAND SURVEY SVCS: PW -CIP $1,644.25 301162 12/20/2023 2360 SB&O INC 1123030 DESIGN, ENVIRO & SURVEY SVS: PW-CIP $1,346.00 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 301162 12/20/2023 2360 SB&OINC 1123031 ENGINEEIRNG &SURVEY SVCS: PWSW02-02 $427.25 301115 12/14/2023 2360 5B&O INC 1123027 ENGINEERING &SURVEY SVCS: PW-CIP, PW22-16 $104.00 301019 11/30/2023 3414 EE # 565 Reimb: Cal Cities REIMB: CAL CITIES CONFERENCE $25.52 301020 11/30/2023 2817 SCP DISTRIBUTORS LLC AL508993 POOL SUPPLIES: AQUATICS $795.98 301020 11/30/2023 2817 SCP DISTRIBUTORS LLC AL509079 POOL SUPPLIES: AQUATICS ($150.00) 301116 12/14/2023 1896 SEASIDE ICE LLC 1797 SKATING RINK IN OLD TOWN $19,042.50 301117 12/14/2023 2929 SEAVCOINC 20230801 VEHICLE REPAIR & MAINTENANCE: TEM SHERIFF $875.56 601084 12/12/2023 2266 EE#529 12/07/23 REIMB: PRSC COMMISSION $85.00 600972 11/30/2023 1509 SHERRY BERRY MUSIC PERF: 11/10/23 STAND UP COMEDY 11/10/23 $1,235.00 600972 11/30/2023 1509 SHERRY BERRY MUSIC PERF:11/09/23 JAll @ THE MERC 11/09/23 $775.00 600972 11/30/2023 1509 SHERRY BERRY MUSIC PERF:11/16/23 JAZZ @ THE MERC 11/16/23 $493.50 601085 12/12/2023 1509 SHERRY BERRY MUSIC PERF:11/30/23 TICKET SERVICES AGREEMENT:JAll@THE MERC 11/30/23 $273.00 301021 11/30/2023 1787 SHRED IT US JV LLC 8005342029 SHRED SERVICES: CITYWIDE $269.54 301118 12/14/2023 1787 SHRED IT US JV LLC 8005342225 DOCUMENT SHREDDING: PD $46.58 601086 12/12/2023 2425 SIEMENS MOBILITY INC, YUNEX LLC 5610000682 LIGHT POLE REPLACEMENT: PW $1,819.30 601159 12/21/2023 1780 SILVERMAN ENTERPRISES INC 1902 SECURITY SVCS: ROTATION PARKS $5,644.25 600973 11/30/2023 1780 SILVERMAN ENTERPRISES INC 1890 SECURITY SVCS: ROTATION PARKS $2,702.75 601087 12/12/2023 1780 SILVERMAN ENTERPRISES INC 1891 SECURITY SVCS: ROTATION PARKS $668.80 601159 12/21/2023 1780 SILVERMAN ENTERPRISES INC 1901 SECURITY SVCS: SPECIAL EVENTS: TCSD $350.40 601088 12/12/2023 2510 SINGH GROUP INC 42423 ENCAMPMENT CLEAN UP: TCSD $6,035.00 601088 12/12/2023 2510 SINGH GROUP INC 42422 ENCAMPMENT CLEAN UP: TCSD $6,010.00 601022 12/07/2023 3170 SMER RESEARCH 1 LLC 50023 OCT SOLAR GENERATION: VARI LOCATIONS $31,590.68 601089 12/12/2023 2217 SOCIAL WORK ACTION GROUP 11302023A OUTREACH SERVICES $30,370.00 601089 12/12/2023 2217 SOCIAL WORK ACTION GROUP 11302023E OUTREACH SERVICES $9,166.67 301119 12/14/2023 1153 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 4261793 FY 23/24 OPERATING FEES: FOC $504.91 301119 12/14/2023 1153 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 4265015 FY23/24 FLAT EMISSIONS FEE: FOC $160.35 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290145 ROUTINE PEST CONTROL: FACILITIES: PW $123.00 601160 12/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290137 ROUTINE PEST CONTROL: FACILITIES: PW $120.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290273 PEST CONTROL SVCS: PARKS: PW $95.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289897 EMERGENCY PEST CONTROL SVCS: PARKS: PW $94.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289840 BEE SERVICE, SENIOR CENTER PW $94.00 601160 12/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290346 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290144 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289413 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289206 ROUTINE PEST CONTROL: FACILITIES: PW $90.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290225 PEST CONTROL SERVICES: FIRE STATIONS $80.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289281 PEST CONTROL SERVICES: FIRE STATIONS $80.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289913 PEST CONTROL SERVICES: FIRE STATIONS $74.00 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290074 PEST CONTROL SVCS: PARKS: PW $70.00 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290220 PEST CONTROL SERVICES: FIRE STATIONS $68.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289659 ROUTINE PEST CONTROL: FACILITIES: PW $59.00 601160 12/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290135 ROUTINE PEST CONTROL: FACILITIES: PW $56.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289190 ROUTINE PEST CONTROL: FACILITIES: PW $56.00 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290180 PEST CONTROL SVCS: PARKS: PW $49.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290674 PEST CONTROL SVCS: PARKS: PW $49.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289532 PEST CONTROL SVCS: PARKS: PW $49.00 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290419 ROUTINE PEST CONTROL: FACILITIES: PW $42.00 601090 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290222 PEST CONTROL SERVICES: FIRE STATIONS $42.00 601160 12/21/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290370 ROUTINE PEST CONTROL: FACILITIES: PW $40.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289436 ROUTINE PEST CONTROL: FACILITIES: PW $40.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289189 ROUTINE PEST CONTROL: FACILITIES: PW $36.00 601091 12/12/2023 1055 SOUTH COUNTY PEST CONTROL INC 0290128 ROUTINE PEST CONTROL: FACILITIES: PW $32.00 601023 12/07/2023 1055 SOUTH COUNTY PEST CONTROL INC 0289589 ROUTINE PEST CONTROL: FACILITIES: PW $29.00 301120 12/14/2023 1704 SOUTHERN CALIFORNIA TELEPHONE COMPANY 45949231201 DEC GEN USAGE: 0141,0839,0978,0979 $283.61 301022 11/30/2023 1513 SOUTHWEST WOMENS CHORUS PERF: 11/19/23 FALL FOLLIES 11/19/23 $2,296.64 301163 12/20/2023 1513 SOUTHWEST WOMENS CHORUS 12/18/23 PERFORMING ARTS AGREEMENT 12-9: CULTURE DAY PERF $200.00 301164 12/20/2023 3211 SPANISH BRASS PERF:01/13/24 PERFORMANCE: THEATER: TCSD $6,400.00 6010902 12/12/2023 19715PERO VINEYARDS INC FY 23/24 CSF COMMUNITY SERVICE FUNDING REINVESTMENT $37,000.00 301023 11/30/2023 3310 SPORTS FACILITIES GROUP INC A16281 SCOREBOARD REPAIR AT BIRDSALL SPORTS PARK: PW $675.00 600974 11/30/2023 2279 SPRUCE & GANDER 3182-Deposit pmt 2 SOLE SOURCE -TREE GRATES, PWOT-03-01 $11,886.53 301165 12/20/2023 1431 STANDARD INSURANCE COMPANY Ben349864 BASIC LIFE INSURANCE PAYMENT $12,168.15 301166 12/20/2023 1708 STANDARD INSURANCE COMPANY Ben349870 VOLUNTARY SUPP LIFE INSURANCE PAYMENT $1,806.38 301024 11/30/2023 1452 STAPLES BUSINESS CREDIT 7619447924-0-1 MISC OFFICE SUPPLIES: MPSC: TCSD $1,106.93 301024 11/30/2023 1452 STAPLES BUSINESS CREDIT 7619447924-0-2 MISC OFFICE SUPPLIES: MPSC: TCSD $194.40 301121 12/14/2023 1452 STAPLES BUSINESS CREDIT 7620313465-0-1 MISC OFFICE SUPPLIES: MPSC: TCSD $117.62 301024 11/30/2023 1452 STAPLES BUSINESS CREDIT 7619512096-0-1 MISC OFFICE SUPPLIES: LIBRARY: TCSD $74.54 301121 12/14/2023 1452 STAPLES BUSINESS CREDIT 7620683450-0-1 MISC OFFICE SUPPLIES: MPSC: TCSD $46.01 301121 12/14/2023 1452 STAPLES BUSINESS CREDIT 7620455096-0-1 MISC OFFICE SUPPLIES: PW $40.53 301024 11/30/2023 1452 STAPLES BUSINESS CREDIT 7619447924-0-3 MISC OFFICE SUPPLIES: MPSC: TCSD $20.00 301024 11/30/2023 1452 STAPLES BUSINESS CREDIT 7617490058-1-1 MISC OFFICE SUPPLIES: PW ($56.76) 601024 12/07/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 697423 BLOOD/ ALCOHOL ANALYSIS $910.00 600975 11/30/2023 1263 STATE OF CALIFORNIA DEPARTMENT OF JUSTICE 697537 JUL BLOOD & ALCOHOL ANALYSIS: PD $105.00 301050 12/07/2023 1179 STATE WATER RESOURCES CONTROL BOARD SW-0274404 STORM WATER PERMIT: NPDES: PW $44,169.00 301167 12/20/2023 2391 STATEWIDE TRAFFIC SAFETY AND SIGNS INC 13010088 MESSAGE BOARDS FOR PARADE: TCSD $6,400.00 301122 12/14/2023 2016 STC TRAFFIC INC 6611 FIBER OPTIC COMMUNICATIONS SYSTEMS $16,645.00 301025 11/30/2023 1912 STEIN ANDREW 29333 CRC STAFF FANNY PACKS $459.16 601161 12/21/2023 1376 STENO SOLUTIONS TRANSCRIPTION SERVICES INC 43696 TRANSCRIPTION SVCS: TEM SHERIFF $134.28 301026 11/30/2023 1112 STRAIGHT LINE GLASS AND MIRROR COMPANY INC 250230 SERVICE WINDOW INSTALLAT COMMUNITY REC CENTER $2,902.40 601093 12/12/2023 1231 STRONG GARY 12/06/23 PAINTING CODE ENF OFC SPACE: PW $2,500.00 600976 11/30/2023 1495 STURDIVANT ANGELA P 3205.203 TCSD INSTRUCTOR EARNINGS $310.80 301123 12/14/2023 1445 SUN CITY GRANITE INC 27619 PATH OF HONOR ENGRAVING ATTEMECULA DUCK POND $3,623.55 301124 12/14/2023 1453 SUNBELT RENTALS INC 147758497-0001 LIGHTTOWER/ POWER RENTALS: TCSD $5,608.14 301124 12/14/2023 1453 SUNBELT RENTALS INC 147828006-0001 LIGHTTOWER/ POWER RENTALS: TCSD $4,275.00 301124 12/14/2023 1453 SUNBELT RENTALS INC 147779635-0001 LIGHTTOWER/ POWER RENTALS: TCSD $3,401.63 301124 12/14/2023 1453 SUNBELT RENTALS INC 147761708-0001 LIGHTTOWER/ POWER RENTALS: TCSD $2,975.25 301168 12/20/2023 1453 SUNBELT RENTALS INC 147777666-0001 LIGHTTOWER/ POWER RENTALS: TCSD $2,288.71 Check # Check Date Vendor # Vendor Invoice # Description Invoice Net 301168 12/20/2023 1453 SUNBELT RENTALS INC 147814614-0001 LIGHTTOWER/ POWER RENTALS: TCSD $2,185.86 301168 12/20/2023 1453 SUNBELT RENTALS INC 147825807-0001 LIGHTTOWER/ POWER RENTALS: TCSD $1,373.82 301168 12/20/2023 1453 SUNBELT RENTALS INC 147825926-0001 LIGHTTOWER/ POWER RENTALS: TCSD $1,373.82 301124 12/14/2023 1453 SUNBELT RENTALS INC 147809238-0001 LIGHTTOWER/ POWER RENTALS: TCSD $892.64 301169 12/20/2023 3480 SUTTON CHRISTOPHER 63374419 REFUND: SECURITY DEPOSIT $200.00 601025 12/07/2023 1081 SWARCO MCCAIN INC INV0276651 TRAFFIC CABINET, PW TRAFFIC MAINTENANCE $13,767.79 601094 12/12/2023 1081 SWARCO MCCAIN INC INV0276876 TRAFFIC SIGNAL PARTS: PW $2,863.42 301170 12/20/2023 3106 SWCA INCORPORATED 184057 SWAC ENVIRONMENTAL CONSULTANTS(LR-21-1331) $20,559.39 301027 11/30/2023 3106 SWCA INCORPORATED 181979 SWAC ENVIRONMENTAL CONSULTANTS(LR-21-1331) $19,355.01 301027 11/30/2023 3106 SWCA INCORPORATED 176850 SWAG ENVIRONMENTAL CONSULTANTS(LR-21-1331) $15,795.00 301125 12/14/2023 2261 T MOBILE USA INC 9552416689 GPS LOCATE: TEM SHERIFF $125.00 301125 12/14/2023 2261 T MOBILE USA INC 9552416688 GPS LOCATE: TEM SHERIFF $100.00 301125 12/14/2023 2261 T MOBILE USA INC 9552544856 TIMING ADVANCE: TEM SHERIFF $75.00 301051 12/07/2023 1212 T Y LIN INTERNATIONAL 102311201 I-15/ FRENCH VALLEY PARKWAY IMPROV $32,050.72 301126 12/14/2023 3266 TAGGART COLLEEN REIMB: 11/21/23 REIMB: CNOATRAINING CONF: 11/17-11/21: PD $446.47 601095 12/12/2023 1113 TEAMSTERS LOCAL 911 Ben349868 UNION MEMBERSHIP DUES: PAYMENT $5,074.00 301128 12/14/2023 1215 TEMECULA MOTORSPORTS LLC 2084537 CART 12 EQUIPMENT: RACK $1,589.90 301128 12/14/2023 1215 TEMECULA MOTORSPORTS LLC 2084536 CART 12 EQUIPMENT: RACK $547.14 301028 11/30/2023 1546 TEMECULA PERFORMING ARTS CO PERF: 11/4-11/12 NUTCRACKER THE MOUSICAL 11/4-11/12 $9,316.42 600977 11/30/2023 1914 TEMECULA VALLEY BACKFLOW INC 45359 BACKFLOW REPAIRS ATVARIOUS PARKS: PW $3,950.50 600977 11/30/2023 1914 TEMECULA VALLEY BACKFLOW INC 46323 BACKFLOW TESTING AT HARVESTON SPORTS PARK $1,300.00 301171 12/20/2023 1356 TEMECULA VALLEY GARDEN CLUB 63405859 REFUND: SECURITY DEPOSIT $200.00 301172 12/20/2023 1371 TEMECULA VALLEY PLAYHOUSE PERF: 11/30-12/10/23 TICKET SERVICES AGREEMENT: CHRISTMAS CAROL $58,156.65 600969 11/30/2023 1265 TEMECULA VALLEY SECURITY CENTER 54505 LOCKSMITH SERVICES: PD $1,255.00 601020 12/07/2023 1265 TEMECULA VALLEY SECURITY CENTER 54480 LOCKSMITH SERVICES: FACILITY MAINTENANCE $1,139.36 601081 12/12/2023 1265 TEMECULA VALLEY SECURITY CENTER 54575 LOCKSMITH SERVICES: FACILITY MAINTENANCE $483.19 601157 12/21/2023 1265 TEMECULA VALLEY SECURITY CENTER 54582 LOCKSMITH SVCS: VARIOUS LOCATIONS $30.45 601081 12/12/2023 1265 TEMECULA VALLEY SECURITY CENTER 54565 LOCKSMITH SVCS: VARIOUS LOCATIONS $18.00 301029 11/30/2023 1234 TEMECULA WINNELSON COMPANY 29797301 PLUMBING SUPPLIES: PW FACILITIES $189.49 601096 12/12/2023 1232 TERRYBERRY COMPANY P69366 SERVICE RECOGNITION: HR $2,707.00 301147 12/20/2023 1457 THE SPIRIT OF GREAT OAK MARCHING BAND 12/14/23 TRANSPORTATION STIPEND $200.00 301173 12/20/2023 1434 THESSALONIKA FAMILY SERVICES 23/24 CDF COMMUNITY DISCRETIONARY FUNDS $1,000.00 601097 12/12/2023 1936 TIERCE NICHOLAS NTOTTCT-2023-12 GRAPHIC DESIGN: THEATER: TCSD $3,300.00 601098 12/12/2023 1063 TIMMY D PRODUCTIONS INC 23661 DJ/MC/SOUND SERVICES: SPECIAL EVENTS $6,135.00 601099 12/12/2023 2421 TITAN RENTAL GROUP INC 45558 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $7,770.00 601099 12/12/2023 2421 TITAN RENTAL GROUP INC 45556 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $6,432.90 601099 12/12/2023 2421 TITAN RENTAL GROUP INC 45557 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $1,220.03 601099 12/12/2023 2421 TITAN RENTAL GROUP INC 45555 CANOPIES & EQUIP RENTAL: SPECIAL EVENTS: TCSD $646.97 301030 11/30/2023 3135 TK CONSULTING INC 09/25/23 YNEZ ROAD IMPROVEMENTS-PHASEI $87,755.38 601162 12/21/2023 3135 TK CONSULTING INC 5 YNEZ ROAD IMPROVEMENTS -PHASE IMPROV $34,779.45 601100 12/12/2023 1995 TK ELEVATOR CORPORATION 5002294190 CALL OUT SERVICE, CIVIC CENTER ELEVATOR, PW $856.10 301052 12/07/2023 2410 EE #534 12/05/23 REIMB: TEAM PACE $750.00 601101 12/12/2023 2410 EE # 534 12/06/23A REIMB: TEAM PACE $200.00 601101 12/12/2023 2410 EE #534 12/06/23B REIMB: TEAM PACE $29.20 601101 12/12/2023 2410 EE # 534 12/06/23C REIMB: STAFF EVENT $21.74 601163 12/21/2023 2413 TOWNSEND PUBLIC AFFAIRS INC 20807 CONSULTING/GRANT WRITING SVCS: CITY CLERK $6,000.00 601164 12/21/2023 2375 TR DESIGN GROUP INC 4796 ARCHITECTURAL SVCS, CIP-PW, PW19-13, ON-CALLAGRMT $51,298.65 301053 12/07/2023 2508 TURBOSCAPE INC 13781 MISC PLAYGROUND WORK AT VARIOUS PARKS: PW $11,280.00 601026 12/07/2023 1555 TV CONVENTION AND VISITORS BUREAU SEP'23 SEP'23 BUS. IMPRV DISTRICT ASIAN $211,269.75 601027 12/07/2023 1003 TYLER TECHNOLOGIES INC 025-445654 CITY PUBLIC MOBILE APP:IT $7,293.04 600978 11/30/2023 1003 TYLER TECHNOLOGIES INC 045-442849A FINANCIAL SOFTWARE UPGRADE: FINANCE $5,890.84 601102 12/12/2023 1003 TYLER TECHNOLOGIES INC 045-448096 FINANCIAL SOFTWARE UPGRADE: FINANCE $1,400.00 301174 12/20/2023 1350 U S BANK CM-9690 7129430 TRUSTEE ADMIN FEES: CFD 03-02 RORIPAUGH $2,670.00 301174 12/20/2023 1350 U S BANK CM-9690 7129372 TRUSTEE ADMIN FEES: CFD 01-2 HARVESTON $2,365.00 301175 12/20/2023 3222 ULTRA SHINE INC 1628A JANITORIAL SVCS FACILITIES MAINT $25,655.73 301129 12/14/2023 3222 ULTRA SHINE INC 1689E JANITORIAL SVCS FACILITIES MAINT: PD $881.21 301031 11/30/2023 3222 ULTRA SHINE INC 1631 JANITORIAL SVCS FACILITIES MAINT $827.80 301175 12/20/2023 3222 ULTRA SHINE INC 1628C JANITORIAL SVCS FACILITIES MAINT $719.83 301031 11/30/2023 3222 ULTRA SHINE INC 1632 JANITORIAL SVCS FACILITIES MAINT $480.66 601103 12/12/2023 1432 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNId 1120230736 NOV DIG SAFE BRD BILLABLE TIX: PW $325.00 601103 12/12/2023 1432 UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNI, 23-241988 NOV DIG SAFE BILLABLE TIX: PW $87.04 301130 12/14/2023 1131 UNITED RENTALS NORTH AMERICA INC 226666421-002 FORKLIFT RENTAL, PARKING GARAGE $1,354.30 301176 12/20/2023 1467 VALLEY OF THE MIST QUILTERS 63405827 REFUND: SECURITY DEPOSIT $200.00 600979 11/30/2023 2941 VAN OTTERLOO INC 178439 VEHICLE MAINTENANCE -STREET MAINTENANCE $3,429.81 601165 12/21/2023 2941 VAN OTTERLOO INC 178456 VEHICLE MAINTENANCE -STREET MAINTENANCE $350.67 301032 11/30/2023 1845 VERIZON WIRELESS 9948957823 10/11-11/10TASK FORCE TABLETS: POLICE $444.32 301177 12/20/2023 2060 VETERANS SUPPLEMENTAL SUPPORT NETWORK FY 23/24 CSF COMMUNITY SERVICE FUNDING REINVESTMENT $5,000.00 601028 12/07/2023 2197 VOICES FOR CHILDREN JUL-SEP'23 CDBG REIMBURSEMENT: JUL-SEP'23 $1,595.00 601104 12/12/2023 2034 WADDLETON JEFFREY L 1181 JEFF WADDLETON DJ/MC- SPECIAL EVENTS $1,125.00 601104 12/12/2023 2034 WADDLETON JEFFREY L 1180 JEFF WADDLETON DJ/MC- SPECIAL EVENTS $525.00 600980 11/30/2023 2034 WADDLETON JEFFREY L 1179 MC SVCS SKATE PARK JAMS: TCSD $525.00 301131 12/14/2023 1439 WALMART 12/07/23 MISC SUPPLIES/EQUIP: MRC: TCSD $537.58 301033 11/30/2023 1439 WALMART 11/16/23 MISC SUPPLIES: THEATER: TCSD $404.30 301131 12/14/2023 1439 WALMART 12/07/23B MISC SUPPLIES: RESPONSIBLE COMPASSION: TCSD $261.68 301033 11/30/2023 1439 WALMART 11/20/23 MISC SUPPLIES: CRC: TCSD $130.75 301178 12/20/2023 1439 WALMART 12/13/23 MISC SUPPLIES: CRC: TCSD $127.85 301033 11/30/2023 1439 WALMART 11/13/23 MISC SUPPLIES: CRC: TCSD $120.20 301131 12/14/2023 1439 WALMART 12/04/23 MISC SUPPLIES: CRC: TCSD $118.19 301178 12/20/2023 1439 WALMART 12/13/23B MISC SUPPLIES: TVM: TCSD $89.46 301131 12/14/2023 1439 WALMART 12/06/23 MISC SUPPLIES: SPECIAL EVENTS: TCSD $80.00 301178 12/20/2023 1439 WALMART 12/15/23 MISC SUPPLIES: TCC: TCSD $60.85 301033 11/30/2023 1439 WALMART 11/14/23 MISC SUPPLIES: TCC: TCSD $55.75 301132 12/14/2023 1102 WAXIE SANITARY SUPPLY INC 82102767 JANITORIAL SUPPLIES: PARKS $7,051.19 301034 11/30/2023 1102 WAXIE SANITARY SUPPLY INC 82118722 JANITORIAL SVCS FACILITY MAINT: PW $1,913.35 301034 11/30/2023 1102 WAXIE SANITARY SUPPLY INC 82118617 JANITORIAL SVCS FACILITY MAINT: PW $117.45 301035 11/30/2023 2230 WEBB MUNICIPAL FINANCE LLC ARIV0000032 ANNEXATION SVCS (SOMMERS BEND): PW $5,000.00 Check a Check Date Vendor p Vendor Invoice p Description Invoice Net 301035 11/30/2023 2230 WEBB MUNICIPAL FINANCE LLC ARIV0000041 ANNEXATION SVCS (SOMMERS BEND): PW $1,432.32 601166 12/21/2023 3318 WEILAND DESIGN GROUP INC 23-050 k1 LANDSCAPE CONCEPT PLAN/DESIGN: PARKS: PW $1,155.00 301036 11/30/2023 1474 WES FLOWERS 408028/1 SUNSHINE FUND $97.86 301133 12/14/2023 1033 WEST PUBLISHING CORPORATION 849362242 SOFTWARE SUBSCRIPTION: PD $1,179.86 601063 12/12/2023 1757 WEST SAFETY SERVICES, INC. 6080517 OCT ENTERPRISES 911 SVC: INFO TECH $300.00 601006 12/07/2023 1757 WEST SAFETY SERVICES, INC. 6079787 SEP ENTERPRISES 911 SVC: INFO TECH $300.00 301037 11/30/2023 1059 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 1631 FY 23/24 AGENCY MEMBERSHIP DUES $13,424.45 301179 12/20/2023 1059 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS 1611 FY 23/24 AB939 DUES/SOLID WASTE CO-OP $12,332.22 301134 12/14/2023 2322 WEX BANK 93724239 11/07-12/06 FUEL USAGE: POLICE $2,358.65 601029 12/07/2023 1034 WILLDAN ASSOCIATES INC 00626665 TRAFFIC ENG SRVCS: PW-TRAFFIC $388.00 301038 11/30/2023 3146 WINSUPPLYVISTA CA CO 13279001 ELECTRICAL SUPPLIES, SENIOR CENTER $1,115.83 301180 12/20/2023 1973 WOHLFORD CHAD TYLER 17 USER FEE STUDY $1,450.00 301039 11/30/2023 1178 WSP USA INC 1367569 CLIMATE ACTION PLAN LR23-0083 $5,899.91 Total $12,863,253.80 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Adopt Ordinance No. 2023-14 Amending Title 16 and 17 of the Temecula Municipal Code to Implement the Requirements of Senate Bill 9 (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 2023-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 2023-14 was first introduced at the regularly scheduled meeting of December 12, 2023. FISCAL IMPACT: None ATTACHMENTS: Ordinance No. 2023-14 PROPOSED ORDINANCE NO.2023-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and clarifications to portions of Title 17 (Zoning) of the Temecula Municipal Code. B. The code amendments are being made to ensure the Temecula Municipal Code is amended in conformity with the housing programs that the City committed to when it adopted the 2021-2028 Housing Element and amendments needed to conform to changes in State law. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On November 15, 2023, the Temecula Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2023-22 recommending approval of the Ordinance by the City Council. C. On December 12, 2023, the City Council, at a regular meeting, considered the Ordinance at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; a. On September 16, 2021, Senate Bill 9 (Chapter 162, Statutes of 2021) was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 66452.6 of the California Government Code and adding to the Government Code Sections 65852.21 and 66411.7, allowing additional housing units on properties within single-family zones and providing for parcel map approval of an Urban Lot Split. Whenever there is a conflict between a state law and a local ordinance, the state law has precedence and must be obeyed. B. The use is in conformance with the goals, policies, programs, and guidelines of the elements of the general plan; and a. Land Use Element Policy 1.2 Promote the use of innovative site planning techniques that contribute to development of a variety of residential product styles and designs, including housing suitable for the community's labor force. b. c. Housing Element Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein. a. Housing Element Policy 3.3 Periodically review City development standards to ensure consistency with the General Plan and to ensure high -quality affordable housing. Section 4. A new Section 17.06.120 (Urban Lot Split) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Section 17.06.120 SB 9 Two Unit Development A. Purpose and Applicability. On condition that Government Code Section 65852.21 is not repealed, the purpose of this section is to allow and appropriately regulate SB 9 two unit developments in accordance with Government Code Section 65852.21. If Government Code Section 65852.21 is repealed, then this Section 17.06.120 shall automatically become null and N void. Development applications that do not satisfy the definition for a SB 9 two unit development provided below in Section B shall not be subject to this ordinance. B. Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply. 1. "Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code section 65852.2, as the same may be amended from time to time. Accessory dwelling unit includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007. 2. "Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. A junior accessory dwelling unit contains at least an efficiency kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher. 3. "Objective design standards" mean design standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. 4. "Primary dwelling unit" or "Primary dwelling" for the purposes of this section, means the existing or proposed single-family dwelling on the lot where an ADU would be located. For the purposes of this section, a primary dwelling unit may include a duplex unit. 5. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code. 6. "SB 9 two unit development" means a housing development containing no more than two primary residential units within a single family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit. 7. "Substantial redevelopment" means when a development project proposes that an existing structure is either completely demolished or when more than twenty five (25) percent of any of the following is removed: 1) load bearing or structural walls, 2) roof or roof frame, or 3) foundation. 8. "Urban Lot Split" means a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. C. General Requirements and Restrictions. 1. Short Term Rental Prohibited. Short term rental units are not permitted within the City of Temecula, per Table 17.06.030 (Residential Districts). Any unit constructed under this section shall not be rented for less than 31 days. 2. Prohibited Development. A SB 9 two unit development as described in this section shall be prohibited in the following locations and circumstances, pursuant to State Law and as specified below: a) Historic Resources. On a lot located within property located in the State Historic Resource Inventory, as defined in Section 5020.1 of the Public Resources Code, or on a lot identified in Table III-1, Historic Buildings and Structures Outside of Old Town as identified in the Old Town Specific Plan. b) Prime farmland or farmland of statewide importance. On Prime farmland or farmland of statewide importance, as defined pursuant to United State Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation. c) Wetlands. In wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). d) Deed Restrictions. On a lot with a recorded affordability covenant or any other form of rent or price control through a public entity's valid exercise of its police power. e) High and Very High Fire Hazard Severity Zone. On a lot located within a Very High Fire Hazard Severity Zone as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a High or Very High Fire Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code 4202. This exception does not apply to sites excluded from the specified hazard zones by the City pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. No variance, minor exception, or modification to any Fire Code requirements or high fire construction standards shall be permitted, without exception. f) Tenant Housing. On a lot improved with a housing unit that has been occupied at any time by a tenant within the last three years. g) Nonconforming Development. Single family zoned lots already developed with two or more existing residential units, nonresidential units, or mixed -use, shall not use the provisions of this section to add residential units, or make any other alterations to the buildings or site otherwise prohibited by this title, unless the development complies with all of the standards of this section. 4 h) Hazardous Waste Site. On a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Toxic Substances Control has cleared the site for residential use or residential mixed use, or the site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section 25295.10(g) based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses.. i) Fault Zone. In a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. j) Flood Zone. In a special flood hazard area subject to inundation by the 1 percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency ("FEMA") in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: ( 1) the site has been subject to a Letter of Map Revision prepared by the FEMA and issued to the City, or (2) the site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 ( commencing with Section 59. 1) and Part 60 (commencing with Section 60. 1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. k) Regulatory Floodway. Within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the development has received a no - rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. 1) Conserved Lands. On lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S. C. Sec. 1531 et seq.), or other adopted natural resource protection plan. m) Conservation easement. Lands under a conservation easement. n) Protected Habitat. On any parcel identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). 3. Substantial Redevelopment. A SB 9 two unit development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building. 4. Accessory Buildings Allowed. Residential accessory buildings, such as garages and sheds, may be permitted concurrently or after a SB 9 two -unit development, pursuant to Temecula Municipal Code Section 17.06.050(D), Accessory Structures and Uses. Accessory structures are required to comply with the lot coverage limitations specified in the properties zoning designation. D. Unit Configuration and Quantity. 1. This section allows for the construction of up to four units maximum per eligible single- family zoned parcel. This maximum shall apply whether an urban lot split is proposed or not, including existing and proposed dwellings, in the following combinations: a) Without Urban Lot Split — 4 units maximum per existing parcel: (1) 2 primary dwellings and 2 ADU's; or (2) 2 primary dwellings and 1 ADU and 1 JADU b) With Urban Lot Split — 2 units maximum on each parcel (4 maximum total): (1) 2 primary dwellings per parcel; (2) 1 primary dwelling and 1 ADU per parcel; (3) 1 primary dwelling and 1 JADU; (4) 1 primary dwelling per parcel, or (5) 1 primary dwelling on 1 parcel and 1 vacant parcel. 2. The graphic below is a visual representation of the information above and is meant to serve as a guide only and is not an exclusive list of potential options of development. Illustrations are based on a preliminary analysis of the low. Details are subject to change and are for informational purposes only. VACANT LOT Al EXISTING Na units A2 ADD UNITS, NO LOT SPLIT ADD UNITS, LOT SPLIT &&a Up to 2 units .t ADU & -1 JADUs A3 i Up to 4 total units LOT WITH SINGLE-FAMILY HOME Bt I unit B2 Up to 2 units ,I ADU & ,t JADUS 133 Up to 4 total units LOT WITH SINGLE-FAMILY HOME AND AN ADU C1 gilr_ I unit I ADUlJAM C2 I Can add 2 addtt. units II must be an JADU) C3 i i Up to 4 total units LOT WITH SINGLE-FAMILY HOME, AN ADU AND A JADU D1 1 unit I JADU & . I ADU D2 Can add 1 addtf. unit D3 ilk Up to 4 total units For parcels with non conforming buildings please check with Department of Running & Development on the requirements for 58 9 to be utilized for building new units. USING SB 9 WITHOUT A LOT SPLIT: USING SB 9 WITH A LOT SPLIT: e Without a lot split, two primary units and up to • SH 9 does not require jurisdictions rmmmm�� 2 new ADUs/JADUs can be built. to approve more than 4 units total, SB 9 can be used to develop single including any ADUs/JADUs. units - but projects must comply • Future subdivision prohibited. with all SB 9 requirements. E. Qualifying SB 9 Two Unit Development. Qualifying SB 9 two unit developments shall comply with the following: 1. Zoning Requirements. All development proposed under this title is limited to residentially zoned parcels which permit single family residential development within the City. 2. Building Height. The height of residential units constructed under this section shall be limited as follows: a) In no case shall any building height exceed the limit set in the applicable zoning district. 3. Windows. All upper story windows shall be: a) Clerestory; or b) Six-foot minimum sill height above finished floor; or c) Constructed of opaque or frosted glass from the manufacturer, a window film or covering applied after manufacture does not satisfy this requirement. 4. Fencing. Fencing shall be compliant with Section 17.06.050(I), Fences, Hedges and Walls. 7 5. Floor Area Ratio and Lot Coverage. a) The maximum Floor Area Ratio (FAR) and lot coverage shall be as specified by the applicable zoning regulations. 6. Grading. All grading activity shall be compliant with Chapter 18.06, Grading Permit, Application and Requirements. 7. Landscaping Requirements. All landscaping installed shall comply with Chapter 17.32, Water Efficient Landscape Design. 8. Roof Decks or Patios. No roof decks or patios at or above the eaves of a residence are permitted. 9. Lighting. All exterior lighting shall be fully shielded and facing downward to prevent light pollution on adjacent properties and shall be in compliance with Riverside County Ordinance No. 655 (Palomar Observatory Light Pollution Ordinance). No up lighting of any kind or intensity is permitted. 10. Trees. Any proposed development shall comply with the requirements for Heritage Trees specified in Chapter 8.48, Heritage Tree Ordinance. 11. Minimum Unit Size. The minimum living area of a dwelling unit constructed under this section shall be one hundred and fifty (150) square feet, subject to the restrictions specified in Health and Safety Code Section 17958.1. 12. Maximum Unit Size. There is no maximum unit size for two Primary Dwelling Units as required by SB9 except as limited by setbacks and lot coverage of the zoning district. Any other units beside the two Primary Dwelling Units shall be one thousand two hundred (1,200) square feet maximum size. This shall not include enclosed parking spaces or private open space at the front or rear of the unit. 13. Parking. Parking shall be provided as follows: a) One off street automobile parking space, covered or uncovered, is required for each unit within a SB 9 two unit development. b) No parking is required if the property is located within one-half mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one block of the parcel. c) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which may be covered or uncovered, must be provided for each unit, unless the project is exempt from replacement parking requirements pursuant to Government Code Section 65852.2. d) Tandem Parking. Tandem parking spaces shall be allowed to meet the minimum parking requirements. e) Bicycle Parking. If each residential unit does not have access to a fully enclosed automobile parking space inside a garage, one long-term bicycle parking space shall be provided for each unit. f) Parking Location. Required parking must be on the same parcel as the residential unit which caused the required parking space to be constructed. g) Parking and Driveway Dimensions. All driveways and parking proposed shall be in compliance with Section 17.24.050, Parking facility and layout and dimensions. h) Paving Material. All paving materials shall be compliant with Section 18.15.120, Asphalt Concrete Pavement. 14. Building Separation. No detached habitable building shall be closer than ten (10) feet to any other habitable building on the same lot. 15. Setbacks. SB 9 two unit developments shall comply with the following setback requirements: a) All residential structures in a SB 9 two unit development shall comply with the front yard setback standards of the parcels zoning district as specified in Table 17.06.040, Development Standards — Residential Districts. (1) Interior side and rear yard setbacks shall be four feet minimum. b) All accessory structures in a SB 9 two unit development shall comply with the setback standards of the parcels zoning district as specified in Table 17.06.050(A) — Accessory Structures Setbacks (1) Accessory structures are required to maintain a minimum six foot separation from other structures. 16. Stormwater Management. The development must comply with the City's Stormwater Runoff requirements pursuant to Chapter 8.28, Stormwater and Urban Runoff Management and Discharge. 17. Utilities. SB 9 two unit developments shall be designed as individual units and shall have individual meters for utilities at each unit. a) Prior to issuance of a building permit for the construction of a residential unit under this section, the applicant shall provide written verification from the water and wastewater utility provider(s) that adequate capacity is available. b) All utility owned equipment shall be incorporated into the design of the site. c) Privately owned equipment such as window, roof or other cooling/heating devices shall be screened from the public view, as seen from the public right-of-way. 18. Onsite Wastewater Treatment Systems (OWTS). OWTS are systems that are sometimes commonly referred to as "septic systems," and all development under this section that proposes the use of OWTS shall comply with Riverside County requirements for OWTS as specified in Riverside County Municipal Code Chapter 8.124, Sewage Discharges. A percolation test shall be provided to the City at the time of application, to the satisfaction of the Director of Public Works, if a new or expanded OWTS is proposed or required. F. Design Review Standards. 1. Duplex. All duplex residential development shall comply with the City's objective design standards in accordance with Section 17.06.090. 2. Single family residences. All single-family residences shall be subject to the following architectural design criteria, or any other adopted objective designs standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Director of Community Development. a) Roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited. b) Roof tiles shall match the materials and colors of the existing residential unit. If a vacant parcel is to be developed, the roof tiles shall match roof material and color. c) If a garage is converted to a new residential unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering to include paint and material color and detail. d) Design Style. Additions or new construction shall comply with the following: (1) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including, but not limited to, siding, windows, doors, roofing, light fixtures, hardware and railings. (2) If single family residential development is proposed on a parcel where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes G. Development Impact Fees (DIF). Residential structures developed under this section shall be subject to DIF per City Council Resolution No. 03-63, as may be amended from time to time H. Denial. The Building Official may deny an application for an S139 Development Project upon making both of the following findings in writing based upon a preponderance of evidence: 10 1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. I. Covenant. Prior to the issuance of a building permit for the development of an SB 9 two - unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following: 1. That the proposed SB 9 two unit development would not require or authorize demolition or alteration of any of the following types of housing: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income (2) Housing that has been occupied by a tenant in the last three years. 2. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; and 3. The parcel is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 4. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official. J. The standards in this Section shall not be enforceable should they preclude the construction of up to two eight hundred (800) square foot units on a single lot. K. Sunset Clause. If SB 9 is repealed or otherwise rescinded by the California Legislature or by the People of the State of California, this Section shall be repealed. Section 5. A new Chapter 16.59 (Urban Lot Split) is hereby added to Title 16 (Subdivisions) of the Temecula Municipal Code to read as follows: M "Chapter 16.59 URBAN LOT SPLIT Section 16.59.010 — Purpose and Applicability Section 16.59.020 — Definitions Section 16.59.030 - Application and Approval Section 16.59.040 — Design and Improvement Requirements Section 16.59.050 — Access Standards Section 16.59.060 — Map Requirements Section 16.59.070 — Concurrent Processing with other Ministerial Permits Section 16.59.010 Purnose and Annlicability. A. The purpose of this section is to allow for voluntary application(s) for Urban Lot Splits. On condition that Government Code Section 66411.7 is not repealed, qualifying Urban Lot Split in single family residential zones shall be developed in accordance with this Section. Section 16.59.020 Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply. A. "Flag lot" means a lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this development code for lot width, but having a dimension of at least twenty (20) feet at its narrowest point. B. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code. C. "Urban Lot Split" shall mean a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. Section 16.59.030 Application and Approval. B. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444-66450 and this chapter, and submitted for approval to the City Engineer. A fee in the amount established by the City Council resolution must be paid concurrently with the submission of the parcel map. 1. A registered civil engineer may prepare the tentative parcel map however, the final parcel map must be signed by a licensed land surveyor. 12 C. The City Engineer is the approval authority for parcel maps under this chapter. The City Engineer shall approve a parcel map for an urban lot split if the City Engineer determines that it meets all of the requirements of this chapter. D. The City Engineer shall not approve an urban lot split for a parcel: 1 That is located within any of the prohibited areas identified in Section 17.06.120(C)(2); 2. If the proposed urban lot split would require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; (iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; or (iv) Housing that has been occupied by a tenant in the last three years. 3. The parcel is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. E. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law: 1. A map of appropriate size and to scale showing all of the following: a) Total area (in acreage and square feet) of each proposed lot; b) Location and dimensions of existing and proposed property lines; c) Zoning district; d) The location and use of all existing and proposed structures; e) All required zoning setbacks for the existing and proposed lots; f) The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, telephone, cable, systems, or easements; 13 g) The location of all proposed new water, sewer, storm drain, lines, pipes, telephone, cable, or systems; h) The location of any proposed easements for access or public utilities to serve a lot created by the subdivision; i) The location of all trees, their species and their Diameter at Breast Height (DBH); j) Any area of the parcel that has a slope of 15% or greater by way of contours at 2- foot intervals; k) Any area of the parcel that is a watercourse as defined in Section 895.1 of Title 14 of the California Code of Regulations; 1) Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel; m) Curb, gutter, sidewalk, parkway, and street trees; type, location and dimensions; n) Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); o) Location of existing or proposed pedestrian pathway access to the public right-of- way; p) Setbacks of structures, pools or spas on adjacent parcels that are less than 5 feet from the property line; and q) Location of non -utility easements including but not limited to access easements, maintenance easements, and similar easements for the access and/or maintenance of surrounding residential development. F. Prior to approval of a parcel map for an urban lot split, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following: 1. That the proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income (2) Housing that has been occupied by a tenant in the last three years. 2. The parcel has not been established through prior exercise of an urban lot split under this chapter; 14 3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this chapter; 4. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map; 5. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; 6. The uses allowed on a lot created by the parcel map shall be limited to residential uses; 7. Primary dwelling units located on the same lot are prohibited from being owned or conveyed separately from one another; 8. No more than two dwelling units of any kind shall be constructed or maintained on a lot that results from an urban lot split; 9. No subsequent urban lot split for lots that were previously created by an urban lot split under SB 9 are allowed; and 11. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official. Section 16.59.040 Design and Improvement Requirements. A. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet. The following areas are excluded from the calculation of lot area for the purposes of this subdivision: 1. Any area on the property that would not allow a permanent residential structure be constructed or placed upon the area due to easements, or any other form of recorded restriction that presently exists and which would be created by the proposed subdivision. B. Each parcel must be served by a separate water service meter and separate sewer connection. C. Each parcel shall drain to the street or to a developed drainage easement. 15 D. Rights -of -way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated. E. The parcel must satisfy the requirements of Government Code Section 66411.7(a). F. A lot line shall not bisect or be located within four feet of any of the following: 1. Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose. G. The location and orientation of new lot lines shall meet the following standards: 1. Front lot lines shall conform to the minimum public street frontage requirements of the residential district, except as provided in Section H, (Flag Lots) below. 2. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection A above. Lot depth shall be measured at the midpoint of the front lot lines. Lot width shall be measured by a line connecting two points on the opposite interior lot lines that result in a line parallel to the front lot line. 3. Proposed lot lines shall be straight and free of jogs in alignment, with exceptions for the following: a) In the creation of a flag lot as provided in Section 16.59.040(H). b) When the creation of a straight lot line would intersect with an existing residential structure or a straight line would not result in lots compliant with Section 17.06.120(E). (1) In such cases, the lot line shall maintain a four foot setback from the existing or proposed residence for the purpose of access for property and building maintenance. (2) Such lot lines shall have the fewest number of turns possible to ensure reasonable property lines for residents. 4. Access easements for all properties and residences involved in the subdivision shall be recorded against the properties prior to any building permit issuance. a) Access easements greater than 150 feet in length shall provide a turnaround for emergency services per Title 15, Buildings and Construction, Chapter 15.16 Fire Code, D. Chapter 5: Fire Service Features, 503.2.5 Dead ends. 5. The maximum difference between the two lots created is a sixty (60), forty (40) split in area and both must be a minimum of twelve hundred (1,200) square feet. 6. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate course and use the least amount of turns as possible. Erl 7. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater. 8. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets. 9. Lot lines shall be located within appropriate physical locations such as at the top of creek banks, at appropriate topographical changes, such as at the top or bottom of slopes, or at locations which clearly separate existing and proposed land uses. 10. Lot lines shall be contiguous with existing zoning boundaries. 11. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot as defined in the Zoning Ordinance. 12. Lot lines shall not render an existing structure as nonconforming in any respect (setbacks, height, lot coverage, parking, etc.), nor increase the nonconformity of an existing nonconforming structure. 13. It is the intent of this section to permit urban lot splits. All urban lot splits proposed under this section shall be straight lines, with exceptions only for compliance with federal, state or local law. H. Flag lots. Flag lots shall be allowed for urban lot splits, subject to the following requirements: 1. Each flag lot created shall have at least a twenty (20) foot width at its most narrow point. 2. The creation of a flag lot shall not create: a) A legal nonconforming structure or use. b) A structure, existing or proposed, with setbacks from the proposed lot line of less than four feet. 3. Boundary monuments shall be installed for all flag lots. Section 16.59.050 Access Standards. A. Each lot shall front upon or have access to a public street or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards: 1. Vehicle access easements serving a maximum of two units shall meet the following standards: a) Easement width shall be a minimum of 20 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City's Parking Standards in Section 17.06.120(E)(14); 17 b) The minimum length for a vehicle access easement is 20 feet wide. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and c) No residential structure shall be closer than three feet to the easement. 2. Vehicle access easement serving three to four units shall meet the following standards: a) Easement width shall be a minimum of 20 feet; b) The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and c) No residential structure shall be closer than five feet to the easement. 3. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards: a) Easement width shall be a minimum of five feet; and b) Pedestrian access easements shall not exceed 200 feet in length. 4. Vehicle access easements shall not be located closer than 25 feet to an intersection. 5. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement. 6. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the Californian Fire Code, California Building Code, and the City's Parking and Design Standards in Section 17.24, Off -Street Parking and Loading. Section 16.59.060 Map Requirements. A. The content and form of a parcel map shall meet all the requirements of Government Code Sections 66444-66450, except as otherwise set forth in this Chapter. B. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision. C. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel. D. The parcel map shall contain a declaration that: 1. Each lot created by the parcel map shall be used solely for residential dwellings; 2. No more than two residential dwelling units may be permitted on each lot. As used in this subsection, residential dwelling unit includes a unit created pursuant to Government Code Section 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22. 3. Rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant. Section 16.59.070 Concurrent Processing with other Ministerial Housing Permits. A. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit 18 for the construction of a housing development and complies with all the objective development and design standards outlined for SB 9 two unit developments in Sections 17.06.090 or any other adopted objective design standards in effect at the time a complete application is submitted. B. A building permit for development on an urban lot split cannot be issued until the parcel map records. C. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Section 6. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project: Under California Government Code sections Sections 65852.21, subdivision 0), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections Sections 66411.7 and 65852.21 regulating two -unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements Government Code Sections 65852.21 and 66411.7 these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 7. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. IM Section 8. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of January, 2024. ATTEST: Randi Johl, City Clerk [SEAL] James Stewart, Mayor 20 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023-14 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of December, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9ch day of January, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 21 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Receive and File Citywide Year -End Report Highlighting 2023 Accomplishments PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council receive and file the citywide year-end report highlighting 2023 accomplishments. BACKGROUND: At the request of the City Manager, all departments in the City compile a list of their calendar year accomplishments in December. The departmental reports are consolidated into a Citywide year-end report that is shared with the City Council, Board, Committee and Commission Members, and staff. It is requested that the City Council also receive and file this item as a part of the January agenda annually so that the report is a part of the public record. FISCAL IMPACT: None ATTACHMENT: 2023 Year -End Report In our 34t" year since incorporation, this year marked a renewed commitment to Temecula's motto of Old Traditions, New Opportunities, and our can -do spirit — past, present, and into the future. Similarly, our collective mantra of Building Greatness, Maintaining Excellence remains a timeless management philosophy, which continues to operationalize Temecula's transparent and responsive approach to municipal government. Encapsulated into three strategic areas: N!i Personnel Services, Maintenance & Operations, and Capital Projects, the annual deliverables of superior public safety; fiscal stewardship; capital VIEW improvement project & infrastructure delivery; community services; and organizational excellence, are now commonly referred to as — The Temecula Way. 2023, As I conclude my 11t" year as Temecula's City Manager, I am continually i /Building Greatnessimpressed by the sheer volume of impactful projects, programs, events, and Maintaining - - J services that are captured in this annual report. My deepest appreciation, respect, and gratitude for our outstanding Team Temecula of dedicated employees, supportive City Council, and caring Boards and Commissions. -Aaron Adams, City Manager Conclusion City Manager's Office Year in Review - 2023 City Manager's Office Organized / Hosted (Community Events / Meetingr- • Mayor's State of the City Address (including nonprofit expo). • Pechanga Pu'eska Mountain Day Event. • 1-15/French Valley Parkway Phase 2 • Groundbreaking Ceremony. • Regional PIO Luncheon. • 9th Annual Broker's Breakfast. • Southwest California Manufacturing Council December Luncheon Meeting. City Manager's Office Organized / Hosted (Community Events / Meetingr- • Recognition event of former Council Member Edwards. • Recognition event of former Council Member Rahn. • Congressman Issa's Federal Update Event to Temecula Valley Leaders. • City Manager's Quarterly Community Leadership Meetings with Temecula partners: City, Pechanga, Promenade, TVH, VTV, Chamber, and TVUSD. • California City Manager Foundation (CCMF) • Board Meeting in Temecula to showcase Temecula statewide to various Cities/City Managers. • Media Lab Video Premier (Pizza Party for State of City/participation of special needs students). City Manager's Office Participated /Presented (City Representation) • Washington DC Lobbying: Federal advocacy meetings representing City of Temecula's needs in Washington DC with Mayor/CMO/PW. Prepped/strategized with Federal Lobbyist to coordinate nine meetings including National Park Service, Office of Community Oriented Policing Services, US Representatives Ken Calvert and Darrell Issa, US Senators Alex Padilla and (the late) Dianne Feinstein, US Army Corps of Engineers, National Endowment for the Arts, and US Department of Transportation. (Major topics: lobbying for $39M allocation to Murrieta Creek; extracting Wine Country out of National Wildlife Refuge Map; transportation funding; grant opportunities). • Temecula Lane HOA: Organized City response to HOA issues; meeting with HOA Board and Temecula Lane residents (including Council Member/CMO/Code/PW/RSO). • ICSC Las Vegas Annual Conference: Scheduled/attended 20 meetings representing City of Temecula at annual conference (ED/Council). 1#* • Manufacturing Month: City Proclamation at City Council and provided ED update (including Video produced referenced below/Grecian Soap Company). • Innovation Month: City Proclamation at City Council and provided TVE2 update. 0 EDC FAM Tour: Showcased commercial/industrial properties in Temecula/region. _ * r L r City Manager's Office Participated /Presented (City Representation) • EDC NAIOP Tour: Showcased commercial/industrial properties in Temecula/region to over 50 NAIOP bus tour participants. • TV Chamber of Commerce 2023 Committees: • State of the City Planning Committee Co -Chair. • Legislative Summit Planning Committee Member. • Economic Forecast Planning Committee Member. • TV Chamber of Commerce Southwest Regional Economic Forecast: ED Speaker for event, prepared/presented ED update, and hosted a booth at event. • Murrieta/Wildomar Chamber of Commerce Economic Forecast Event: ED Speaker for event and prepared/presented ED update. • TV Chamber of Commerce Legislative Summit: Hosted booth at event. • Facilitated 19 Citywide Ribbon Cuttings for Businesses: Attended and participated in events. • Business Retention / Welcome Visits: Collaborated with TV Chamber of Commerce to conduct Manufacturing and New Business Site Visits. • TV Chamber of Commerce Women in Business: Hosted booth. City Manager's Office Participated /Presented (City Representation) • Chamber of Commerce Women's Professional Collective: Attended and provided informal City update. • Murrieta Temecula Group: Attended monthly meetings and answered questions. • SRCAR City Manager Breakfast: CM Speaker for event, prepared/presented City Update. • WRCOG Technical Assistance Committee Meetings: CMO attended monthly as Voting Membi • WRCOG General Assembly: Assisted WRCOG with event video package about the 1-15/FVP. • Visit Temecula Valley State of Tourism: CM Speaker for event, prepared/presented City Update on tourism -related projects. • Visit Temecula Valley Leadership Meeting: Participated in professionallyfacilitated group discussion (COT, OTTA, Chamber, VTV, and Wine Growers) on topics of importance to Tourism Industry: Tourism Leg Advocacy, OT Creek Walk, City Beautification, and unified branding for Temecula Valley at this all -day event. • Other City Updates: Prepared presentations for Mayor and Council for "City Update" presentations such as Women's Professional Roundtable, etc. City Manager's Office Participated /Presented (City Representation) • Represent City of Temecula at Neighboring State of the City (SOTC) and Local / Regional Events: Wildomar SOTC, Murrieta SOTC, Menifee SOTC, Canyon Lake SOTC, Lake Elsinore SOTC, Ontario State of the Airport; State of the 3rd District; TV Chamber Gala (prepare certificates/participate in voting selection of recognized businesses); Visit Temecula Valley's Xenia Awards, Boys & Girls Club Annual Gala, and Temecula Day at the Lake Elsinore Storm Baseball Diamond. • Professional Development / City Representation / Recognition: • Cal Cities New Mayors/Council Members Academy. CM attended with new Council Members as part of the Council - Manager form of government. • Cal Cities City Managers Conference. CMO training/conference: • Cal Cities City Managers Sales Tax Working Group member, which convenes as a diverse and representative group of California city officials dedicated to examining local government sales tax issues and providing recommendations that equitably benefit California cities, further fiscal sustainability, and strengthen the viability of the sales tax. • Cal Cities Legislative Update Conference: Council/CMO training/conference: • Hosted and participated in Cal Cities Interviews for the Regional Public Affairs Manager position. City Manager's Office Participated /Presented (City Representation) • Professional Development / City Representation / Recognition (Continued): • Cal Cities Annual Conference: Council/CMO training/conference; CM as Speaker for One City, One Team — Establishing Effective City Manager -Council Relations. • MMASC Annual Conference: Council/CMO in San Diego; CM as Speaker for Managing in the Middle — Balancing Politics and Administration. • Government Social Media: Social Media staff attended annual conference. • California City Manager Foundation: Monthly Meetings, CM is a Board Member. • CAL-ED Monthly Meetings: Economic Development Manager is a Board Member. • 2023 Inland Empire Women's Business Center Inland Prosperity Conference. • 2023 RSO Annual Awards Ceremony (RSO Strong) attendance in support of our Team Temecula law enforcement community. • 2023 Outstanding Senior Administrator Inland Empire Chapter (serving Riverside and San Bernardino Counties) of the American Society for Public Administrators —Aaron Adams, Temecula City Manager. City Manager's Office Miscellaneous (Support provided to community) • Community Reinvestment Program -Community Service Funding: Development program and 51 agreements for distribution of $1.1 M for 51 Local Nonprofit organization programs that benefit/benefitted Temecula residents with expenditures between 2020-2024. (Launched in FY2022-23; Administration will be ongoing through JUN 2024). • Community Service Funding FY23-24: Developed and implemented new electronic Application for 2023-24 Community Service Funding (CSF) program and reviewed 47 CSF applications with Community Services Funding Subcommittee for distribution of $100,000 to 22 nonprofits to benefit Temecula Residents only. Also processed $25,000 annual allocation via CSF Council Discretionary program ($5K per Council Member). • Digital Bootcamp Grant Program: Processed 48 agreements for the Digital Bootcamp Grant Program as part of the $500,000 Community Reinvestment Program (launched/managed byTVE2- more below) supporting 48 Temecula businesses. • Economic Development Agreements: Processed 22 agreements including 9 new Incubator Tenants supported by Community Reinvestment $80K Rent Waiver Program (launched/managed by TVE2-more below re: rent waiver program) supporting Temecula businesses. • Community Reinvestment — Higher Education: Processed Community Reinvestment Program (CRP) Agreements totaling $1 M supporting the higher education complex in Temecula (CSUSM and MSJC classroom space and programs) to benefit Temecula residents with local higher education opportunities. I City Manager's Office Miscellaneous (Support provided to community) • Wayfinding Signs: • Worked on design/planning for the Auto Mall Wayfinding Signage Project to support auto dealers and patrons to find their way. • Worked on design/planning of Old Town Wayfinding Signage to support Old Town businesses and residents/patrons to find their way. • Film Permits: Approved/Processed 4 Film Permits. • ED Sponsorships: Processed 10 Economic Development Sponsorship Applications. • Business Licenses: Assisted 20 Temecula businesses by navigating them to/through the permit process for business Licenses in collaboration/support Community Development (first developed internal system with IT and Com Devto check business licenses prior to ribbon cutting and promotion). City Manager's Office Miscellaneous (Support provided to community) • Community Recognition: Navigated community inquiries made to the City Manager's Office for public recognitions, including 2013 Resolution of Wilder Hills, Ron Parks (First Temecula Mayor), and Ed Morel, facilitated via City Clerk/Public Recognition Subcommittee. • CSUSM Senior Experience Project: Working with CSUSM Seniors on research project regarding higher education needs in region (in support of residents in Temecula to have local access to higher education opportunities). • External Research Requests: • Cancer Care: Provided economic research/data regarding healthcare/cancer care needs to Michelle's Place/EDC to work together moving forward as needed. • Workforce Stats: Provided stats regarding workforce and live/work proximity. • Red Trolley: Renewed RTA Trolley Agreement for Harveston area shuttle (free shuttle mainly supporting TVUSD students and Promenade). City Manager's Office General /Administrative (Internal) • Civic Center Leases: Manage/renew/update Civic Center leases for Congressional District 50 (Issa), City Attorney, and VTV (revised square footage). • Support Letters: Drafted and secured over 32 support letters from various agencies, neighboring jurisdictions, and representatives in support of the City of Temecula's Public Work's INFRA Grant Application for French Valley Phase 3. • City Manager's Office/City Council Office Inquiries: Responded or navigated (and logged) general inquiries made to CM office via phone, My CivicApp, or email including 290 to City Council Members, and 141 to City management as of NOV 2023. • CMO Scheduling Meetings (Internal & External): CMO office (Executive Assistant) scheduling of over 1,000 meetings, including meetings for CC and CMO, plus all travel related needs; register Council for various community nonprofit fundraisers (approximately 20-25); maintain list for reporting on Form 700 or Form 802 through City Clerk's office; register CMO/CC for travel/conferences. • Budget: Managed/Balanced FY23-24 operating budgets for Departments/Divisions as follows: City Manager Office, City Council, Community Support Funding, Office of Public Information, Economic Development, and TVE2. City Manager's Office General /Administrative (Internal) • Interdepartmental Brainstorming Meetings: Participated in weekly internal meetings with Community Development, Fire, Building, PW, and ED. • Citywide Employee Support: CM/ED representatives on Employee Benefits Committee, Employee Wellness Committee, Team Pace, and Workforce Safety Committee. • Produced Office of Public Information Reference Guide: Created brochure for internal use, which was introduced to each Department this year at separate Department meetings providing an overview of Citywide public outreach opportunities. • General: Drafted letters, research, office supplies, meeting supplies/meals, annual personnel reviews, guided City Hall tours; maintain CMO/ED Sharepoint; support daily CMO updates/recaps, Temecula Swag/promotional content as needed for ED/CMO/CC; press inquiries. City Manager's Office PIO / Public Information Outreach • Produced Various Videos: • Temecula Skate 3 (Mayor Videogame). • Dreaming (Whimsical/Exciting Temecula). • Temecula Superstars (Temecula on the Big Screen). • TVE2. • Diverse Housing. • Inclusive Programs by the Media Lab. • MRC Drone. • The Grecian Soap Company. City Manager's Office PIO / Public Information Outreach • Promotions & Publications: • 2023 Temecula Magazine • Temecula Connect Flyer (updated) • Old Town: produced/published Old Town Branding Guide. • Citywide Banners: Designed New Holiday Banners near the Mall. • Prepared multiple communitywide, mini -State of the City presentations. • TV/Media Coordination: Coordinated Media including Video Response to NBC regarding Lisa in Temecula (NBC); provided briefing points for Tropical Storm (CBS); facilitated KCAL's (CBS) desire to feature the City of Temecula in their SoCal Spotlight. • Support Media Services / Channel 3 content. L_c r.; NEWS & UPDATES A Message from the City Manager r+er tN% maw. &* cty a Twsmma rocuq aw ow yordcL" +.y wiaoru w SoDwe row* adrerw WA glyw by ow US aW H bm Site. and Cw &Aw%W OwwWd Tram trd p"6" ou0 ow pmwty a Nab" KSWK Trat City Manager's Office PIO / Public Information Outreach • Promotions & Publications: (Continued) • City FlickrAccount: Maintained/updated City photos to Flickr with professional photos. • City Media TVEyes account: monitor hundreds of media clips per month for Temecula promotional use; clip videos of interest and download. • City Council PowerPoint slides for Council Meetings. • Implemented U.S./American Flag Program for Temecula residents (including Meet the Mayor outreach booth). • Monthly newspaper advertisements promoting emergency preparedness communications and social media. • Ongoing updates to website content (multiple pages Citywide). • Ongoing Auto Mall sign updates throughout the year. City Manager's Office PIO /Social Media • @CityofTemecula 2023 Milestones Social Media Platforms: • 1.2 M Reel Views on Instagram in 2023. • 450% more IG followers than other CA cities closest in population size. • Over 80,000 followers across all @CityofTemecula platforms. • Audience Engagement Milestone: • 2022: Followers spent 27,688 minutes watching our videos. • 2023: Followers spent 80,000 minutes watching our videos resulting in an 189% increase in viewer retention. r ckyottemecula tt�tu�a �iErxaai 'kl4l #E {.L03ED r �*�A.�Sa�y�WF.4.�x n .-- TEMfCULA VALLEY Fi 1. S City Manager's Office PIO/Social Media • @CityofTemecula Social Media Campaigns & Series: • New Video Series: • Budget Talk (produced by PIO/CMO). • Council Spotlights (produced by PIO/CMO, Media Services, and TCSD). • Just the Facts with Zak (produced by TCSD). • 1-15/FVP2 video updates campaign: • Five videos were posted totaling over 110,000 views. • Seven Hello Temecula Video Episodes. • Nine #TemeculaAwaits Photoshoots — Citywide Social Media. • Campaign to promote unique outdoor experiences in Temecula (most "liked" annual campaign). • 11 #New2Town Features. • American Express Shop Small Campaign: Five small photoshoots featuring five consignment / secondhand businesses. 0 Monthly Proclamations. City Manager's Office PIO / Social Media • Year -End Follower Count for @CityofTemecula Platforms: • Instagram: 35,000 (8,000 increase from last year). • Facebook: 30,700 (1,800 increase from last year). • Twitter:10,700. • YouTu be: 2,400. City Manager's Office PIO /Social Media • Collaborations with Community Partners: • Riverside County Sheriff (RSO). • CHP Temecula. • CalFire. • SCE. • Cal Trans. • TEDxTemecula. • Visit Temecula Valley (VTV). • Temecula Valley Chamber of Commerce. • Community Emergency Response Team (CERT). • Temecula Valley Hospital (TVH). • Mt. San Jacinto College (MSJC) -Temecula. • Small Business Development Center (SBDC). • Pechanga. • Promenade Temecula. • RivCo Workforce Development. • Temecula Valley Unified School District (TVUSD). • American Red Cross. City Manager's Office TVE2 • Executed / Launched / Managed • COVID Community Reinvestment Program's Digital Bootcamp Training and Funding Program which disseminated $480,000 in grant funding to 48 Temecula Small Businesses ($10,000 each) • Community Reinvestment Program's Level -Up Training and Funding Grant Program which will provide $520,000 in grant funding to 26 Temecula Businesses to assist in core workforce areas ($20,000 each). • Community Reinvestment Program's TVE2 Incubator Rent Waiver Program. • Oversee/Manage multiple tenant leases at TVE2. • 9 New Occupants to the TVE2 Incubator Program. • TVE2 Quarterly Incubator Tenant Meeting, offering incubator businesses a chance to access education/training, network, share successes/challenges, and request desired assistance/resources. • TVE2 Quarterly Incubator Committee Meeting, gathering Incubators/Innovation Hubs from across Riverside County and neighboring areas. The aim is to offer a platform for each center to exchange best practices, share updates, and explore collaborative opportunities. • TVE2 Magazine. • TVE2 Entrepreneurial Resource Center Program (soft launch). City Manager's Office TVE2 • TVE2 Center Hosted or Represented • Southwest Riverside County April Innovation Month Quick Pitch Event. • Technical assistance to 1,030 business owners and entrepreneurs across various industries in partnership with TVE2 resource partners. Industries include, but not limited to: • Retail. • Service. • Wholesale. • Manufacturing. • Construction. City Manager's Office TVE2 • Business/workforce training to 3,748 small business owners and entrepreneurs across various industries in partnership with TVE2 resource partners through 267 training events (virtual and in -person) and three cohort programs. Some workshop topics included: • Pre-planning/Startup Information. • Access to Capital. • Human Resources. • Digital and Social Media Marketing. • Accounting. • Legal. City Manager's Office TVE2 • Outreach booths at multiple events throughout the year. • EDC Monthly Board Meetings. • TECHSouthwest Monthly Meetings. • Monthly Caregiver Orientations in partnership with Riverside County In -Home Supportive Services Division for a total of ten orientations which trained over 1,200 individuals in the Southwest Region interested in a career as a caretaker. • TVCC June Southern California Manufacturing Council meeting. • TVCC Women's Professional Collective for the month of DEC 2023. • United States -Mexico -Canada Agreement (USMCA) Trade Conference and Import/Export Consulting Services at TVE2. Attended Conference; created office space for International Commerce (import/export consulting services) office at TVE2. City Manager's Office TVE2 • CSUSM Innovation Hub. Founders Feedback meeting (TVE2 Idea Exchange). • Inland Empire Economic Partnership (IEEP) Red Tape to Red Carpet Awards & Reception: • TVE2 attended as Award Nominee. • TVE2 Resource Center's metrics achieved throughout Southwest Riverside County: • 23 New Business Starts. • 1,778Jobs Created/Supported. • $11,127,052 in Capital Infusion. City Manager's Office Organizational Culture • Continuation of enhanced organizational communications (written and verbal) and responsiveness via daily operational updates (email and Sharepoint), and survey tools as part of the City's proactive employee retention efforts. • Prioritizing and investing in our valued workforce, continuation of Meet and Greet with the City Manager (ACM and HR Director) and each new employee. Biweekly CMO Management By Walking Around to bridge communication gaps between the CMO and other operating Departments resulting in some of the following employee feedback: • 1 love working for the City of Temecula! No suggestions at this time." )7 • Enthusiastic about my Department and the work we accomplish." )7 • 1 am very lucky to be working with a wonderful team. They all make it very easy to work together." )7 • You guys have created such a great environment here, and I really love working for the City of Temecula." City Clerk's Office Year in Review - 2023 CityCterk Non -Recurring Items • Completed City Council Protocol Manual and Worked with Council Protocol Manual Subcommittee on 20 Policies and 1 Resolution of Principle, Conducted Related Research and Prepared Staff Reports and Presentations. • Completed Three -Year Multi -Phased Race, Equity, Diversity, and Inclusion (REDI) Initiative and 13 Sub -Items to Normalize Conversations, Operationalize Action, and Organize a Sustainable Effort. • Researched, Prepared, and Facilitated Adoption of a City Council Term -Limit Ordinance to be Voted Upon in the NOV 2024 General Municipal Election. • Researched, Prepared and Facilitated Adoption of City Council Compensation Ordinance to Become Effective After the NOV 2024 Election. • Researched, Prepared, and Facilitated Adoption of Boards and Commission Compensation and Stipend Ordinance. • Prepared and Facilitated Adoption of Resolutions and Ordinance Setting Forth the Revised Roles and Responsibilities of All Four Commissions (Community Services, Planning, REDI, and Traffic Safety). CityCterk Non -Recurring Items • Conducted Eight Massage Permit Appeals in Coordination with Office of Administrative Hearings, Riverside Sheriff's Office, City Attorney, and Community Development. • Facilitated Council Consideration and Decision on Conditional Use Permi Revocation for The Bank in Coordination with Office of Administrative Hearings, City Attorney, Special Counsel, and Other Stakeholders. • Created and Implemented New Inclusionary Proclamation Program for REDI Commission Meetings at Council Direction in Coordination with TVU • Created and Implemented New Public Recognitions Program at Council Direction and Worked with Related Subcommittee to Consider Inaugural Year Nominations. • Implemented Statewide Electronic Courier Universal Recording Environm (SECURE) Government to Government (G2G) Portal for Electronic Recordi with the County of Riverside Recorder's Office. • Worked with Riverside Registrar of Voter's Office to Identify seven Sites for Vote By Mail and Voter Assistance Centers for MAR 2024 Election; Completed Related Agreements. • Coordinated and Facilitated Attendance at 2023 Legislative Action Days in Sacramento and Legislative Meetings, Prepare Related 2023 Legislative Priorities FAQs. CityCterk City Council • Prepared City Council Subcommittee List for Annual Approval and Distribution. • Administered City Council Meeting Logistics = 25 Meetings. • Processed City Council Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 25 / Minutes = 24 / Resolutions = 86 / Ordinances = 12. • Processed Community Services District Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 22 / Minutes = 21 / Resolutions = 8. • Processed Successor Agency to Redevelopment Agency Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 1 / Minutes = 1 / Resolutions = 1. • Processed Public Financing Authority Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 4 / Minutes = 4 / Resolutions = 11. • Processed (Create, Amend, Track) Staff Reports for City Council Meetings = 309 Reports. • Processed (Create, Amend, Track) Staff Reports for TCSD Meetings = 14 Reports. • Processed (Create, Amend, Track) Staff Reports for SARDA / TPFA Meetings = 5 Reports. • Processed (Create, Amend, Track) Staff Reports for REDI Commission Meetings = 1 Report. CityCterk Boards and Commissions • Prepared Board and Commission Handbook for Annual Approva • Facilitated Annual Joint Meetings Between City Council and All F Coordinated Content and Presentation for REDI Commission. • Worked on Temecula CultureFest Event for World Diversity Day ii Consultation with the REDI Commission and Community Servici • Worked on First Santa's Electric Parade for REDI Commission as Stand -Alone Entry. • Processed (Notice, Recruitment, Appointment, Orientation) Vacancies for Board and Commissions = 6 (1 Community Services Commission, 1 Planning Commission, 2 Traffic Safety Commission and 2 for Race, Equity, Diversity, and Inclusion Commission with total of 29 applicants). CityCterk Boards and Commissions • Processed Race, Equity, Diversity, and Inclusion Commission Meeting Related Documents (Create, Track, Post, Publish, Log): Agendas = 10 / Minutes = 9. • Processed Planning Commission Meeting Related Docume Agendas = 13 / Minutes = 11 / Resolutions = 20. • Processed Traffic Safety Commission Meeting Related �= Documents (Post, Publish, Log): Agendas = 7 / Minutes = 6. _ • Processed Community Services Commission Meeting Related Documents (Post, Publish, Log): Agendas = 10 / Minutes = 9. CityCterk General Legislative • Prepared Legislative Platform for Annual Approval and Distribution. • Provided Citywide Legislative Updates (Including General Legislation Status, State Regulations, State and Federal Funding, etc.) via Email to City Council and Executive Staff (Does Not Includes Individual / Small Group Legislative Contact Numbering in the Hundreds) = 53. • Processed Statements of Economic Interest (Form 700) / Amendments for City Council, Boards and Commissions and Designated Employees = 66. • Processed Semi -Annual Campaign Disclosure Filings (410, 460, 470, 497) for City Council Members and Candidates with Open Committees = JAN 2023 & JUL 2023. CityCterk GeneralOperations • Processed (Route, Track, Log) Contracts / Agreements = 423. • Processed (Route, Track, Log) Contracts / Agreement Amendments = 71. • Conducted Project Bid Openings / Processed Notice Inviting Bids = 13. • Researched and Prepared Ribbon Cutting / Grand Opening / Anniversary / Academic Achievement / Miscellaneous Certificates = 174. • Researched and Prepared for Presentation Proclamations = 26. • Prepared and Scheduled Presentations from Local Non -Profits and Organizations for City Council and Race, Equity, Diversity, and Inclusion Commission Meetings = 14. VN t L. CityCterk General Operations • Processed (Create, Post, Publish, Log) Cancellation Notices for City Council and Board and Commission Meetings = 30. • Processed (Create, Post, Publish, Log) Committee Meeting Notices = 25. • Processed (Create, Post, Publish, Log) Citywide Newspaper Publications and Public Hearing Notices = 71. • Processed Bond Releases (Tract Map, Parcel Map, Landscape and Contracts) = 48. • Recorded Documents with the County of Riverside = 72. • Processed (Image, Log, Distribute) General Liability Claims and Litigation = 62 Claims and 8 Litigation. CityCterk General Records • Prepared Records Retention Schedule for Annual Approval and Distribution. • Administered Annual Records Destruction = 111 Standard Boxes. • Processed, Tracked, and Completed Public Records Act Requests = 1,075. • Transferred Records for Disposition (Holding, Scanning or Shredding) = 42 Boxes. • Closed Public Records Act Requests in GovQA on Average = 4.13 Days. • Requested Building Plans = 92. • Public Archive Page Views for Public Records Act Requests = 113,228. CityCterk General Records • Added Files to Building and Safety Laserfiche Folder = 484. • Added Pages to Building and Safety Laserfiche Folder = 4,974. • Added Files to Public Works Laserfiche Folder = 1,879. • Added Pages to Public Works Laserfiche Folder = 43,786. • Added Pages to City Council Agendas Folder = 27,572. • Added Contracts to Laserfiche Folder = 896. • Added Pages to Contracts Laserfiche Folder = 13,032. Finance Year in Review - 2023 Finance Recognition • Received the Award for Excellence in Financial Reporting from the Government Finance Officers' Association (GFOA) for the Fiscal Year 2021-22 Annual Comprehensive Financial Report. • Received the California Society of Municipal Finance Officers' (CSMFO) Excellence Awards for the Fiscal Year 2022-23 Annual Operating and Capital Budgets. • Received the GFOA's Distinguished Budget Presentation Award for the Fiscal Year 2022-23 Annual Operating Budget. Finance Fiscal Management • Prepared and presented a balanced FY23-24 Operating Budget and 5-Year Forecast, with reserves fully funded in all five fiscal years. • Prepared and presented the City's largest Capital Improvement Program Budget, nearly $820 million over 104 separate projects. Implemented the City's first Debt / Liability Paydown Strategy to payoff the City's 1W unfunded liabilities within a seven-year time horizon, without using City Reserves. Successfully paid off the Civic Center Loan ($12.6M), the Margarita Recreation Center Loan ($5M) and paid down $7.25M of the City's pension unfunded liability, all of which created annual operating savings in excess of $3M for FY2023-24 (Starting in Year 2 on the chart) 1G.COROW %OW,000 810W10W 71000,000 rlaaa�aaa s,OW10DO a,00010W 3,OMO , 0 2,000,000 1rr 000 Budgetary Saving Year Year Year Year Year Ye4rYe4rYearY"r Year Y42ar Year Year Year Year 1 2 3 4 5 6 7 8 S 10 11 12 13 14 15 - Pensicm {JAL savirkgs C+vbC Centerlmftc Savings �$a1Af gg athi d Finance Fiscal Management • Prepared a 15-Year financial projection for the General and Measure S funds, as part of the Debt/Liability Paydown Strategy analysis. • Deposited an additional $2M into the City's Irrevocable Pension Trust, to offset future increases in the Pension rates, increasing the City's pension funded status to 86%. • Updated Pension and Other -Post -Employment -Benefits (OPEB) valuation and projections, with the help of the City's actuarial consultants. • Assisted in the review, analysis, and formation of several new Community Facility Districts, including Altair, Prado, and Heirloom Farms. • Implemented new cash management monitoring process to ensure large CIP projects do not put a strain on the City's cash flow. • Conducted internal payroll audit to ensure proper CaIPERS and bargaining unit classifications for all employees. Finance Fiscal Management • Provided monthly Treasury Reports and List of Demands to the City Council. • Provided quarterly Financial Report updates to the City Council. • Submitted timely reporting on the receipt of the City's ARPA Grant Funding. • Earned approximately $800,000 in interest earnings as a result of the Council -approved Investment Policy and Strategy, adopted in JUN 2022 (over and above LAIF reti • Doubled the rate return on City investments (1.7% to 3.9%, on average). estment Yie Id s Yield. % OR 6.0 Cltyrs New Investment 4.0 Program LAW 3.0 2.0 Clws Former lnwaatmants 1.0 o.p 14122 Aug22 Sap 22 W 22 Nw 22 D K 22 W 23 rop 23 Mae D Apr 23 M#y 23 Jyr 23 1023 Aug23 Sep 2J Cc 23 Finance Process Improvements • Implemented the financial modules of City's new accounting system, Munis, including General Ledger, Accounts Payable, Accounts Receivable, Budget, Purchasing, Contracts, Cashiering, Project/Grant Accounting and Capital Asset Management. • Began planning for second phase of Munis implementation, which includes the Human Resources and Payroll modules. • Began the implementation of the CalCard procurement card system, to reduce the number of purchase orders issued and expedite the purchasing process for all departments. • Transitioned to a new banking platform with US Bank due to their acquisition of Union Bank. • Evaluating Purchasing procedures and policies to improve efficiency, transparency, and provide for a more streamlined procurement process. • Streamlined business license application submittal process between Finance and Community Development departments, also allowing customers access to their approval status by using the online Citizen Self -Service portal. • Improved cash handling processes, internal controls, and methods to better safeguard City assets. Finance Customer Service Metrics Business Licenses: • Issued a total of 7,310 Business Licenses. • Issued 1,237 licenses to newly opened businesses (623 inside the City, 614 outside the City). • 58.4% of Business Licenses were renewed online. • Served 4,334 customers at Cashier counter. • Average wait -time at Cashier counter was 2.34 minutes. • Average service duration was 6.21 minutes. • Accounts Payables: '#* • Processed 14,666 invoices. • 45% of invoices paid via electronic funds transfer (EFT). • 363 vendors paid via EFT. 0 444 Contracts tracked in Munis. Finance Customer Service Metrics Purchasing: • Issued 2,916 Purchase Orders. • Issued 728 Change Orders to Purchase Orders. Payroll: • Issued 10,667 Paychecks / Direct Deposits. • Trained 15 new employees on timekeeping process. Budget Management: Processed 295 Budget Amendments, including 10 separate Council -approved Amendments. Finance Personnel Management & Team Building • Hired four new employees to assist with Cashiering (Christine Blietz and Charlee Hyon), Purchasing (Baylee Spetz) and Payroll/Accounts Payable (Daniele Torino). • Hired new Finance Manager (Paula Majors) to oversee Capital Improvement Program accounting, budget and assist with the administration of the Community Facility Districts. • Won the coveted Best Department Halloween Costume" trophy for the second year in a row. Way to go Team Finance!!! Human Resources/Risk Management Year in Review = 2023 Human Resources/Risk Manage Human Resources • Processed 400 performance evaluations electronically in NEOGOV Perform including seasonal, probationary, and annual evaluations. • successfully launched NEOGOV eForms allowing employees to submit common HR forms electronically such as contact information or tax withholding updates. • Attended the NEOGOV Conference to continue to expand knowledge on the five NEOGOV programs HR staff maintains to support the employee lifecycle in one centralized K • Transitioned recruitment offer letters to electronic format where candidates can review, accept, and sign offers online to improve the new hire experience and streamline internal processes. • successfully processed a COLA increase for all employees effective JUL 1, 2023. • Reclassified 30 employees identified as working out of class through the annual reclassification study. • Processed over 740 personnel transactions including 94 separations and retirements. • Attended three in -person job fairs and one college fair where we made contact with over 400 people. • Updated advertising materials to include trending trade specific work, and provided more information on certification and License requirements versus traditional college. Human Resources/Risk Manage Human Resources • Created the Program Manager classification to allow for proper classification of Public Works employees working with specific programs and project management. • Updated 17 classification specifications to ensure job descriptions are current, accurate, and relevant for recruiting and retention purposes. • Updated the administrative classification series— removing Office Aide II and III classifications and updated Office Aide to establish a true entry level opportunity in the administrative series. • Decreased time to hire by 9% with the average time to hire at 61 days. • Conducted 51 recruitments since JAN 2023. • Hired 132 employees since JAN 2023. • Updated EEO-4 data for all classifications to allow for proper reporting. Y.me��LC A.go.1J96: 951-G94.6490 • Contracted with anew background screening company to provide abetter candidate experience in the background process. Human Resources/Risk Manage Human Resources • Established process for backfilling employees on extended leave of absence. • Improved and streamlined the annual open enrollment process by 7 offering a passive open enrollment. • Received and processed 180 open enrollment transactions. .. • Added a 529 College Savings Plan to the City's voluntary benefit offerings. • Secured the services of a consultant to evaluate and enhance the City's voluntary retirement savings plans. • Updated the City's Section 125 Cafeteria Plan Document. • Implemented anew Affordable Care Act (ACA) administrator to handle the full scope of ACA administration and compliance. • Launched the personnel policies update project with approximately 75% of policies updated. A comprehensive Personnel Policies document is expected to be finalized in early 2024. Human Resources/Risk Manage Risk Management • Prepared a revised COVID-19 Prevention Plan to align with the Cal OSHA Permanent Standard. • Managed multiple COVID cases and work -related exposures along with many COVID related leaves. • Continued to use a safety training vendor, Safety Center Inc., for in -person safety trainings. • Continued the Employee Wellness Program in a hybrid environm Established a fitness center at the FOC for staff to use. Complete updates to the Civic Center Fitness Center, including new equipment, heavier free weights, and newer technology. Hosted a variety of events for all employees to participate in physical, mental, and financial wellness opportunities, including Walk of Hope, Bike to Work Day, Yearlong Employee Wellness Bingo, Employee Health & Wellness Fair, and Lunch & Learns. Executed partnerships with EoS Fitness, and Farm Fresh to You. • Continued the Hearing Conservation Program with annual hearing exams for all employees who fall under the Cal OSHA regulation. Over 30 City staff members had their hearing tested in August. • Coordinated the second annual National Safety month with citywide safety activities and raffle prizes in JUN 2023. • Continued with Interactive Process meetings for on-the-job injuries. Helped supervisors and employees understand the world of Workers' Compensation. Human Resources/Risk Manage Risk Management • City property damage cost recovery revenue is estimated to be $90,000 for 2023. • Maintained compliance with the City's Bloodborne Pathogen Program by offering Hepatitis A & B Vaccinations to all staff who may have exposure based on theirjob duties or have a signed declination on file. • Continued cross -training efforts in the Risk Management Division on Workers' Compensation and Liability Claims programs and other Risk related tasks. • Continued to utilize Learn, a cloud -based learning management system with NEOGOV. Rolled out Emergency Management trainings including Disaster Service Worker and FEMA cours Also launched multiple safety trainings and added external learning and licenses and certificatic tracking to employee profiles. • Researched and obtained a vendor to install vending machines in City facilities. The new vending machines include the option for cashless purchases and additional choices with the cold food vending options. • Coordinated over 40 ergonomic assessments of employee workstations with 31 assessments resulting in the employee being outfitted with an ergonomic standing desk. • Attended the NEOGOV conference and gained additional knowledge on NEOGOV's suite of products including learning about exciting new products and enhancements. Human Resources/Risk Manage Risk Management • Attended the Public Agency Risk Management Association (PARMA) conference in FEB 2023. We attended risk courses related to workers' compensation, liability and insurance, and networked with other public agency Risk Management professionals. • Attended the SHAW Bootcamp with the two other managers in HR. During the two-day bootcamp we were fully immersed in the disability interactive process and how to navigate accommodations when the need arises. • Started the implementation process with Veriforce, a third -party administrator, to house, review, and maintain certificates of insurance. Veriforce is assisting with new insurance language for all agreement templates. Purchased City of Temecula branded straw sun hats for employees who work outdoors in the sun to protect against the UV rays. Coordinated a demonstration of Meridian Road Barriers for use to enhance safety at events that may be impacted by traffic collisions (farmers market and special events). Temecula Fire Department Year in Review = 2023 Fire Department Fire Suppression • First Contract City with CalFire/Riverside County Fire Department to achieve an ISO Rating of 2. • The Calls of service for Battalion 15, Temecula Division to date is 8,916: • 8 Commercial Fires. • 890 False Alarm. • 22 Haz Mat. • 6,521 Medical Aids. 3 • 2 Multi-Fam Dwelling Fire. • 43 Other Fire. • 75 Other Misc. • 393 Public Service Assist. • 17 Residential Fire. • 15 Rescue. Fire Department Fire Suppression The Fire Department attended training courses to help further career advancement. The personnel also completed the Joint Apprenticeship Committee requirements. We are currently in design review for the addition of a new apparatus bay, gym, and fueling station for Fire Station 73. The Fire Department is also working to complete the design for the renovation of Fire Station 84. During the year 2023, we completed several small projects at the Fire Stations to ensure that they are annually maintained. The Department also participated in a few special events to support the community Fire Safety education program. The Preparedness fair started our busy time of the year. For Fire Prevention Week we hosted an Open House at Station 12. We joined the City in celebrating Halloween by joining in on the Annual Truck N Treat. This past year, we took delivery of two new Medic Squads for Station 84 and Station 92. We unveiled these vehicles with our City Council, Chief Crater, Aaron Adams, Kevin Hawkins, and Luke Watson in front of City Hall in OCT 2023. We are anticipating the new Fire Cart (UTV) to be fully equipped by the beginning of DEC 2023. Fire Department Medic /TCC • Medic/Training: • 396 CPR cards issued. • 270 First Aid cards issued. • 31 BLS cards issued. • 32 Stop the Bleed certificates. • 38 Adult CERT graduates. • 62 Teen CERT graduates. • With the assistance of Station 92 personnel, staff from Temecula Valley Hospital, Inland Valley Hospital and Temecula Valley Unified School District Staff, 450 Great Oak HS students received Stop the Bleed and Sidewalk CPR training. t - f rz■� f q Fire Department =ffowele" • Temecula Citizen Corps: • This year, the Temecula Citizen Corps celebrated its 20th year anniversary. • Our volunteers logged in: • 2,901 volunteer hours. • 63 incident hours. 38 active members. • Implemented anew function to assist the City, the Radio Group. This group is responsible for ensuring the Office of Emergency Management has the capacity to communicate with stakeholders and community partners before, during, and after disasters. • The TCC took important steps to establish a 501 c3. • The TCC assisted the City by participating in the Great Shakeout at multiple City facilities. • Along with the Office of Emergency Management, the TCC filmed a recruitment video. This video highlights the importance of preparedness that the City fosters in the citizens. Fire Department Fire Prevention The Temecula Fire Prevention Division had another steady year between plan checks and inspections. The department has already completed 5,870 plan reviews for new construction and tenant improvements for building plans and fire permits. This included 52 plan reviews for new projects with public works. Inspections have been steady throughout the year with these projects, and the department has already conducted 5,135 inspections on just new construction and tenant improvement projects. For the annual inspection program, the department _ has completed 2,521 inspections on businesses here in the city, and the department has full compliance with the state -mandated inspections, completing 3,220 inspections. State -mandated inspections have to be completed every fiscal year and reported to the state by JUN 2023. We continue to meet those goals and completed all state -mandated inspections in MAY 2023, and went to Council in JUN 2023, to show the City was in compliance with State Senate Bill 1205. The Department continues to advance with all the new technology, and just about all work done now with inspections and plan review is paperless. Customer service is still a number one priority, not only with our residents and business owners, but also the contractors. We continue to thrive on customer service, and always go above and beyond to meet the customers, contractors, or residents' needs. Fire Department Fire Prevention The Department continues to work with RSO for the Old Town Task Force doing occupancy compliance checks on Friday and Saturday nights. The Department has developed great working relationships with all the restaurant and bar owners and continues to comply with the fire code requirements. By making the presence and the continued collaboration with RSO, incidents have decreased significantly in Old Town and all establishments and are continuously in compliance. The Department also works with RSO for massage compliance checks. The fire prevention division and RSO have developed a phenomenal working relationship over this past year and continue to work together. The Department created a QR code for false alarms. This code is now placed in all engines in the City via a sticker, and every time our engines go to a false alarm, they are able to scan this code and fill out the false alarm docket. This is then sent immediately to prevention, and we send an inspector for follow-up. By doing this we have decreased the number of false alarms in the City significantly, and have been able to get fire alarm systems repaired and operations that have been out of service. Staff continues to growwith ongoing training and continued education. The prevention team is a group of team players and are always there to help on another. Fire Department Office of Emergency Management This year saw the transfer of the Office of Emergency Management from the HR/Risk Management Department to the Fire Department. This organizational realignment resulted in positive steps towards creating a more secure and resilient City with the capabilities required across the whole community to prevent, protect against, mitigate, respond to, and recover from the threats and hazards that pose the greatest risk to the City of Temecula. 14 L 1wr 2023 OEM HIGHLIGHTS BY THE NUMBERS [� 6 Hours of Duty 7 officer Coverage Plans Created, j� Updated or Reviewed T ■ n EOC Level 3 Activations $50K Grant DDIIar= Coordinated FEMA Emergency Disaster Recovery [POE Alerts Projects Sent IS 1� Planning & Coordination Meetings Held 7 Positions on 2 Days of Committees & Councils EOC Activation Temecula Police Department (RSO) Year in Review = 2023 Temecula Police Department Projects • Completing a remodel of booking area, desks, and report writing room at the Southwest Station. This project is scheduled to be completed in DEC 2023. • Completed remodel of the Old Town Storefront office for the METRO Team with furniture, lockers, gun safe, televisions, and computers. • Completed Computer and data cable installation for METRO and CORE. • Purchased new furniture for the Southwest Station Briefing Room. • Purchased four gun safes for METRO and CORE. • Worked with Code Enforcement to develop processing of 602 letters completely electronic. • Deployment of Individual First Aid Kits (IFAK) for deputies. 1.1 Temecula Police Department Programs and Services • Created the Robbery/Burglary Suppression Team in NOV 2022. • In the process of creating and implementing a Drone Team Program out of Southwest Station. • Processing of Temporary User Permits. • Processing of Conditions of Approval. • Processing of ABC Permits. • Processing of Pawn Shops, Second -Hand Dealer, and Firearms dealer licenses. • Processing of door-to-door solicitor licenses. • Approving and Revoking of massage establishment licenses. • Law Enforcement staffing for special events in the City. • Temecula Sheriff continues to provide full law enforcement services at The Promenade Substation and the Old Town Substation. • METRO Team relocated and deployfrom the Old Town Substation. Temecula Police Departmen 2023 Statistics Patrol Division • Total Temecula calls for service — 76,191. • Average response time to priority calls — 6.85 minutes. • High -priority calls for service— 829. • Volunteer Services • Volunteer Forces. • Increased the number of Explorers, Sworn Reserves, and Posse members. • Total Volunteer hours — 9,924. Temecula Police Department 2023 Statistics CORE Team • Outreach Attempts - 64. • Homeless and SWAG Street Exits - 22. • Arrests - 310. • 12 Proactive Operations addressing massage parlor violations, human trafficking, quality of life enforcement, and ABC Violations. • Search Warrants - 26. • Consistently working collaborativelywith City Homeless Outreach, SET, INV & GTF, and supplementing patrol in addition to providing tactical planning for major city events sponsored by TCSD. Temecula Police Department 2023 Statistics METRO Team • Arrests - 963. • 11 Proactive Operations addressing quality of life and ABC Viol • Building relationships with business owners in Old Town Teme, • Consistently assisting SET, INV & GTF, and supplementing patr Special Enforcement Team • Search Warrants - 83. • Arrests - 394. • Consistently Assisting METRO, CORE, GTF, INV, Special Investigations Bureau, Southwest Narcotics Corridor, and supplementing patrol. • 16 Operations addressing quality of life complaints made by citizens. Temecula Police Departmen 2023 Statistics Investigations • Cases assigned - 419. • Cases closed - 489. • Cases filed with DA- 83. • Arrests - 41. • Search Warrants - 300. Robbery/Burglary Suppression Team • Cases assigned - 241. • Cases closed- 173. Cases filed with DA- 53. Arrests - 78. • Search Warrants -136. Temecula Police Department 2023 Statistics Traffic • Citations issued — 22,642. • Commercial Enforcement citations issued — 321. • DUI arrests — 375. • DUI Checkpoints conducted —4. • Injury traffic collisions — 336. Promenade Substation • Arrests — 207. • Calls for service — 2,442. • Citations — 322. The results are Comprehensive Law Enforcement Services provid through a long-standing contract with Riverside County Sheriff's u m utd, which is foundational to the safe — high quality of life — enjoyed by residents, businesses, and visitors. Information Technology and Support Services Year in Review - 2023 Information Departmental and Sup 2023 Municipal Information Systems Association of California (MISAC) Excellence in IT Practices Award. Employee Technology Use Policy Legal Review & Update. 2023 Nationwide Cybersecurity Review (NCSR). Information TechnoLogy and Sup Cyber Security • Provided End -User Cyber Security Training through E-Mail Phishing Campaigns & Cyber Awareness Videos. • Upgraded or Replaced 26 Unsupported Servers. • Implemented Patch & Vulnerability Management Software. • Stopped 24.7 Million Threats. • Blocked Access to Over 1,055 Known Harmful Websites. • Blocked Access to Over 350 Known Harmful IP Addresses. Information TechnoLogy and Sub Network Infrastructure • Wireless Access Point Lifecycle Replacements. • Old Town Wireless District Enhancement: • Over 1,000 Users Per Day Access Wireless Internet Provided at All City Locations. • Average Daily Usage of the Wi-Fi is 2.76gb Per Day. • Total Wireless Data Transferred is 159 Tb. • Mitel Phone Switch Lifecycle Replacements. • Firewall Lifecycle Replacements at The Library, Theater, and Senior Center. • Riverside County Sheriff CORE Team Move to City Hall. • Old Town Police Storefront Renovation. Information Technology and Su Network Infrastructure • CRC Renovation including New Data Cabling. • Margarita Recreation Center Construction. • Installed Temperature Sensors in All City Hall Data Closets (IDFS). • TVE2 Access Control Enhancement. • Installed Fiber Connections: Senior Center, Theater, History Museum, 6th Street, and Sam Hicks. • TCSD Welcome Center Reconfiguration. • eGoldFax Fax System Implementation. • Successfully Sent over 600,000 and Received over 4,000,000 E-Mails. Information TechnoLogy and Sub Tech Support • Monitor Lifecycle Replacement. • Computer Lifecycle Replacement. • InvGate Helpdesk System Implementation. • Processed Nearly 1,000 Helpdesk Tickets. • Completed Inventory of All City -Owned Computer Assets. • Received Over 2,300 Calls to the Helpdesk. Information Technology and Su Enterprise Application Services Enterprise Application Upgrades, Security Patches, and Bug Fix( • Enterprise Permitting & Land Management: • SB 379 Instant Online Solar Permit. • SB 13 Accessory Dwelling Unit Permit. • Tyler ERP Financial, Payroll & HR Implementation Year 2: • Created Approval Process Workflows for Each Function. • Facilitated User Software Training. • Streamlined Purchasing&Accounts Payable Procedures. • Configured All Permission & Security Roles. Information Technology and Su Enterprise Application Services • Cashiering / Point of Sale: • Configured System for Compatibility with US Bank. • Configured Integration with New Financial System. • Record & Form Management: Implemented Replacement for Legacy Utility Billing Repor • Recreation Management: • Migrated League Management from Legacy Application. • Implemented Global Payment as Payment Processor. • Deployed EMV & Tap to Pay Card Readers at All POS Locations. Information Technology/ and Sub Geographic Information Systems (GIS) Holidays & Special Event Maps: • Christmas. • Fourth of July. • Halloween. • Rod Run. Citywide Project Maps & Data Collection: • Banner Map Update. • Bike Lanes & Trails Z Fold Map. • CIP Project Map. Code Enforcement Case Maps. Fiber Master Plan Maps. Land Use Study Data & Maps. Information Technology/ and Sub Geographic Information Systems (GIS) Citywide Project Maps & Data Collection: • National Wildlife Refuge Act Potential Acquisition Maps. • OEM Critical Infrastructure & Deployment Zone Maps. • Old Town Parking Analysis. • Old Town Sound System Replacement Project Maps. • Pavement Rehabilitation & Slurry Seal Maps. • Public Works & Planning Grant Application Exhibits. • Public Works Weed Abatement —Street Atlas. • Security, Traffic, & Public Safety Camera Maps. '#* • TVUSD New Development Map. • Uptown Specific Plan Analysis. • Urban Tree Inventory Map. • Voting Precincts Map. • Wi-Fi Gardens Maps. Information Technology/ and Sub Geographic Information Systems (GIS) New or Updated Web Maps & Applications: • ADA Compliance Web Application. • Bicycle Friendly City Application Data & Maps. • NearMap Aerial Photography Implementation. • New Weed Abatement Application. • OEM Disaster Preparedness Storymaps. Training & Outreach: • TemeculaCA.gov GIS Tutorial Document Update. • Training, Conferences & User Group Attendance. • Quarterly User Meetings. Information Technology and Su Support Services Central Services: • Installed 5 New or Replacement Copiers. • Installed Replacement Paper Folding Machine. • Implemented Electronic Certified Mail Solution. • Printing Services: • Approximately 3,000 Plans & Posters Printed. • Approximately 1.8 Million Copies Made. • Mail & Shipping: • Processed Approximately 30,000 Outgoing USPS Mail Pieces. • Delivered Approximately 21,000 Incoming USPS Mail Pieces. • Delivered Approximately 2,500 Packages Received Via Fed Ex, UPS, and Amazon. Information TechnoLogy and Sub Support Services Support Services: • Call Volume: • Received Over 15,000 Calls. • Maintained An Average Call Duration Of 0:50. • Department Support: • Supported the Finance Department by assisting with the Business License. Renewal Process: • Assisted the City Manager's Office by Posting City Press Releases and the City Manager's Daily Updates. Information Technology and Su Media Services Special Events: • State of the City Event & Presentation. • 4th of July Parade. • Santa's Electric Light Parade— Live Broadcast. • Rod Run & Cruise Night Audio Support. • Parade & Rod Run Timelapse Videos. • Pechanga Pu'eska Mountain Day. • Deputy Kent Hintergardt 30th Anniversary Memorial Ceremony. Public Meetings: • 26 Council Meetings. • 44 Boards & Commission Meetings. • Temecula Valley Hospital Community Meeting. • Budget Workshop & Presentation. • Human Trafficking Awareness Conference. Information Technology and Su Media Services Groundbreakings & Ribbon Cuttings: • French valley Parkway Phase 2 Groundbreaking. • Santa Margarita Ecological Reserve Research 1 Solar Project Ribbon Cutting. • Mary Phillips Senior Center Grand Reopening. • Redhawk Community Park Playground Reopening. Drone Missions: • Five Park Adventures. • Military Banners & Pavers. ,** • Egg Hunt Harveston. • MRC Construction Series. Information TechnoLogy and Sub Media Services Outreach: • Seven Hello Temecula episodes. • Three Council Spotlight Videos. • New Helpdesk Video. • Traffic Advisory— FVP2-215 Switchover. • Roundabout PSA. • Temecula Citizen Corps —A Community in Action. • 24 Videos for Read Across America. Information TechnoLogy and Sub Media Services Projects: • New Old Town Sound System. • Monsido Website Accessibility. • Digital Asset Management System. • Cable Television HD Upgrade Spectrum. Information TechnoLogy and Sub Media Services Cameras & Security Systems • Installed New Cameras: • Old Town. • Traffic Intersections. • Friendship Park. • TCSD Welcome Center. • 6th Street Communications Room. • Margarita Recreation Center Construction. • Provided Training to Sheriffs for Exporting Video Footage. • Installed Security Camera Viewing Station at the Southwest Police Station. • Installed Security Camera Viewing Station in the New Old Town Police Station. Information Technology and Su Media Services Library Technology Service • Reconfigured Library'"' ' Added Additional Wi- Community Services Year in Review - 2023 Community Services Administrative Services (AS) • Thoroughly reviewed the Department budget and worked with Division managers to prepare for increased programming and a new facility, and accurately project a correlated increase in revenue. • Completed a six -year review of Department budget trends by Division. • Successfully utilized the newly developed contract routing and purchasing system to process 147 agreements and create 307 purchase orders. • Developed a new process for project staffing budget tracking and activity log to ensure budget compliance and realistic projections are achieved. • Assisted the Homeless Outreach Division with beginning the process of completing a Temecula -focused Gaps & Needs Analysis and five-year Homeless Outreach & Prevention Strategic Plan. • Completed the CDBG Application for the Homeless Prevention & Diversion Program. Community Services Administrative Services (AS) • Completed a grant application for Inclusive Services Programming. • Assisted the Homeless Outreach Division in revising and expanding their monthly activity and outcome reporting structure. • In partnership with Community Development, Administrative Services helped to calculate seven Quimby fees for current housing development plans. • Completed a process and procedure overview for the Administrative Services Division resulting in a comprehensive procedural guide. • Continued to implement the complete integration of RSO CORE Team into dailyTCSD operations, including supporting Homeless Outreach, Special Events, and overall quality of life initiatives. Community Services Aquatics • Served over 140,000 patrons between all three pools; taught over 3,800 swim Lessons; 108 special needs swim lessons; 10,955 lap swimmers; provided exercise classes to over 1,100 participants; and taught Lifeguard, Lifeguard Instructor, and Water Safety Instructor classes to 147 participants. • Total: 131,084 (including spectators and rental groups) • Lap Swim: 10,955. • Water Exercise: 1,102. • Adaptive Lessons: 108. • Public Swim: 12,189. • LG/WSI/LGI Classes: 147. • Youth Swim Lessons: 3,471. • Successfully staffed the Eagle Soar Splash Pad located at Michael Mike' Naggar Community Park during the Summer with a total attendance over 35,000. • Earned the CPRS Aquatics Section Innovative Programming Award for the Hiring Workshop. • Assisted with a large-scale Sidewalk CPR event at Great Oak High School in FEB 2023, along with Matt Hayes, Mikel Alford FIRE, and Temecula Valley Hospital to teach over 500 high school students basic CPR. Community Services Aquatics • Expanded Junior Lifeguard Program to two sessions with two different age groups this summer. Students in the 10-13 age group learned basic water safety and first aid skills. Students in the 13-16 age group assisted with swim lessons, and learned basic lifeguarding and water rescue skills along with first aid and emergency response. • Junior Lifeguards and Swim Buddies volunteered over 2,800 hours assisting with public swim and swim lessons. • Partnered with First 5 Riverside to provide swim lesson scholarships to 42 children ages 5 and under from low-income families. • Worked with the Cities of Murrieta, Lake Elsinore, and Menifee to reinvigorate the Valley Wellness Coalition and provided free water exercise classes: Shallow Water Aerobics and Adaptive Water Walking, in the month of JUL 2023. • Grew the Aquatics Division Instagram to over 1,000 followers. • Created a pre -summer training plan for 90 summer staff. Staff completed online training modules in Google Classroom which included ten hours of videos, worksheets, reading material, and completed 35 hours of in -person training. • Provided invaluable opportunities for community members to exercise through Water Exercise Classes, Lap Swim, and Masters Swim with modifications to enhance staff and patron safety. These programs experienced record numbers due to their continued quality and the lack of other opportunities in the area. Community Services Arts, Culture & Entertainment • Offered seven new Emerging Artist Murals featuring large-scale, installations by local artists with diverse topics: Frederick Dough Cesar Chavez; Celebration of Parents; Japan's Marine Day —A Jal Celebration of the Ocean; California Admission Day; Native AmE Heritage Month; and Christmas Around the World. • Organized and hosted the Temecula Valley Unified School Distric School Student Art Showcase and reception displayed at the Temecula Valley Museum. IW • Organized the 16th Annual Ralph Love Plein Air Competition exhibit and reception at the Temecula Valley Museum with a record -breaking 36 artists contributing 67 beautiful artworks featuring their artistic view of landscapes of Temecula. This year we added anew Youth Category (17 & under) and received six entries from four young artists. • Successfully rebranded the monthly First Fridays' Art Off The Walls into Temecula Art Nights at The Gallery at The Merc & The Lot on Main, offering a total of 142 total artist booths (an average of 15 per event) for various artists to display and sell their work at no cost to the artists. • Coordinated, contracted, and installed 26 art gallery installations at Ronald H. Roberts Temecula Public Library; Civic Center Gallery; Welcome Center; The Gallery at The Merc; and Temecula Valley Museum Rotunda Gallery. • Conducted Art Gallery receptions, operating in conjunction with Temecula Art Nights for various artists to showcase their talents, including nine individual artists and two artist groups, including Dorland Mountain Arts Colony and Temecula Vall Arts League. • Community Services Community Recreation Center & Ronald Reagan Sports 0 Community Recreation Center (CRC): • Worked with PW/CIP Division to complete Phase One of CRC renovations, and reopened facility in JUN 2023. • Improvements to the building included anew roof, new flooring throughout the facility, improvements to the kitchen and showers, and ADA upgrades. Teen Zone: • Teen Zone memberships continued to increase this year as the facility reopened. • Wacky Wednesdays in the Teen Zone —we added a fun monthly event for teens in the Teen Zone. Once a month we provide a fun experience for teens such as movie nights, scavenger hunts, and cooking classes. • Teen Basketball has become a major draw to the CRC for teens after school. Summer Day Camp (SDC): • Operated filled -to -capacity SDC from JUN 19 —AUG 11, 2023, with 120 daily campers (ages 6-14) and 20 volunteers who engaged in recreation activities such as crafts, sports, games, swimming, field trips, camp Olympics, and a camp carnival. Community Services Community Recreation Center & Ronald Reagan Sports Par • Color Run: • Hosted 7th Annual F.I.T. Fun Color Run at the Ronald Reagan Sports Park on SUN, SEP 24, 2023, as the Valley's most fun Run with music and color stations throughout the course; kids obstacle course; bounce house zone; face painters; Kona Ice; balloon artist; and sponsor/vendor area. A record 900+ runners registered, and an estimated total of over 2,250 were in attendance. • Skate Park (TSP): • Hosted bi-monthly Scooter Jams that featured prize drawings, music, and refreshments for ages 17 and under. • Rentals &Classes: • Rentals for City -sponsored groups and private groups resumed this year at the CRC in JUL once renovations were completed. .. - - -A Pro" Community Services Community Outreach • Awards: • Earned 2023 CPRS Award of Excellence for Marketing & Communications Digital Media - Park Adventures. • Earned Temecula 2023 DigiFest Honorable Mention for Professional Digital Graphic Marketing -Temecula CultureFest. • Earned Temecula 2023 DigiFest Honorable Mention for Professional Digital Informative -Around & About Temecula, Episode 25 Vail Headquarters. • Inland Empire Economic Partnership's Turning Red Tape into Red Carpet Awards Honorable Mention in the Arts Innovation Category for Temecula's Just The Facts With Zak Digital Series. Community Services Community Outreach • Social Media: • Created, produced, and released eight new episodes of Around & About Temecula —Park Adventures Series, a series that highlights every park in the City of Temecula with a combined 21,755 views on Facebook, Instagram, and YouTube. • Increased TCSD Instagram Followers by 77%, from 5,362 to over 9,500, obtaining over 3,500 new followers this year! • Increased TCSD Facebook Followers by 17%, from 5,636 to 6,580. • Created 54 successful Instagram Reels increasing viewership and follows (over 469,000 views). More than doubled from last year's total of 243,000. • Broke the all-time City Instagram record for most views from an Instagram Reel. The Halloween Carnival Reel has over 147,000+ views, and our Halloween Happenings Reel was a close second at 144,000+ views. These two Reels combined grossed 292,000 views. • Created 204 Instagram Stories, receiving over 127,000 views, a 68% increase in viewership from 2022. • TCSD Facebook Reach 274,582 (126% increase from 2022). • TCSD Instagram Reach 277,303 (102% increase from 2022). Community Services Community Outreach • Digital Media: • Created five episodes of a new digital media series called Just The Facts With Zak at the request of the Mayor shown at City Council Meetings which have received over 26,000 views on social media channels. • Created a City Council Spotlight video for Mayor Pro Tem James Stew' Stewart, in which he promotes the new Temecula History Day event shown at the OCT 2023 City Council Meeting. • Created another episode of the Temecula Alumni Series featuring 3rd District Supervisor (and former Mayor & City Council Member) Chuck Washington and Mayor Zak Schwank. • Assisted with the production of two videos shown at the 2023 State of the City including a drone flythrough of the Michael Mike' Naggar Community Park and new Margarita Recreation Center, and a video showcasing programing from Human Services at The Media Lab. • Created a video for Mayor Zak Schwank which was broadcasted on Access Hollywood. Community Services Community Outreach • Marketing: • Created and released 31 Department promotional eblasts, P, receiving nearly 101,000 views. % f- Assisted, created, edited, and issued 68 press releases to keep residents updated on allvirtual, hybrid, and in -person events, programs, and activities.` m - • Authored and published CPRS Magazine feature article with professional images for Leadership Focus Editorial: Engaging Seasoned Professionals As Mentors in the Fall 2023 Issue (and Cover) of California Parks & Recreation Magazine. • Created new TCSD Marketing and Media Policy and Style Guide, providing our department with specific guidelines to incorporate into Division specific marketing efforts. • Community Outreach Team presented a California Park & Recreation Society (CPRS) Education Session Presentation (APR 6, 2023) in San Diego with over 150 participants from cities and counties all around California. We received positive feedback and housed numerous questions from post -presentation participants. • Attended numerous 2023 City hosted special events and non -city events, setting up a Community Outreach Booth at the 2023 State of the City; Michelle's Place Walk of Hope; Summer Concert Series; F.I.T. Fun Color Run; and more. These booths allow us to have face-to-face interaction with our community. Community Services Community Outreach • Marlceting: • Released several highly successful Division marketing campaigns which included campaigns for Community Service Expo; Temecula CultureFest; Temecula ArtFest; Temecula History Day; Halloween Happenings; F.I.T. Fun Color Run; Sunset Market; Park & Recreation Month; and Women's History Month. • Created several program/event logos, including Art Nights; Temecula ArtFest; Culture Days; Temecula Resource Center; Community Service Expo; and Employee Health Fair. • Successfully re -branded Department long-standing programs including Temecula ArtFest (formerly Temecula Art & Street Painting Fair); Culture Days (formerly Second Saturdays); and Art Nights (formerly Art Off The Walls). • Created four in-depth programs for Youth Musical Theater plays. • Maintained and updated Department webpages and added new features to ensure easy navigation for visitors (i.e., Class Information pages, Class weather updates, and re -structured Events page). • Secured over $3,000 in sponsorship donations for various TCSD Special Events in 2023 including Easter Egg Hunt; F.I.T. Fun Color Run; Halloween Carnival; and Health & Community Resource Fair. Community Services Community Outreach • Veterans: • Successfully released a Path of Honor Social Media Campaign resulting in 34 new Veteran Pavers being inducted into the Path. • Created video to honor 2023 Path of Honor Paver Inductees with an introduction of the Paver Program and reading of the names by Mr. Michael Bircumshaw, Executive Director (NOV 2023). • Successfully released a social media campaign for Temecula's Military Banner Program resulting in placing banners on every light pole from the Civic Center Quad to the Main Street Bridge, thus completingthe street. Community Services Contract Classes/Activity Guide/Jefferson Recreation Cent Room • Contract Classes: • Successfully programmed 4,300 Contract Class offerings for all ages: • Interests included offerings for Summer & Spring Break Camps, Preschool Enrichment, Youth & Teen Enrichment, Sports & Fitness, Performing Arts, visual Arts, Special Needs, Seniors, and Adult Enrichment. • Approximately 12,500 participants attended a Contract Class throughout the year. • Approximate revenue generated from Contract Classes was $1,000,000. • Managed instruction and performance of 30 Contract Instructors throughout the year. • Hired the following new Contract Instructors to teach programs: • Sports Saints —Youth Soccer and Sports. • Kawther Hakim —Adult Ballroom Dance. • Steve Saunders/Temecula Creek Golf Club —Youth Golf Lessons. ommunity Park • Successfully worked with the Special Events Team to bring back the popular Community Services Expo event after a ten- year hiatus. The event was scheduled in APR 2023, and highlighted all city contract class instructors and classes; each TCSD Division; and all TCSD facilities. The Expo was well attended, and we noticed an increase in revenue after the event Community Services Contract Classes/Activity Guide/Jefferson Recreation Center/`Harveston Community Park Room Recreation Software / CivicRec: • Continued implementation and oversight of the CivicRec Recreation Software System • to streamline process for staff and enhance customer service experience for the public. • Software is used by the public for all class and program registrations, special events, and Aquatics programs; and utilized for reservations for picnic shelters, facility rentals, Lap swim, and field permits. • Successfully added the use of a new picnic shelter at The Sports Ranch @ Sommers Bend for picnic shelter reservations into the software system. • Updated all new approved rates and fees for sports rentals, field use, and tournaments at Patricia H. Birdsall Sports Park and The Sports Ranch @ Sommers Bend. • Effectively and efficiently processed online and in -person transactions as follows: • Approximately 50,000 transactions were processed during the calendar year. • Software system successfully processed $2,200,000 of Department revenue. Community Services Contract Classes/ActivityGuide/Jefferson Recreation Center-14arveston Community Park ROOrnctivity Guide / Marketing: • Improved the overall branding and design style of Contract Class postcards, e-mail blasts, and social media campaigns. • Successfully designed and distributed 48-page Summer/Fa112023 and Winter/Spring 2024 Activity Guides highlighting all TCSD programs and services available online, and were sent by mail to all residents of Temecula. Jefferson Recreation Center (JRC): • Successfully managed operations and facility use of the Jefferson Recreation Center. • Offered approximately 800 classes for the community. Harveston Community Park Room (HCPR): • Successfully managed operations and facility use of the Harveston Community Park Room. • Relocated many programs to this location previously held at the MRC due to facility closure. • Offered approximately 500 classes for the community at the location. • Currently working with PW on the design phase for the future renovation of the Harveston Community Park Room that is e to begin Fa112024. Community Services Homeless Outreach • Participated in the 2023 Riverside County PIT Count, resulting in homeless count of 35 unsheltered individuals, which represents 56% decrease since its peak in 2017. • Conducted a comprehensive internal homeless census to obtair count of Temecula's homeless population. Census results show of 69 unhoused individuals. • Successfully assisted 79+ individuals exiting Temecula streets. • Cleared over 45 dangerous and unhealthy encampments. • Assisted six families utilizing $14,876 of CDBG funded financial assistance as part of the Homeless Prevention & Diversion Program. • Rebranded the Help Center to the Temecula Resource Center. Hosted In -Reach Event at the Temecula Resource Center to connect homeless clients directly with service providers. Utilized CDBG-CV funding to continue Temecula's first Bridge Housing Program. Assembled and distributed hygiene kits to homeless individuals throughout the City of Temecula. 0 Onboarded RUHS' full-time Mobile Crisis Management Team to assist homeless and vulnerable residents with mental he - crisis services, at no cost to the City. Community Services Inclusive Services • High Hopes and SKIP Programs met at least once per month and meetings consisted of various activities including dances, games, artwork, crafts, outdoor enrichment, holiday parties and celebrations, and much more. • Global Citizens Horticulture & Viticulture Vocational Program met twice per week y. during the Spring and Fall program sessions, and participants received completion certificates after each program session. �v • Global Citizens activities included field excursions to local vineyards (Spero and ' Wilson Creek), gardening at the MPSC Community Garden, resume building, Food Handler's Certification, and much more. • Inclusive Social Skills Program: • Expanded programming to include Friendship Parkas an additional site during the Spring, and expanded program Fall hours. • Held Spring, Summer, and Fall sessions of the Eagle Soar Playground and Splash Pad Inclusive Social Skills Program at the Michael Mike' Naggar Community Park. • Partnership with the disABILITY Sports Foundation provided adaptive sports play and various enrichment activities for families and children with disabilities. • Held an Autism Awareness Day at the Park, as well as Down Syndrome Awareness Day. Community Services Inclusive Services • Youth Advisory Council (YAC) met once per week and students engaged in actively serving the community including the following programs: • YAC Holiday Food Drive: YAC students planned a Holiday Food Drive to benefit the Temecula Noon Rotary, which then used proceeds to benefit the senior community with over 750 food items gathered during NOV 2023 Food Drive. • Assisted in the annual Health & Community Resource Fair. • Participated in Earth Week through Adopt -A -Park services. • Assisted with sports and activities at the Inclusive Social Skills Program at Friendship Park. • Partook in a Resume Workshop and learned how to build a strong resume. • Facilitated the Quality of Life Master Plan Blue Ribbon Teen Focus Group. Community Services Inclusive Services • Summer Food Service Program (SFSP): • Offered free meals three times per week, serving over 2,800 meals over a seven -week program. Meals served increased by 30% this year. • Expansion of Inclusive Volunteer, Internship, and Workforce Programs: • Working with three local employment programs to facilitate community centered volunteer opportunities for disabilities with special needs: CareRite; Cole Vocational; and Toward Maximum Independence. • Hired an intern through the Paid Internship Program funded by Inland Regional Center as part of the Easter Seals Program. Community Services Mary Phillips Senior Center • Grand Reopening & 30th Anniversary Celebration: The grand reopening of the newly renovated MPSC and ribbon cutting ceremony event had the honors of having Mayor Zak Schwank to lead the ribbon cutting celebration which included light refreshments and a special performance by the MPSC Choral Group. Many City officials were in attendance, and Riverside County Third District Supervisor Chuck Washington presented awards to the mayor and commissioners. As a bonus, a shuffleboard was added to the senior center, providing a new activity for the members. It was a fantastic time welcoming our seniors back to the center and celebrating 30 years of serving the community. • Served over 16,440 senior meals this year as part of our congregate Senior Meals Program. Not only did we provide essential nourishment to our valued community members, but we also had the opportunity to connect with and support new individuals who joined our program. Our commitment to serving the community remained unwavering, even during the transition from the TCC to the MPSC. We are grateful for the opportunity to make a positive impact and look forward to continuing our mission of providing essential services to those in need. • Offered AARP Tax Aide Services (through APR 14, 2023) serving 1,500 seniors. • Health & Community Resource Fair: Over 100 health and wellness vendors provided resources, screenings, and giveaways to community members. Premier Sponsor Temecula Valley Hospital successfully distributed Doc Talk information, health screenings, education, and resources to over 2,500 people in attendance. Community Services Mary Phillips Senior Center • Successfully hosted Temecula's Senior Health & Safety Resource Forum with Riverside County Third District Supervisor Chuck Washington and Temecula Mayor Zak Schwank at the MPSC. The event provided over 100 seniors with education on topics in emergency preparedness on a budget, staying healthy as we age, and general wellness. Everyone who attended got a free first aid kit and mini phone charger. It was great to hear from organizations like Temecula Citizen Corps; Temecula's Office of Emergency Management; HICAP; CARE Team; Riverside County Environmental Health, RUHS, Public Authority, and Office on Aging. These organizations shared many resources and services available to seniors in our communityfor them to feel confident and prepared during any emergency. We made sure to provide a wide range of helpful tips and tools. It was a fantastic opportunity for seniors to connect, learn, and prioritize their health. • MPSC Transportation (30 passenger bus and 14 passenger Electric Shuttle): Expanded programming and services to seniors, youth, and individuals with special needs. • Senior Excursions: offered in-house transportation for senior excursions to various locations including Balboa Park & Seaport Village, Coronado Island, Carlsbad Flower Fields, Palm Springs Aerial Tramway, Oak Glen Preserves, and more via the Human Services Shuttle. • Silver Shuttle offered curb -to -curb transportation to local shops to encourage seniors to be active members of the community. MPSC Drivers provided various City Tours (Planning, CIP, and CM Tours). Both transportation programs have served well over 800 seniors this year. Community Services Mary Phillips Senior Center • Thanksgiving Baskets: A total of 30 seniors received a Thanksgiving Basket from the Rotary Club of Temecula containing a Walmart gift card and all the traditional Thanksgiving fixings, and a ham basket from Rotary over the Holidays. 0 Successfully hosted the Ribbon Cutting of the Newly built MPSC Outdoor Shuffleboard Court at the renovated Mary Phillips Senior Center. This exciting addition marks a fresh beginning, inviting everyone to gather and engage in delightful activities. With each shuffle of the discs, the court will become a hub of connection, fostering new friendships and cherished memories. It's a testament to our commitment to promoting active aging and creating a vibrant space where happiness and fulfillment thrive. Cool and Warm Center: MPSC provides seniors and vulnerable populations with a safe place to escape extreme temperatures. Participants of this program were provided with snacks, water, fans, hats, and sanitizers. The Cool Center Season of 2023 at the MPSC accommodated 2,108 participants. Monthly Health Screenings: We hosted 12 free monthly health screenings at the MPSC hosted by Dr. Richard C. Lamm. Screenings change each month and include peripheral arterial disease, bone density, facial skin analyzer, glucose, fat analysis, and more, serving over 600 seniors this year. I Community Services Margarita Recreation Center • Hired and/or promoted nine staff and two interns for the new Margarita Recreation Center (MRC) (SEP 2023). • Hosted the Community Art Project volunteer day to complete the MRC Mosaic Mural created by local artist Troi Follansbee, Barcelona Mosaics. This large and colorful mosaic mural will hang on the wall inside our groundbreaking recreational facility designed for people of all ages and abilities serving as an intergenerational site that aims to bring innovation, recreation, enrichment, health and wellness, education, and more to all its participants (OCT 2023). • Completed and installed the Mosaic Mural inside the MRC (NOV 2023). • Staff will move in and complete employee training for the MRC (DEC 2023). • Host internal Ribbon Cutting for the Opening of the MRC (DEC 2023). Community Services 11 Old Town Temecula Community Theater/ The Merc IN • Entertained 43,713 visitors since JAN 2023. • Effectively processed in -person and online $1,110,000 in ticket sales from NOV 2022 through OCT 2023 through Showare ticketing software. • Hosted a total of 285 performances with average attendance percentages of 49% (Theater) and 85% (The Merc) JAN—OCT 2023; Presented 5,940 performances for a grand total of 929,471 patrons (since opening in 2005). • Nearly 150 active Theater Volunteers serve TemecuLa's Theater and The Merc. • Over 23,000 patrons reached via monthly/weekly e-blasts (32% average open rate). • The multi -award -winning Old Town Temecula Community Theater designed and distributed a full -color, 28-page Season Brochure highlighting the 2023-2024Season. • Hosted the City of Temecula Youth Musical Theater in annual residencies (Winter & Summer): Peter Pan Jr. (JAN 20-22); West Side Story School Edition (JAN 27-29); Disney's Descendants The Musical (JUN 23-25); and Grease School Edition (JUN 30— JUL 2); All sixteen performances sold out with 5,246 patrons in attendance. Community Services Old Town Temecula Community Theater / The Mere • Celebrated Black History Month by providing various impactful performances: • Sherry Williams Then and Now— Sherry Williams and her quintet of jazz legends shared glimpses of her illustrious fifty-year musical journey. • Temecula Presents partnered with the Temecula Valley Museum to present a live music performance by The String Queens (FEB 25, 2023), a dynamic trio creating stimulating musical experiences that inspire diverse audiences to love, hope, feel, and imagine! This stunning performance welcomed 241 patrons in attendance. • Temecula Presents' Student -Led Arts Education Internship Program presented its fifth annual production, Alice in Wonderland (FEB 3-5), providing free arts education inclusive and accessible opportunities on stage and behind the curtain to talented youth regardless of socio-economic status. All four performances welcomed 1,313 patrons in attendance. • Partnered with Sherry Berry Music to present Great Oak High School Jazz Band (FEB 26) to expand Temecula's equitable arts education mission. • The Merc continues to offer star -quality performances from various At The Merc Series': Jazz @ The Merc (Thursday); Country Live! @ The Merc (1 st & 3rd Saturday); Classics @ The Merc (2nd & 4th Sunday); Speakeasy @ The Merc (2nd Saturday); Stand -Up Comedy @ The Merc (Last Saturday); and Brazilian and Latin Jazz @ The Merc (3rd Thursday); The Merc also offers free monthly art exhibits, events, and more. • Hosted TEDx Temecula: Re -Forming (SEP 30) marking the ninth year at Temecula's Theater as the official venue for TEDx Speakers to inspire diverse audiences of all ages. Community Services Old Town Temecula Community Theater / The Mere • Old Town Temecula Community Theater celebrated its 18th Anniversary on OCT 4, 2005. Temecula Presents launched the 2023-2024 Season with a top-notch line-up. Kala'e Parish (OCT 4); Caress of Steel: Rush Tribute (OCT 5); Fan Halen: Van Halen Tribute (OCT 6); Beo String Quartet (OCT 7); and Sherry Williams and Friends (OCT 8). We entertained nearly 700 patrons during our Theater's annual celebration. • Temecula Theater Resident Dance Company, Backhausdance, led by artistic director and founder Jennifer Backhaus, returns to the Temecula Stage (NOV 18). • Temecula's Theater continues to engage our community with 90-minute, free master dance classes taught by professional dance companies in residence. • Jennifer Backhaus will host ODC Dance Company (SEP 23); Backhausdance (NOV 12); and State Street Ballet (APR 27). • Theater Technology Upgrades, Improvements, and Innovations: • Replaced banners in front of The Merc with new vibrant designs showcasing the exciting performances. Additional banners were added in the Theater Courtyard. • Deep cleaned Theater and The Merc interiors with paint and improvements. • Theater Crew continues to maintain equipment with quality repairs to support the aging system. Community Services Rentals • Enjoyed a full year of the new Temecula Welcome Center with creative staffing and budgeting. • Provided information to over 5,100 visitors in the Welcome Center. • Worked with Temecula Valley Museum (TVM) staff to sell merchandise in the Welcome Center. • Embraced the Mary Phillips Senior Center (MPSC) staff and patrons at the Temecula Community Center (TCC) while the MPSC was undergoing renovations. • Consolidated rentals at the TCC, CRC, Conference Center, Library, and Picnic Shelters for ease of customer service. • Over 17,000 patrons attended 250 rentals at the TCC, Conference Center, and Picnic Shelters. • Welcomed Contract Classes into the Conference Center as building renovations were happening at the MPSC and CRC. • Revised the rentals policy for cohesion across all rental facilities. Community Services Ronald H. Roberts Temecula Public Library • Ronald H. Roberts Temecula Public Library marks 17 years of service to our communi • 229,514 Door Count. • 2,942 Hours Open. • 553,232 Circulation. • 145,817 Self -Checkouts. • 5,365 New Patrons. • 8,544 Added Items. • 13,150 Volunteer Hours. • 1,261 children participated in the Summer Reading Program: Find Your Voice, continuing the highest participation of any Library in the Riverside County Library System. • 864 children earned 1,625 awards by participating in the In-N-Out Cover -to -Cover Reading Program. • Children and parents were delighted to meet special guest storyteller Mayor Zak Schwank at two Read, Lead & Find Your Voice Storytimes. Community Services Ronald H. Roberts Temecula Public Library • In -person family programming at the library returned to pre -pandemic levels: • Youth staff provided 242 early literacy story times for pre -readers. • 115 family programs including an array of programs like a Dia de Los Ninos Celebration, Storybook Art Club, and Thank A Veteran Program were attended by 4,095 people. • Children explored monthly hands-on learning exhibits at the Play and Learn Island. • 22 creative contests were entered by 11,293 children. • Children ages 7-12 discovered philosophy and critical thinking through lively discussion of classic picture books at Philosophy Friends. • Youth staff provided community outreach at local festivals, school literacy nights, the TCSD Expo, and the Perris Railway Museum for Mattel's A Day Out with Thomas. • Little Sprouts Seed Library provided free organic seeds for families to discover the joy of home gardening and cooking healthy meals together. • Care -Rite adult volunteers with special needs cleaned books, and shelved children's easy books, and DVDs. Community Services Ronald H. Roberts Temecula Public Library • Partnered with the Think Ahead Kids Foundation to publish a book by a local young author. • Participated in the City's Great American Shakeout Earthquake Drill and updated an Emergency Evacuation Plan. • Held Friends of the Temecula Libraries Booksale and Mega Booksale. • Received and added books donated by the Czech Republic to Mayor Zak Schwank. • Partnered with the Heart of Temecula Leo Club Teens to offer Teens Teaching Tech. • Increased counter space for customers with laptop computers and updated staff computers. • Hosted Quarterly Blood Drives in the Library parking lot (JAN, MAR, JUN, AUG 2023). • Received a $10,000 donation to the Children's Library for two additional AWE stations with bilingual educational software. 1#* • 60 teens signed up for the six -week 2023 Summer Reading Program: Find Your Voice. During those six weeks, three in -person teen programs were held at the Library which brought in 85 participants. 286 book reviews and worksheets were returned, and over 60 books were awarded to teens as prizes. Community Services Ronald H. Roberts Temecula Public Library • 176 adults signed up during the 2023 Summer Reading Program: Find Your Voice. Over 30 books were awarded to participants as prizes. • Teen Services hosted 14 programs that promoted S.T.E.A.M., socialization, and creativity. • Teens expressed their creativity by combining poetry and art in Blackout Poetry. • S.T.E.A.M Trivia & Pizza tested teens knowledge of S.T.E.A.M. concepts. • Cemetariums allowed teens to design and create spooky, miniature terrariums. • 11 Programs for adult patrons covered a range of topics to promote creativity and community: • Garden Expo and Plant Swap brought the community together to share plants and learn about different types of gardening and pollinators from the Temecula Native Plant Society, Riverside County Department of Waste Resources, Riverside County Master Gardeners, Beekeeper's Association of Southern California, and more. • Expert and amateur poets shared original poems to celebrate National Poetry Month at Poetry Nite. • In partnership with experts from Temecula Valley Museum, attendees were able to learn about the history of Temecula. • By popular demand, internationally acclaimed cellist Ruslan Biryukov returned to perform for 100 attendees with his former student Nathan Le. Community Services Sister City • Facilitated a student art exchange between Temecula Youth and Daisen Seniors and created an exhibit Cultural Connections at the Temecula Valley Museum (on display DEC 2022 through JAN 2023), celebrating our nearly three -decade relationship with Daisen, Japan, and sharing the resulting artwork. • Created a Temecula/Daisen Friendship Video with TCSD Media Team that was sent to Daisen in JAN 2023. • Received and distributed gifts from Daisen Sister City Association, sent in fellowship and in celebration of Christmas. • Facilitated Summer gifts for Daisen Middle School Students presented in lieu of student exchange to Temecula. • Facilitated sending a citizen -to -citizen gift of a Shohei Otani baseballjersey to Japan and distributed resulting appreciation gifts in return. • Communicated with Sister City partners and contacts to maintain communication regarding the cancellation of exchanges in 2022 and provide fellowship as we navigate post-COVID-19 challenges. • Began planning for 2024, 30th Anniversary Celebrations, including conceiving the idea for a serenity garden and a proper thank you to Kozo and Yuko Kaneko for their more than 30 years of service to the Sister City friendship between Daisen and Temecula. • Opened a dialogue between Temecula Sister City Association and Sister City International regarding researching a potenti new Sister City. ' Community Services Special Events • Fun and egg -citing' Teen Egg Hunt at a new site (500 attendees) and Easter Egg Hunts at three park sites (4,500 attendees). • Community Services Expo returned featuring everything TCSD does with over 4,000 attendees. • Annual Temecula Rod Run with perfect weather, Cruise Night with Stew, sold -out parking and over 60,000 spectators in two days. • Second annual Temecula CultureFest with over 50 vendor booths and 3,500 attendees. IF00 we zz • Two patriotic performances from the Temecula Valley Symphony including Memorial Day Remembrance (350 attendees) and Patriotic Salute to Veterans (300 attendees). • Celebrated Earth & Arbor Day and National Trails Day with Mayor Schwank. • Second annual Juneteenth event with over 500 attendees. Hosted six standing room only Summer Concerts at the CRC Amphitheater and the final jam-packed concert at City Hall. Community Services Special Events • Huge crowds showing their love of the USA at the annual 4th of July Parade in Old Town (4,000 attendees) and Extravaganza & Fireworks at the Ronald Reagan Sports Park (28,000 attendees). • Partnered with RSO for the annual National Night Out (400 attendees) and Office of Emergency Management for the Preparedness Fair (over 450 attendees). • New look for the annual Art Fest featuring Cartoon-A-Paloozah with an amazing crowd of over4,000 attendees. • Worked with Temecula valley Museum staff to plan, program and implement the first annual Temecula History Day with over 400 attendees. • Celebrated everything spooktacular at the annual Halloween Carnival, Halloween Home Decorating Display, and the Halloween Bike Tour (3,000 attendees). • Decorated Old Town for the holidays including the Old Town Christmas Tree, photo opportunities, building decor, and brand- new decorations along Old Town Front Street. • Organized Santa for his holidayvisit at Pennypickle's Workshop. • Celebrated Winterfest with the annual Christmas Tree Lighting at the Pond, Santa's Electric Light Parade, Temecula On Ice, Holiday Bike Tour, Holiday Home Decorating Display, and the New Year's Eve Grape Drop with NEW Grapes. - Community Services Special Events • Facilitated an RFP for the new Temecula Sunset Market and worked with organizer for market nights on the 2nd and 4th Wednesday of every month. • Hosted ribbon cuttings for the SMER, Old Town Police Storefront renovation, renovated Mary Phillips Senior Center, new Shuffleboard Court at the MPSC, new playground at Redhawk Community Park, and the highly anticipated Margarita Recreation Center (MRC). • Assisted in finding a location and opening night logistics for the 9-11 Memorial Exhibit. • Worked with outside event organizers for permitted special events in the Civic Quad and Town Square Park. • Wrote anew policy for use of the Civic Quad and Town Square Park. Community Services Sports Division • All parks running at full capacity (baseball, softball, soccer, football, pickleball, rugby, etc.). • Estimated over 16,500 participants/spectators monthly. • Patricia H. Birdsall Sports Park and The Sports Ranch at Sommers Bend Tournaments: • Successfully integrated the new facility into our programing/tournament schedule with both parks being consistently booked with activities. • 46 baseball/softball tournaments (every available weekend filled). • Two soccer tournaments. • Average of 20-25 rental groups monthly. • Over 5,500 recognized youth league participants accommodated. • CRC gym re -opening of renovation have accommodated local recognized youth basketball league, TYBL, open gym (adult/teens), classes, rentals, and adult basketball leagues. Community Services Sports Division • Adult Sports (run by the City) leagues are growing and thriving. Adult Softball League successfully completed both Spring and Fall seasons operating at full capacity with five separate divisions. Adult Kickball League successfully completed both Spring and Fall seasons operating with five teams and growing. Adult Basketball League with the implementation of additional seasons two separate divisions is a huge success. Pickleball Sports Complex Courts anticipated to be completed in Summer 2024. • Ronald Reagan Sports Park Hockey Rink renovation anticipated to be completed in Summer 2024. Community Services Temecula Valley Museum • Museum attendance figures were outstanding, reaching 24,654 total patrons from NOV 2022 through OCT 2023 through our exhibits, field trips, group tours, events, programs, and outreach. • Created four in-house exhibits celebrating life in Temecula including Cultural Connections — an art exchange between Temecula and Daisen, Japan; Temecula Valley Unified School District Youth Art exhibit; Ralph Love Annual Plein Air Competition Exhibit; and Rug Hooking for the Holidays. • Successfully installed three rented temporary museum exhibits: Tattooed and Tenacious; Through Darkness to Light; and Walking in Antarctica. • Hosted a total of 52 tours (2,326 patrons) including 43 field trip tours, three group tours, and six adult special needs groups. • Offered four special programs including an Ikebana Floral Decorating Demonstration; Quilts of the Emancipated Lecture; Gallery Talk with Helen Glazer, photographer of the Walking in Antarctica exhibit; and Plein Air Art Class from Temecula art instructor Barb Nelson. • Created three special exhibits celebrating Temecula Veterans; Printmaking Industry; and Temecula Rod Run. Community Services Temecula Valley Museum • Successfully operated TVM Store in 2023 resulting in over $16,400 in revenue over the period (with a total of over $48,600 in revenue since operations began). • Redesigned the Museum website and went live on SEP 8, 2023. We have had 1,922 site sessions and 4,270 total page views (56 total days). • Increased social media efforts have resulted in 2,097 Facebook and 2,187 Instagram followers, both have doubled over last year. • Assisted the public with eight historical research requests, and provided photography from our collections to ten citizens and organizations. • Received and accessioned nineteen donations, including but not limited to historical photographs of Temecula, handwoven baskets; Burnham family belongings; printing kits and typewriters; Tractor Race memorabilia; paintings; and most notably, two large donations of items related to Erle Stanley Gardner and his family. These two donations include furniture, correspondence, photographs, gear, and other incredibly unique artifacts that provide a truly deep look into the author's personal life and interests. • Created four carnival style games and two demonstration areas with fun Temecula History themes for the inaugural annual Temecula History Day. Community Services Temecula Valley Museum • Successfully rebranded our most popular monthly program Second Saturday to Culture Days with a total attendance of 2,395 patrons from DEC, 2022 through NOV, 2023. • Conducted the 20th Annual 3rd Grade History Contest, with 72 E from six schools. • Sponsored Annual Celebration of American Black History with a Queens musical performance in conjunction with the Old Town Temecula Community Theater; offered a mural celebrating the legacy of Frederick Douglass; and offered a lecture on Quilts of the Emancipated. • Participated in TCSD's Special Events Division's events, including Temecula CultureFest, with a booth featuring Culture Day Celebrations and crafts for children and Juneteenth event with a booth featuring educational materials regarding the meaning of the event and fun crafts for children, and assisted with staffing at other TCSD events. • Expanded our offering of morning and afternoon sessions of Culture Quest Summer Camp to two weeks with a total of 120 students attending. • Created educational materials for the Temecula Valley Woman's Club Art & Education Room; featuring activities and games that focused on American Black History; Juneteenth; 4th of July; Native American Heritage Month; and much more. Community Services Temecula Valley Museum • Assisted Temecula Valley Museum, Inc. non-profit: • Hosting the Arts and Crafts fundraising Bazaars in MAY & OCT, 2023. • Supported application process for a $6,000 grant from the Roripaugh Foundation to fund anew Digital Walking Tour. Created Digital Walking Tour featuring Old Town Temecula that went live in OCT 2023. Community Services Workforce Development • Workforce Development Division offers various internship and e: opportunities for high school graduates and undergraduate/grad students looking to gain valuable experience byworkingwith the government. This program is designed to help students expand t areas such as communication, problem -solving, project manag( management, and office professionalism through their involvem programs. The City has committed Community Reinvestment Pri expand the number of workforce development students reaches _ . -. - _... , - -. r--I I_ -. • Mayor's Intern Appreciation Luncheon (JUL 2023) 108 interns and externs attended the annual luncheon including participants across the workforce development programs in a relaxing and enjoyable atmosphere that allowed interns and mentors to come together and reflect on the experiences gained. • Youth Innovators are a committee of high school students from the Temecula Valley region that plans and hosts community - based programs to benefit City youth. Every Wednesday throughout the academic school year, the students meet from 4:30 pm to 5:30 pm at the Temecula Valley Entrepreneur's Exchange (TVE2) facility. This year, the Youth Innovators Program held 27 meetings with up to 10 high school students in attendance. In addition to their meetings, they planned and hosted the following programs: Junior S.T.E.M., Leadership Academy, Youth Entrepreneurs, Rocktober 2023, and are currently planning the 2023 Young Women's Career Conference. Youth Innovators also had several members volunteer for other City events, such as the 15th Annual College & Vocational Fair; Health & Resources Fair; and Medical Resident Career Fair. Community Services Workforce Development • Auto-Externship Program, in collaboration with the Temecula Valley Unified School District and automotive dealerships within the Temecula region, assisted high school graduates in gaining knowledge and experience in the automotive industry, with a remarkable 90% of students securing employment at these dealerships upon completing their externship. The program placed eight externs with five auto dealers in Temecula. Summer Media Externship Program placed four media externs at JDS Studios to offer IV hands-on experience in scripting, production, and editing, with a focus on integrating these skills into social media, television, radio, podcasting, production studios, and the industry's expectations. • Culinary Externship Program, in partnership with E.A.T. Marketplace and MSJC, provided six externs with an opportunity to Learn about the culinary arts. Mentors from the food industry shared their cooking expertise and personal experiences to guide these students into the field as well as providing hands-on experience working in a restaurant kitchen. • Legal Scholars Program successfully brought together 30 undergraduate and graduate college students who had a keen interest in pursuing careers in the legal field. Over the course of 14 meetings, participants engaged in a comprehensive program that included law school tours, workshops, courtroom visits, and guidance from legal professionals, including Lawyers, judges, and law school administrators. Students also delved into an in-depth case brief analysis of supreme court cases and had the opportunity to tour both UCLA's Law School and USD's Law School. The program concluded with a Luncheon where students had the privilege of hearing from California State Bar President, Ruben Duran. During this event, he provided valuable insights into his role and offered concluding remarks. 9 Community Services Workforce Development • Future Physician Leaders & Medical Career Pathways offered mentorship to aspiring medical students committed to serving their community. While Medical Careers Pathway focuses on high school students, Future Physician Leaders is specifically designed for college and graduate students going into the medicalfield. The Program featured components such as lectures delivered by healthcare providers, a Community Health Project aimed at providing resources to community members for managing chronic health conditions, and physician shadowing in partnership with the Temecula Valley Hospital. Throughout the Summer, there were 12 successful meetings, with an average attendance of 30 students per meeting. • Leadership Academy Program provides high school students with essential skills for a successful transition to adulthood. This year, 33 high school students participated in a six -day workshop, during which they acquired knowledge and skills in resume making, cover letter writing, letter of recommendation writing, Linkedln tips, interview skills, college admissions, CPR certification, and financial literacy from guest speakers and program coordinators. • Youth Entrepreneur Program empowers young individuals with the essential skills and core concepts of business design and development. This year, 50 high school students participated in the six -day program and were able to gain hands-on experience in the field. These students acquired entrepreneurial knowledge and skills, including budgeting, business law, market research, business planning, marketing strategies, and the art of delivering a successful business pitch. Mentors included some of the brightest local business leaders and program coordinators. Community Services Workforce Development • Junior S.T.E.M. Program is led and organized by the Youth Innovators, featured a series of seven meetings throughout the year, attracting an average of 30 middle school students, per meeting, with an interest in the world of Science, Technology, Engineering, and Mathematics (S.T.E.M.). Students were introduced to diverse S.T.E.M. careers and explored subjects such as Biology, Psychology, Geology, Architecture, and Computer Science through interactive and educational activities. The Junior STEM Camp was designed as a complement to classroom learning materials, providing a platform for students eager to delve deeper into STEM fields to connect with mentors in the field and like-minded peers. • 15th Annual Temecula Valley College and Vocational Fair returned in -person this year after being hosted online for the past three years due to the challenges posed by COVID-19. The fair took place indoors on the second floor of The Promenade and ranked as one of the busiest days at the mall, following only Black Friday. This event attracted over 8,000 high school students and representatives from 160 colleges, vocational schools, military institutions, and military branches from across the United States. School representatives were able to recruit, provide information, and share materials about their respective educational opportunities. The fair provided an opportunity for current junior and senior high school students in the Temecula Valley region and neighboring cities to explore the various educational options available to them, both locally and nationally. Additionally, a wine reception was offered for the representatives as an appreciation for their participation in the event, providing them with an opportunity to unwind, network, and celebrate the new school year. Community Services Workforce Development • Rocktober 2023, the annual fall music competition was hosted on SAT, OCT 28, 2023, with a total of 12 bands/musicians who delivered outstanding performances that echoed throughout the CRC Amphitheater. Following the entertaining performances, a panel of four judges made their decisions and the first -place recipients received a three-hour recording session with a professional local sound studio. Second place received a brand-new sound amplifier, a valuable tool for sound production. Third -place winners took home a basket filled with Temecula Valley merchandise and basic tools for handling and cleaning musical instruments. The event included a wide array of activities, such as games, booths, and raffle prizes, which added more excitement and community spirit. • 2023 Young Women's Career Conference was hosted on WED, DEC 6, 2023. This breakfast event brought together 150 high school students from across the City of Temecula, offering them valuable insights into various career paths guided by empowering female industry leaders. Sixteen mentors from various professions attended, and shared. Community Development Year in Review - 2023 Community Development Building and Safety Division Projects Completed: • Mary Phillips Senior Center Remodel • CRC (Community Recreation Center) Remodel • MRC (Margarita Recreation Center) -New Rec Building and Pool • Bio Life Plasma Services • Rancho Christian School— New Commercial Building and Remodel • Krispy Kreme Donut • Benihana Restaurant • Landeros Mexican Grill & Cantina (Old Town) Community Development Building and Safety Division Projects Completed: • Big Brand Tires- New Commercial Building • Kalavera's Mexican Restaurant (Old Town) • Regal Edwards Cinema Remodel • AMC Theater Remodel Community Develops Building and Safety Division Projects Completed: • Handel's Homemade Ice Cream • Robek's Juice and Smoothies • 5.11 Tactical Retail • Epic Eats Restaurant • Paradise Chevrolet Remodel Community Development Building and Safety Division Projects Started: • Everhome Suites (New Hotel) • Solana Winchester Hills Residential Development • Shawood Residential Development • Temecula Hyundai Service Building Expansion • ALDI Market • Silverlake Ramen • Uptown Jefferson Buecking Apartments • Vine Creek Apartments (Affordable Housing) • Ralphs Remodel • Walmart Remodel • Roadrunner Sports Community Development Building and Safety Division Building & Safety Department Highlights: • 5,383 Building permits Applied for, through NOV 2023 • 4,932 Building permits Issued, through NOV 2023 • 3,318 Building permits Finalized, through NOV 2023: • 1,469 Solar Permits Finalized • 99 Swimming Pools Finalized • 10,772 Building Inspections requested online • 23,089 Building Inspections completed, through NOV 2023 2023 YTD Building Permits Bv..... .p .... ....w .-.. . t.�v ..�. ■ Building Permi#5 ISSUED 0 Building Perm 2017-2023 YTD Comparison BUILDING PERMITS Z017 2019 2019 2020 2021 2022 2023YT❑ (AS 4F 11/13/23) CdwirTbwe1 ftF*P..dlsNowd Community Development Code Enforcement Division • Developed and completed a strategic plan • Developed new weekly metrics • Reduced the number of outstanding cases from over 1,000 to under 300 • Reduced the average Code Case resolution timeframe by 71 % • Switched to iPads to deliver better mobile services in the field • Continued Participation in the METRO+ Team in Old Town • Opened Cases: 1,560 • Cases Reached Compliance: 1,451 • Total Code Enforcement Inspections: 5,742 Community Development Code Enforcement Division • Short Term Rental Cases: 74 • Online App Inquiries: 877 • Graffiti Inquiries: 215 • Worked with Planning to implement the Shopping Cart Ordinance • Worked with ITto streamline the Weed Abatement Program • Drafted a revised weed abatement ordinance with implementation planned in 2024 • New Case Classifications made in Energovto track reporting Massage Establishment code cases. • Identified cost savings and process streamlining for certified mail • Developed multiple training guides through the Scribe platform Community Development Planning Division Current Planning Division Accomplishments: Assisted 1,357 customers at the Planning counter as of NOV 2023 Provided support to Economic Development on potential new projects/businesses • Reviewed 49 Pre -Applications as of NOV 2023 Performed 422 occupancy inspections on new single-family homes as of NOV 2023 Firenze Mixed Use Development in Uptown Community Development Planning Division • Current Planning Division Accomplishments: • Occupancy inspections on the SHAWOOD Model Homes @ Sommers Bend • Apollo Self Storage Facility • Occupancy inspection on Big Brand Tire • Occupancy inspection on Benihana • Express Car Wash in Uptown Temecula Community Development Planning Division • Current Planning Division Accomplishments: • Hendo's Barrel House • Red Door Escape Room • Portals Entertainment Center • Temecula Hyundai expansion • D1 Training • Round 1 expansion Community Development Planning Division • Current Planning Division Accomplishments: • Began inspections on Las Haciendas, a 77-unit affordable housing project in Uptown Temecula • I<rispy Kreme Donuts • Handel's Ice Cream • Smart & Final Extra! • Walmart Expansion • Safa Jewelers Community Development Planning Division • Current Planning Division Accomplishments: • Processed Development Plan applications for four new industrial buildings totaling approximately 106,630 square feet of new industrial space _ .....��, ter■ Community Development Planning Division • Current Planning Division Accomplishments: • White Barn Daycare Academy Community Development Planning Division Current Planning Division Accomplishments: • In conjunction with TCSD and Public Works held meetings with the developer of Altair regarding the design and programming of the Central Park Altair submitted Planning Applications for the first three Villages consisting of single family detached, duplex, and rowhomes products totaling 467 residential units and two parks A Community Development Planning Division Long Range Planning Division Accomplishments: • Opened 109 long range activities • Completed 57 outside agency reviews • Submitted the Annual Water Efficient Landscape Ordinance (WELD) Report • Submitted the Annual General Plan Progress Report to the Governor's Office of Planning and Research • Submitted the Annual Housing Element Annual Progress Report to the California Department of Housing and Community Development (HCD) • Launched the Permit Ready ADU program that provides architectural and construction plans for five detached ADU's of varying size with three different design • Participated in seven community events supporting and promoting active transportation and HikeBikeTemecula EjpVpIAC 1 .'+:� � - _ - y..+ �� .:�" - {I �➢. - ter",. '„ • �,fy,.. la--.... ......... rr•..— .....W.. �" —` a, � + S�_ r•• � �'�' ;�� ,fit S6 ,�;��'�;'•,; •' �.. it Community Development Planning Division Long Range Planning Division Accomplishments: • Organized 12th annual Bike to Workday for the City with 20+ part Community Development Planning Division �.�.� Long Range Planning Division Accomplishments: • Drafted and adopted the Housing Element Implementation Ordinance • Drafted and adopted a Quality -of -Life Ordinance implementing a new permitting process and cap for Tobacco Shops • Held the kick-off meeting for the Community Wildfire Protection Plan and had the first community workshop • Drafted and adopted the annual Title 17 update • Implementation of State Housing Law • Shipping container standards • Battery Storage standards Community Development Planning Division Long Range Planning Division Accomplishments: • Active HikeBikeTemecula social media pages, now with 2,500+followers • Performed ongoing review of surrounding jurisdictions development projects and provided 12 comment letters for various projects to prevent impacts to the residents of Temecula • Submitted and received a reimbursement of $310,000 through HCD's SB 2 Planning Grants Program which funded: • Objective Design Standards • Permit Ready ADU Plans • Housing Element Update • Baseline ElRfor Circulation Element Performed CEQA reviews and drafted Notice of Exemptions for 12 CIP projects Plan integration � for Resilience Scorecard Assisting Texas A&M University and Cal Poly Pomona in their ongoing efforts to spatially evaluate plan networks to reduce hazard vulnerability through a case study of Temecula for a Plan Integration for Resilience Scorecard PIRS Community Development Planning Division Long Range Planning Division Accomplishments: • Coordinated and assisted with the grassroots Caught With A Helmet On program which rewards safe behavior in youth cyclists and creates a positive interaction between authority figures and youth • Kicked off the Climate Action Plan (CAP) Baseline Evaluation task that will provide the City a baseline emissions inventory that will be used as the City develops a Climate Action P • Kicked off the Wayfinding Project that will implement a wayfinding system for the bike lanes and trails throughout the City • Developed Z-Card foldable maps for community members which provides a map of the trail system and bicycle safety information • Applied for the Bicycle Friendly Community Award through the League of American Bicyclists • �w..��.�a,b.r,r � Q +.•w v 7=MM 4f �rtRTi� '-f •ram mw�w aar���r sr�rr�rr4 dsr+rw4 +r.ftr vrrr W Al d kr —d � W k- eu.n ufty—� 4 r X�i�55i�xo5'.. "NAIL, i1�r�4rik■ - �i�� � A' Home Community Development Planning Division Long Range Planning Division Accomplishments: Established the Temecula Active Transportation Committee Advisory Panel (TATCAP) that meets quarterly Performed a General Plan consistency review for an Amendment to the 2023-2027 Capital Improvement Program for the De Portola/Jedediah Smith Road Roundabout Project I GO-r CAUGHr7 How the Program Works - when a firs# responder sees a child weaaigg their helmet, they will jI`Wct pswgq TM child will Ue AnvardtASYichAgA io d WCdr seoreorrestiurantforgetting -Caught wdth rourHeIrneton �� F�orl! EFrw�xt S�• E�'eiwn M r R_aar EietiaWrS n Community Development Planning Division Long Range Planning Division Accomplishments: • Kicked off the Old Town Parklets Project and held a community workshop to retrieve feedback on locations, designs, and themes for a pilot program • Adopted a Complete Streets Policy • Fiscal Land Use Study SAFETY 71FS 1. 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V.4, -r -" - t.. ---;— Community Development SARDA - Housing - Real Estate Division Community Development Block Grant Division Accomplishments: The City funded eleven total activities, nine public service activities, one capital improvement project, and one housing rehabilitation program in the Plan Year. Some of the specific accomplishments for the plan year include: • Partnered in conjunction with the Fair Housing Council, providing fair housing services by assisting 494 clients, including 490 landlord -tenant mediation services and four anti -discrimination complaints • Provided 65 low- and moderate -income youth with clothing and school supplies through the Assistance League and their Operation School Bell Program • Completed four housing rehabilitation projects through the Habitat for Humanity Critical Home Maintenance and Repair Improvement Program, for a total of 47 housing units over the life of the program • Served six individuals experiencing homelessness, or those at risk of homelessness, through the City's Homeless Prevention and Diversion Program • Operated the City's Help Center to provide homelessness services • Assisted 42 Temecula senior residents through the Senior Assistance Program Community Development SARDA- Housing- Real Estate Division Community Development Block Grant Division Accomplishments: • Assisted 96 victims of domestic violence through SAFE Family Justice Center • Assisted 27 victims of domestic violence through Riverside Area Rape Crisis Center • Provided case management for 229 persons experiencing homelessness or at risk of homelessness through Community Mission of Hope • Provided direct advocacy for four foster children through Voices for Children • Provided before and after school care for 8 children through the Boys & Girls Club • During the plan year, the City's CDBG funds assisted a total of 975 Temecula Residents During the plan year, remaining CV funds from that activity were closed, carried into the City approved Mary Phillips Senior Center Outdoor Recreation Area project. This activity expands the available space that the attending senior population can utilize by practicing safe distancing while still enjoying and engaging with one another at the center. It utilized unused space to create outdoor activity space and included meeting locations and added additional seating space that can be used as the interior space of the center was being utilized and caused moments where practicing safe distancing would be more difficult. This project ensures that one of Temecula's most vulnerable populations when it comes to COVID-19 is assisted. The project was awarded during the plan year with construction to be completed during the next program year. _ Community Development Animal Control (AFV) Accomplishments: • Started negotiations on anew Shelter Operations agreement Staffing/Team Building Accomplishments: • Matt Peters promoted to Assistant Director of Community Development 0 Public Works Year in Review - 2023 Public Works Department Park Maintenance Division • Harveston Community Park • Painted shade pavilion • Painted park pathway light poles • Harveston Lake Park • Replaced gazebo decorative string lights • Painted restroom buildings • Temecula Duck Pond Park • Completed sediment removal (developer) • Kent Hintergardt Park • Completed Accelerated Recycled Water Retrofit Project Public Works Department Park Maintenance Division • Ronald Reagan North South Fields • Pump track seal coat • Ronald Reagan North South Fields • Sports lighting LED retrofit • Ronald H. Roberts Temecula Public Library • Completed fountain renovation and landscape enhancements at Children's Garden • Citywide • Completed tree trimming maintenance for approximately4,400 park, median & slope trees, and 1,200 right-of-way trees • Planted 357 trees • Responded and resolved over 1,600 Service Order Requests Public Works Department Facilities Maintenance Division • Civic Center • Construction for new Code and Fire offices is underway, late DEC 2023 completion • Continuation of in-house LED light upgrade/replacement throughout building, 35% complete • Ronald H. Roberts Temecula Public Library • Upgraded story time room colored lighting from neon to LED • Added kids bookshelf units to the Friends Library area • Replaced wood benches and trash cans with new metalvinyl coated ones • Senior Center • Replaced all rooftop A/C units and exterior ductwork • Resealed, striped, and painted all parking lot • Replaced two drinking fountains with updated bottle fill fountains • Welcome Center • Repurposed office furniture from TVE2 Public Works Department Facilities Maintenance Division • Police Storefront • Replacing 2 main rooftop A/C package units • Childrens Museum • Reconfigured/Remodeled maze area to accommodate new exhibit • Various upgrades including painting, lighting, and electric for exhibits • TCC • Removed and replaced old drinking fountain, with new bottle fill style drinking fountain • Parking Structure • Installed 330' of new decorative security fencing on 3rd floor of garage Temecula Valley Museum • Parking lot seal/stripe scheduled to be done in NOV 2023 Park and Ride • Installed four new EV charging stations Public Works Department Facilities Maintenance Division • TVE2 • Updated 75% of upstairs workspace lighting to LED lighting • Updated restroom manual flush valves to automatic flush • Updated all A/C thermostats • Old Town Temecula Community Theater • Replaced A/C package unit on upstairs classroom • Chapel of Memories • Painted exterior • Help Center • Painted exterior • Safe House • Updated burglar system Public Works Department Streets Maintenance Division • Residential Slurry Seal • 8,351,055-Square- Feet • Pavement Rehabilitation (Milled and Paved) • Redhawk Pkwy, 9,630-Square-Feet • E/B Rancho California Road, 1,400-Square-Feet • Overland Trail, 10,790-Square-Feet • Pauba Road, 28,000-Square- Feet • Remove and Replace Asphalt • Misc. Locations in Meadowview: 6,470-Square-Feet • Asphalt Repaired • 43,280-Square-Feet • Graffiti Removed 0 29,559-Square-Feet Public Works Department Streets Maintenance Division • Service Order Requests • 1,075 • Signs Installed, Repaired or Replaced • 1,334 • Banners Installed/ Repaired / Replaced • 191 • Repainted Street Legends • 19,822 • Storm Drains Cleaned • 2,519 • Under Sidewalk Drains Cleaned • 37 Public Works Department Solid Waste and Recycling • Held Public Hearing to approve Commercial Collection Rates, and SB1383 Compliance Fee for FY23/24 • Completed and submitted Electronic Annual Report (EAR) as required by CalRecycle to report annual solid waste diversion performance, including new performance measures to meet SB1383 reporting requirements • Obtained 100% compliant status for SB1383 commercial and multi -family organics recycling • Submitted application for FY 22-23 SB 1383 Local Assistance Grant funds amount of $197,426 Public Works Department Land Development Division • The Land Development Division provides for the review and engineering approval of all proposed private developments and residential/commercial subdivisions within City limits to ensure compliance with City, State, and Federal Regulations. Applications received for review 4 132 p 8 LO s0 354 W Utilities N offstte ■ Onsite 0 Leg,] Is 100 150 20D 250 300 350 403 M 0reakdown of a ppI�cations for 2023 R ■ Ea�v+mM ■ Lot UrM Adrya mrru M&L cd way DrdkAki m • Tra{c Map * Orrrr•pROwh ■ Hain Raub ■ Mn4_lacrwcF-Tw-9 ■ Umm Main rnpaMnm.nrt SSnN"Uc--Uwi+ HPrO wrwMs ■ strnrl Impowm*-rks . 5ehrte tyro A¢nkhWrai- [14i1lM1q I - &arrrwNo[ kc■1r Public Works Department Land Development Division Onsite & Offsite Permits Issued Total is�ulsd = 107 Vert Ica; Boring rig Arng and Sniping irgfflti Signal Street Lights 5%FCVl Impr4ownne 15 Sireet anJ Storm Drain lrnProwments Storm Qtairr ampro,remeMi, miseeilarmousCnsroa€hrnerrt Permit Haul Route drive Apprcarh Trot Sutkdi"ion Mass/Rough Gradang Custom Singe FSrniy R-eyidsn W Comae(€ia Vlndustrlal ACnlinlstralfve Clearing 4 NUMBER OF UTILITY PERMITS ISSUED Total issued is 451 permit for a total of 39,414Slineal feet of work Nome 1 Public Works Department Land Development Division Issued Project Spotlights The following projects were issued in 2023 and PW inspectors have begun overseeing the construction: • Jefferson Buecking Apartments. • Everhome Suites. • Vine Creek Apartments. • PRADO. Public Works Department Land Development Division Service Level B • Residential Streetlight Annexation in Sommers Bend, staff worked with the Developer to add 683 parcels into Service Level B. Support To Other Departments In addition to our day-to-day activities, we provide support to the City Clerk's Office, Planning Department, and Building and Safety: • Completed 126 Records Requests. • Reviewed over 140 Planning Applications. • Pre -approved over 250 applications for Building and Safety submittals. Public Works Department Water Quality Division 61celri►*I11IT12C:Ua 6VQMP Submlttrd 12 A% cepied YQMP INW4440M NIPIDIIS InHmKtlonS Jam p4"Ons (High PrinrIFVj IC* 21% Public Works Department Traffic Engineering Division Traffic Capital Improvement Program Projects • HSIP Cycle 7 Fiber Optic Communication Upgrades and Coordination Signal Timing at 41 signalized intersections along Winchester Road, Rancho California Road, and Temecula Parkway- Completed • HSIP Cycle 9 Permissive Protected Left Turn (PPLT) Phasing at three signalized intersections -Under construction with anticipated completion in early 2024 • Citywide Fiber Communication Masterplan -Anticipated completion end of 2023 • Traffic signal installation at Rancho California Road and Tee Drive • Traffic signal installation at Ring Road and Promenade Mall East • Traffic signal installation at Butterfield Stage Road and Avenida Lestonnac • Successful award of four HSIP Cycle 11 grants for approximately $4M Public Works Department Traffic Engineering Division Traffic Safety and Circulation Improvements • School Crosswalk Upgrade Design - Helen Hunt Jackson and Rancho Elementary Schools • Wolf Creek Drive North at Redwood Road - All Way Stop with Crosswalks Design and Installation • Ynez Road/De Portola Road Traffic Calming - Installation of Signing, Bike Lane Buffers and Radar Speed Display Signs. • Mercedes Street at Fourth and Fifth Street - All Way Stop Design and Installation • Rancho California Road at Jefferson Ave/Old Town Front - Installation of Right Turn Pocket • Coordination of Engineering Traffic Speed Survey for various street segments Citywide Public Works Department Public/Traffic Safety Commission The Commission considered numerous issues that affect traffic circulation and traffic safety: • Golf Cart Ordinance Update • Campanula Way Traffic Calming • All -Way Stop at Pujol Street and Main Street • Rustic Glen Traffic Calming • All -Way Stop at Wolf Creek Dr N. and Redwood Road • Ynez Road/De Portola Road Traffic Calming • All -Way Stops on Mercedes Street at Fourth Street and Fifth Street • E-Bike Safety Measures 1#* • All -Way Stop at Camino Piedra Rojo and Parown Drive • Engineering and Traffic Survey Updates Public Works Department Capital Improvement Program (CIP) Division • Completed construction of the Mary Phillips Senior Center Enhancement and Renovation with a Grand Reopening held OCT 2023 • Completed construction of the shuffleboard courts, including lighting and shade structures for the Mary Phillips Senior Center Outdoor Recreational Area Project with a Grand Opening held NOV 2023 • Completed the procurement and installation of the Emergency Generator for the IV Mary Phillips Senior Center and completed the construction of the wall enclosure around it and the canopy above it • Completed construction of the Design -Build Margarita Recreation Center at Michael Mike' Naggar Community Park (first ever design -build project for the City) with a Grand Opening DEC 2023 • Completed construction of Phase 1 of the Community Recreation Center (CRC) Renovations • Completed installation of the Ronald Reagan Sports Park Pump Track Shade Structure which covers the launch pad Public Works Department Capital Improvement Program (CIP) Division • Completed the construction of several Pavement Rehabilitation Program projects: • Meadowview Side Streets and Paloma Del Sol Loop Road • Amarita Way Circle • Ynez Road (Equity Drive to North City Limits) • Solana Way (Ynez Road to Margarita Road) • Nicolas Road (Winchester Road to North General Kearny Road) • Winchester Road (Enterprise Circle West to Jefferson Avenue) • Completed the construction of Traffic Signal Installation - Rancho California Road at Tee Drive • Completed the construction of Traffic Signal Installation- Ring Road at Promenade Mall East Public Works Department Capital Improvement Program (CIP) Division • Completed construction of Citywide Concrete Repairs — Fiscal Year 2021-22 project. 60 repair locations were completed. Upgraded access ramps and school zone striping for pedestrian crossing locations at the following schools: • Pauba Elementary School • Vail Elementary School • Helen Hunt Jackson Elementary School • Worked with developer to complete construction of Traffic Signal Installation- Avenida Lestonnac at Butterfield Stage Road. Traffic Signal will be owned and maintained by the City • 1-1 5/French Valley Parkway Improvements, Phase II — Began construction of $72M contract in MAY 2023. Completion anticipated by MAY 2025. See website for traffic restrictions, construction videos, and project information: TemeculaCA.gov/fvp2 • Initiated the construction of the Citywide Concrete Repairs — Fiscal Year 2022-23 project: 106 locations to be repaired Public Works Department Capital Improvement Program (CIP) Division • Initiated construction of the Citywide Slurry Seal Program — Fiscal Year 2022-23 project: Slurry seal to be applied to approximately 8.2M-Square-Feet of roadway in the following areas: • Country Manor Estates • Lake Village • Windsor Crest • Alta Vista • Starlight Ridge • Starlight Ridge South • Los Ranchitos • Santiago Ranchos • Santiago Estate Public Works Department Capital Improvement Program (CIP) Division • Initiated construction of the Citywide Slurry Seal Program — Fiscal Year 2022-23 project: Slurry seal to be applied to approximately 8.2M-Square-Feet of roadway in the following areas: • Vintage Hills • Mendicino • BiscayHome Coming • Costain Collection • Veranda at Bridlevale • Country Glen/Bridlevale • Vail Ranch • Redhawk Public Works Department Capital Improvement Program (CIP) Division • Finalizing the design of the concession/storage room upgrade at the Ronald Reagan Sports Park North/South Ball Field for the Park Restroom Renovation, Expansion and ADA Improvements project. Construction will commence in Winter 2023-24 Continuing the design of the American with Disabilities Act (ADA) Transition Plan Implementation project. Focus is at the Ronald Reagan Sports Park 1W and the areas to be rehabilitated are the ADA pedestrian ramp from Margarita Road to the North/South Baseball Fields and the dugouts at the North/South Baseball Fields. Construction will commence in winter • Completed design of the 1-15 Congestion Relief project, auxiliary lane between Temecula Parkway/1-15 northbound onramp and 1-1 5/Rancho California Road offramp. $4.5M construction contract awarded DEC 2023. Begin construction by FEB 2024, lasting about 7-8 months • Completed the design of Santa Gertrudis Creek Phase II — Margarita Under -Crossing. Construction contract advertised and bids opened in NOV 2023. Beginning of construction is estimated in early 2024. $2.1 M contract with six-month construction duration • Completed the design of the Community Recreation Center (CRC) Splash Pad & Shade Structures. Construction contract advertised and bids opened in NOV 2023. Beginning of construction is anticipated in early 2024. $1.1 M contract with six- month construction duration Public Works Department Capital Improvement Program (CIP) Division • Finalizing the design and the environmental document of the 1-1 5/SR 79 South Enhanced Landscaping Project to beautify the west side of the interchange with local and community cultural aesthetic features. Construction is anticipated in Spring 2024 • Continuing the design and environmental document of Overland Drive Widening, Jefferson Avenue to Commerce Center Drive. The project will widen Overland to its ultimate width, in accordance with the Circulation Element of the General Plan. Construction is anticipated in 2024 • Continuing the design of Rainbow Canyon Road Pavement Rehabilitation. Construction is anticipated in Spring 2024 • Continuing the design for Fire Station 84 Renovation including: wellness room, storage, and upgrade of the training room. Construction is scheduled for Spring 2024 • Continuing the design and the environmental document of the Pickleball Courts Project to construct a dedicated pickleball facility. Construction is anticipated in Spring 2024 • Initiated the design for Fire Station 73 Addition, which includes the garage, workout, and storage rooms. Construction is scheduled for 2024 Public Works Department Capital Improvement Program (CIP) Division • Continuing the design for Murrieta Creek Improvements—Southside Parking Lot Configuration, which include modifying the parking lot, relocating parking light, pavement rehabilitation and slurry. Construction is scheduled for late -Summer 2024 • Continuing the design and the environmental document of Phase 1 of the Diaz Road Expansion Project to widen Diaz Road between Rancho California Road and Winchester Road to its ultimate width, in accordance with the Circulation Element of the General Plan. Construction was postponed allowing Eastern Municipal Water District to construct facilities in Diaz Road. Construction is anticipated in late 2024 • Continuing the design and the environmental document for the Murrieta Creek Bridge at Overland Drive. NEPA Completed in OCT 2023, CEQA anticipated completion in JAN 2023. Construction is expected in late 2025 • Continuing the full design and environmental document of the Bike Lane and Trail Program —Temecula Creek South Side Trail Project. Design is anticipated to be complete in Winter 2023-24. This project is currently not funded for construction • Continuing the design and the environmental document for the Electric Vehicle Charging Stations Project in conjunction with the southern California Edison Company's Charge Ready Program. This project will add eight new charging stations to Michael Mike' Naggar Community Park. Construction is concurrentwith the Margarita Recreation Center Public Works Department Capital Improvement Program (CIP) Division • Continued coordination with the US Army Corps of Engineers (USACE) and Riverside County Flood Control (RCFC) on the Murrieta Creek Flood Control project. A federal funding request has been submitted for Phase 2B of the project (Rancho California Road to Winchester) has been submitted • Finalized abridge study over Murrieta Creek for the Cherry Street Extension and Murrieta Creek Low -Flow Crossing • Finalizing the design and environmental documents for the Ynez Road Improvements —Phase II project, Ynez Road between Rancho Vista to Tierra Vista • Finalizing the design of the Utility Undergrounding— Citywide — Power Pole Serving 28551 and 28561 Old Town Front Street (Between Fifth and Fourth Street) project. Construction anticipated Spring 2024 • Ordered 76 lights for the Great Oak Trail Lighting Project • Initiated the design of Ronald Reagan Sports Park Skate Park. Construction is anticipated in Fall 2024 Public Works Department Capital Improvement Program (CIP) Division Working on several Sidewalk Old Town Improvement projects at various stages of development: • Completed design and initiated the construction of Additional Streetlights on Moreno Road and Mercedes Street (East of Old Town Front Street) • Finalizing the design of the South Side of Sixth Street (Old Town Front Street to Mercedes Street). Construction is anticipated in Spring 2024 • Initiated the design of Fifth Street Bulb -Outs. Construction is anticipated in Spring 2024 Working on several Citywide Sidewalk projects at various stages of development: • Ynez Road (Rancho Highland to Tierra Vista). Construction is anticipated in mid -Spring 2024 • Pauba Road (Elinda Road to Showalter Road). Construction is anticipated in mid -Spring 2024 Initiated the process of selecting a Design -Build team to design and construct various improvements to the Ronald Reagan Sports Park Hockey Rink. Most notable improvements are going to be a steel roof the covers the entire court, and court surfacing tiles that will improve safety Public Works Department Capital Improvement Program (CIP) Division • Initiated the design and permit application process with U.S. Army Corps of Engineers (USACE) for the Murrieta Creek Improvements — Trail Lighting project. • Provided staff with new drainage data in GIs as part of the Citywide Drainage Master Plan. Data includes owner, age, size, and material of pipe, along with other pertinent information. • Received several grants for projects as follows: • De Portola/Jedediah Smith Roundabout $800,000 — 2023 Federal Omnibus Bill. • Ynez Road Phase I (Rancho Vista to Duck Pond) $1,475,000— RCTC Measure A. • Ynez Road Phase I (Rancho Vista to Duck Pond) $1,000,000 —California Assembly Bill (AB) 102, Budget Trailer Bill. • Pauba Road Sidewalk (Elinda to Showalter) $362,600 - RCTC SB 821. • 1-1 5/French Valley Parkway Phase 111 $1,500,000 - WRCOG SW Zone TUMF. Public Works Department jjjjL_ fir`. __ . __ y` ' --' _ - `•� 1T1 @I IT.1 T I T r.Ti rcl 0 TET: } ,{ lw- lift I ME rp j'' Home J� • 0 TTs Y +� AMP i 1 � r _ }# 1p �� __4 A A' Home Public Works Department Capital Improvement Program (CIP) Division Mary Phillips Senior Center Outdoor Recreation Area 1T1 @I IT.1 T I T r.Ti rcl 0 TET: ;iiFIL - - loll- s #_ d r1 &jff y VW , '11�117 . I ---%w W-ws:z— -, Public Works Department Capital Improvement Program (CIP) Division • Redhawk Park Playground LEAGUE CITi A E S 0A —r '-01111 1-Manager Form of Gr u lily Departments t One City One Tearn; Establishing Effecf1ve City Manager -Council Relations m If you are going to achieve Excellence in big things, you develop the habit in little matters. Excellence is not an exception, it is a prevailing attitude." - Colin Powell Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Approve Annual City Council Protocol Manual for the 2024 Calendar Year PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY COUNCIL PROTOCOL MANUAL RELATED TO POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL BACKGROUND: On July 14, 2020, the City Council approved the creation of a City Council Protocol Manual as a part of its multi -phased, multi -year Race, Equity, Diversity and Inclusion (REDI) Initiative. On July 13, 2021, the City Council approved the general policy content of the City Council Protocol Manual. The City Council adopted its first five policies on September 28, 2021. On January 10, 2023, the City Council approved a Public Recognitions Policy and appointed an ad hoc City Council Protocol Manual subcommittee to guide staff in the preparation of additional policies for adoption in a completed manual. On March 14, 2023 the City Council adopted a revised policy related to agenda placement. On May 23, 2023, the City Council adopted three policies related to General Law City, Council -Manager Form of Government, and Role of Mayor, Mayor Pro Tempore and City Council. The Selection of Mayor and Mayor Pro Tempore policy was not adopted. On October 24, 2023, the City Council adopted five policies related to Use of City Letterhead and Seal, Complimentary Ticket Use and Reporting, Use of Systems, Electronic Communications and Technology Resources, State Mandated Training and Conflict of Interest Laws. On November 14, 2023, the City Council adopted the final four policies related to Appointments to Internal/External Committees, Compensation and/or Stipends, Code of Ethics, and Elected Official Travel and Reimbursement. As of November 14, 2023 the City Council Protocol Manual consists of 18 policies. It is recommended that the City Council adopt the annual City Council Protocol Manual. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. City Council Protocol Manual RESOLUTION NO.2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY COUNCIL PROTOCOL MANUAL RELATED TO POLICIES GOVERNING THE OPERATIONS OF THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On July 14, 2020, the City Council approved the creation of a City Council Protocol Manual as a part of its multi -phased, multi -year Race, Equity, Diversity and Inclusion (REDI) Initiative. Section 2. On July 13, 2021, the City Council approved the general policy content of the City Council Protocol Manual. Section 3. On September 28, 2021 the City Council adopted its first five policies related to Code of Conduct, Rules of Order for Public Meetings, Agenda Placements by Council Members, Requests for Information and Staff Time, and Public Participation at Meetings. Section 4. On January 10, 2023, the City Council approved a Public Recognitions Policy and appointed an ad hoc City Council Protocol Manual subcommittee to guide staff in the preparation of additional policies for adoption in a completed manual. Section 5. On March 14, 2023 the City Council adopted a revised policy related to Agenda Placements by Council Members. Section 6. On May 23, 2023, the City Council adopted three policies related to General Law City, Council -Manager Form of Government, and Role of Mayor, Mayor Pro Tempore and City Council. The Selection of Mayor and Mayor Pro Tempore policy was not adopted. Section 7. On October 24, 2023, the City Council adopted five policies related to Use of City Letterhead and Seal, Complimentary Ticket Use and Reporting, Use of Systems, Electronic Communications and Technology Resources, State Mandated Training and Conflict of Interest Laws. Section 8. On November 14, 2023, the City Council adopted the final four policies related to Appointments to Internal/External Committees, Compensation and/or Stipends, Code of Ethics, and Elected Official Travel and Reimbursement. Section 9. As of November 14, 2023 the City Council Protocol Manual consists of 18 policies. Section 10. All prior resolutions in conflict with and superseded by this resolution are hereby rescinded. Section 11. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of January, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk �J .-� , 1r I • M Alk 4,1 `y a The Heart of Southern California UPDATED NOVEMBER 14, 2023 Wine Country TABLE OF CONTENTS PolicyNo. 1....................................................................................................... General Law City Policy No. 2...................................................................... Council -Manager Form of Government Policy No. 3................................................Role of Mayor, Mayor Pro Tempore, and City Council PolicyNo. 4........................................................................................................ Code of Conduct Policy No. 5.............................................................................Rules of Order for Public Meetings Policy No. 6................................................................................. Public Participation at Meetings Policy No. 7..................................................................Agenda Placements by Council Members Policy No. 8.................................................................... Requests for Information and Staff Time Policy No. 9................................................................................................... Public Recognitions Policy No. 10.............................................................................. Use of City Letterhead and Seal Policy No. 11................................................................ Complimentary Ticket Use and Reporting Policy No. 12............... Use of Systems, Electronic Communications and Technology Resources Policy No. 13..........................................................................................State Mandated Training Policy No. 14...........................................................................................Conflict of Interest Laws PolicyNo. 15..........................................................................................................Code of Ethics Policy No. 16................................................................................ Compensation and/or Stipends Policy No. 17............................................................. Elected Official Travel and Reimbursement Policy No. 18........................................................ Appointment to Internal / External Committees Appendix A...................................................................................... Summary of Ralph M. Brown Act Laws B..............................................................................................Summary of Public Records Laws C....................................................................................... Summary of Conflicts of Interest Laws POLICY NO. 1 GENERAL LAW CITY CITY OF TEMECULA CITY COUNCIL POLICY Coo'( The Heart of Southern California Wine Country Title: General Law City Policy No. 1 Approved: May 23, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to reaffirm adherence to and acknowledgment of the City of Temecula as a general law city and include said policy in the City Council Protocol Manual. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Adherence to and Acknowledgment of the City of Temecula as a General Law City Local government agencies are established through the California Government Code and Article XI of the California Constitution. Local government agencies include counties, cities, special districts, and other regional bodies. The City of Temecula is a local government agency pursuant to these laws and incorporated as such on December 1, 1989. Cities provide essential and general services and programs for their residents such as health and safety and parks and recreation. Article XI, § 3 of the Constitution of California specifically provides for the creation of city government. As of the date of adoption of this policy, there are 482 incorporated cities in the State of California. Government Code §34100 et seq. sets forth the two types of cities - general law and charter. General law cities, the most common form, are governed by the California Government Code and other statutes. Charter cities, consisting of approximately one -quarter of the cities in California, are governed by their adopted charter. Matters deemed to be of "statewide concern" by the State of California, may be governed by statute irrespective of general law or charter designation. The City of Temecula is a general law city existing and operating pursuant to the laws set forth in the California Constitution, California Government Code, and other relevant statutes. POLICY NO. 2 COUNCIL-MANAGER FORM OF GOVERNMENT CITY OF TEMECULA CITY COUNCIL POLICY Coo'( The Heart of Southern California Wine Country Title: Council -Manager Form of Government Policy No. 2 Approved: May 23, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to reaffirm that the City of Temecula operates as a council- manager form of government and include said policy in the City Council Protocol Manual. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: eration as a Council -Manager Form of Government The council-manager form of government is the most common type of governance structure amongst cities in the United States. Under this form of government, residents elect a governing body (city council) to adopt legislation and set policy. The governing body then hires a manager or administrator with broad executive authority to carry out those policies and oversee the local government's day-to-day operations. This structure is similar to that of a corporation in the private sector whereby a board of directors sets forth policy and a chief executive officer implements such policy. The council-manager form of government recognizes the critical role of elected officials as policy makers, who focus on mapping out a collective vision for the community and establishing the policies that govern it. The form also recognizes the need for a highly -qualified individual who is devoted exclusively to the delivery of services to residents. Under the council-manager form, there is a clear distinction between the administrative role of the manager and the political and policy roles of the governing body. The operations of the local government organization reside with the appointed manager, allowing elected officials to devote their time and energy to policy development and the assessment of the effectiveness of those policies within the community. Government Code Section §34851 et seq. sets forth the process by which a council-manager form of government may be established in California. Temecula Municipal Code § 2.12 et. seq., adopted pursuant to the aforementioned code section, sets forth the specific duties, powers, and responsibilities of a city manager in relation to their service to the City of Temecula. The municipal structure of the City of Temecula is a council-manager form of government operating pursuant to the laws set forth in the California Government Code and Temecula Municipal Code. POLICY NO. 3 ROLE OF MAYOR, MAYOR PRO TEMPORE AND CITY COUNCIL CITY OF TEMECULA CITY COUNCIL POLICY Coo'( The Heart of Southern California Wine Country Title: Role of Mayor, Mayor Pro Tempore and City Council Policy No. 3 Approved: May 23, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to reaffirm the role of the Mayor, Mayor Pro Tempore and City Council and include said policy in the City Council Protocol Manual. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Role of Mayor, Mayor Pro Tempore and City Council The City of Temecula is a general law city, operating as a council-manager form of government, with a five -member, non -partisan legislative body. The legislative body is referred to as the city council. Each council member is directly elected by the registered voters of their district. The positions of mayor and mayor pro tempore are ceremonial in nature and not directly elected. The city council selects the mayor and mayor pro tempore amongst themselves and the positions typically serve a calendar year. The mayor is the public face of the community who presides at meetings, facilitates communication and understanding between elected and appointed officials and the public, and assists the legislative body in setting goals and advocating policy decisions. The mayor facilitates discussion and decision -making on important topics. The mayor pro tempore assists the mayor in fulfilling their role and presides in the absence of the mayor as needed. The primary role of the city council is to engage with the community to determine needs and in response provide policy direction to ensure a high quality of life for all. The city council exercises its authority and sets policy through an ordinance, resolution, or minute order capturing its collective action on a variety of topics such as health and safety, fiscal stability, and growth and sustainability. The city council also adopts the annual budget, appoints members to its advisory boards and commissions, and manages the positions of the city manager and city attorney. All other employees in the City of Temecula remain the management responsibility of the city manager and department directors appointed by the city manager. General day-to-day operations remain under the purview of the city manager appointed by the city council. The above reaffirms the role of the mayor, mayor pro tempore, and city council in the City of Temecula, a general law city with a council-manager form of government. POLICY NO, 4 CODE OF CONDUCT CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Code of Conduct Policy No. 4 Approved: September 28, 2021 Revised: N/A PURPOSE: The purpose of this City Council policy is to provide for considerate and thoughtful civil discourse through which respectful dialogue can occur in the best interest of the community. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: 1. Elected and Appointed Officials' Conduct with One Another Elected officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Notwithstanding this diversity, all have chosen to serve in public office in order to preserve and protect the high quality of life of the community. Even in the face of adversity and differences of opinion, this common goal is acknowledged and remains at the forefront. 1(a). In Public Meetings Formal titles and professional appearance Elected officials will refer to one another formally during public meetings, such as Mayor, Mayor Pro Tempore, Chair, or Council Member followed by the individual's last name. Council Members shall present a professional appearance in all public meetings. Civility and decorum in discussions and debate Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. While public officials have a right to state their opinions, public officials should set an example and refrain from personal, slanderous, threatening, abusive, or other disparaging comments. Shouting or physical actions that could be construed as threatening will not be tolerated. Role of Mayor in maintaining order It is the responsibility of the Mayor to keep the comments of members on track during public meetings. Members should honor efforts by focusing discussion on current agenda items. If there is disagreement about the agenda or the Mayor's actions, those objections should be voiced politely and with reason, following procedures outlined in the City Council Rules of Order. Effective problem -solving approaches Members have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Outside of official meetings, individual members represent themselves and not the City as a whole unless specifically authorized to do so by law or City Council policy. In private settings, members may communicate their individual viewpoints and opinions unless otherwise prohibited by law. In public, all members should strive to represent the official policies or positions of the City and City Council, although both the majority and minority viewpoint reflected in discussion may be shared or reported on. 1(b). In Private Encounters Respectful behavior in private The same level of respect and consideration of differing points of view that is deemed appropriate for public discussions should be maintained in private conversations. Insecurity of written notes, voicemail messages, and e-mail Technology allows words written or said without much forethought to be distributed wide and far. Written notes, voicemail messages and e-mail should be treated as potentially "public" communication. Private conversations with a public presence Elected officials are always on display and should be aware that their actions, mannerisms, and language are monitored by people around them that they may not know and may be shared with others unbeknownst to them. 2. Elected and Appointed Officials' Conduct with City Staff Governance of a City relies on the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected officials, and staff who implement and administer City Council direction and policy. Every effort should be made to show mutual respect for the contributions made by all for the betterment of the community. Staff as professionals The general expectation for all is clear and honest communication respecting the abilities, experience, and dignity of each individual. Contrary behavior towards staff is not acceptable. Public criticism of employees Elected officials should refrain from expressing concerns about individual employee conduct or performance in public, to the employee directly, or to the employee's manager. Such comments should be shared with the City Manager directly through private correspondence or conversation. Involvement in administrative functions In accordance with Section 2.12.080 of the Temecula Municipal Code, elected officials should not attempt to influence staff on the making of appointments, awarding of contracts, selecting of consultants, processing of development applications, granting of City licenses and permits, or any other administrative functions or operations of the City that fall within the purview of the City Manager. Requests for staff support Routine administrative support is provided to all Council Members. The Executive Assistant or others designated in the City Manager's Office, open and distribute mail, manage calendars and scheduling of meetings, and perform other similar administrative tasks for the City Council. Requests for additional staff support should be made to the City Manager directly to ensure proper allocation of resources. Solicitation of political support Elected officials shall not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from staff. City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace without utilizing any City equipment and/or resources. 3. Elected and Appointed Officials' Conduct with the Public 3(a). In Public Meetings Making the public feel welcome is an important part of the democratic process. Every effort should be made to be fair and impartial in listening to public testimony. While questions of clarification may be asked, the elected official's primary role during public testimony is to actively listen. Maintain an open mind Members of the public deserve an opportunity to influence the thinking of elected officials. To express an opinion prior to the close of debate or a public hearing casts doubt on the ability to obtain a fair review of the issue. This is particularly important when officials are serving in a quasi-judicial capacity and in these cases Council Members shall not express an opinion on the matter prior to the completion of the public hearing or receive evidence on the matter outside of the public hearing. Asking for clarification and avoiding debate Only the Mayor can interrupt a speaker during a presentation. However, a Council Member can ask the Mayor for a point of order if the speaker is off the topic or exhibiting disruptive behavior. It is the responsibility of the Mayor to remain calm at all times, keep the speaker focused, and maintain the order and decorum of the meeting. The Mayor and all members of the City Council should follow the City Council Rules of Order in conducting public meetings and the City Attorney is present to make any final rulings on meeting procedures if needed. 3(b). In Unofficial Settings Members will frequently be asked to explain a Council action or to give their opinion about an issue as they meet and talk with constituents in the community. It is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise Council or board/commission action, or to promise City staff will do something specific (fix a pothole, remove a library book, plant new flowers in the median, etc.). It is acceptable to publicly disagree about an issue, but it is unacceptable to make derogatory comments about other members, their opinions and actions. Members shall refrain from expressing any opinions related to quasi-judicial land use matters in all unofficial settings as such discussions must occur in public meetings for the official record. Unofficial settings include internet and social media platforms (i.e., Facebook, Twitter, blogs, etc.) 4. Enforcement The Code of Conduct expresses standards of conduct expected for members of the Temecula City Council. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of local government. Members who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council, lose committee assignments, or have other official representation on behalf of the City restricted. Serious infractions of the Code of Conduct could lead to other sanctions as deemed appropriate by the Council. POLICY NO. 5 RULES OF ORDER FOR PUBLIC MEETINGS CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Rules of Order for Public Meetings Policy No. 5 Approved: September 28, 2021 Revised: N/A PURPOSE: The purpose of this City Council policy is to ensure that the business of the people that is conducted at a public meeting is done so in a clear, concise and orderly manner. I:19111 S The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Obtaining the Floor. Any Council Member wishing to speak must first obtain the floor by being recognized by the Mayor. The Mayor must recognize any Council Member who seeks the floor when that Council Member is appropriately entitled to do so. Council Discussion. Following the staff report and public comments on an item, the Council may discuss the matter before a motion is made. Motions. The Mayor or any member of the Council may call for action on any matter before the Council by making a motion. Before the motion can be considered or debated it must be seconded. Once the motion has been properly made and seconded, the Mayor shall open the matter for debate offering the first opportunity to debate to the moving party and, thereafter, to any Council Member properly recognized by the Mayor. Once the motion has been fully debated and the Mayor calls for a vote, no further debate will be allowed. However, Council Members may be allowed to explain their vote. Council Questions Only During Staff Report or Public Comment. Council participation during the presentation of public testimony or staff reports shall be limited to questions asked at the conclusion of the testimony. No general discussion should be permitted until the testimony has been completed. Council discussion not relevant to the agenda item should be reserved forthe City Council Reports portion of the agenda. Voting. If the vote is a voice vote, the Mayor shall declare the result and note for the record all yes votes and all no votes. The Council may also vote by roll call or electronically. Regardless of the manner of voting, the results reflecting all yes and no votes and the Council Members who cast them must be clearly set forth in the minutes of the meeting. No secret ballots are allowed. To be adopted, a motion requires the yes vote of a majority of the quorum present, unless the vote of three Council Members is required by statute, ordinance, or resolution. If a member is disqualified from voting, the member shall not participate in the consideration of the matter and shall not be counted for the purpose of the quorum. In addition, as required by the Fair Political Practices Act and regulations the member shall leave the dais and the Council chamber during the consideration of the matter, except for matters on the Consent Calendar. If, however, the matter is being considered on the Consent Calendar and has not been removed from the Consent Calendar, the Council Member may remain on the dais and disclose the reason for disqualification. A disqualified Council Member may speak on the matter as a private citizen, but only to the limited extent allowed by the Section 18702.5 of the Regulations of the Fair Political Practices Commission, or its successor sections. A tie vote means no action has been taken on the motion. Procedural Rules of Order. Once the main motion is properly placed on the floor, several related motions may be employed in addressing the main motion, and if properly made and seconded, must be disposed of before the main motion can be acted upon. The following motions are appropriate and may be made by the Mayor or any Council Member at any appropriate time during the discussion of the main motion. They are listed in order of precedence. The first three subsidiary motions are not debatable; the last three are debatable. Subsidiary Motions. Lay on the Table. Any Council Member may move to lay the matter under discussion on the table. This motion temporarily suspends any further discussion of the pending motion without setting a time certain to resume debate. To bring the matter back before the Council, a motion must be adopted that the matter be taken from the table. A motion to take from the table must be made at the same meeting at which it was placed on the table or at the next meeting of the Council. Otherwise the motion that was tabled dies, although it can be raised later as a new motion. A motion to lay on the table is not debatable. Move Previous Question. Any Council Member may move to immediately bring the question being debated by the Council to a vote, suspending any further debate. The motion must be made and seconded without interrupting one who already has the floor. A majority vote of the quorum present is required for passage. A motion to move previous question is not debatable. Limit or Extend Limits of Debate. Any Council Member may vote to put limits on the length of debate. The motion must be made and seconded and requires a majority vote of the quorum present to pass. A motion to limit or extend limits of debate is not debatable. Postpone to a Time Certain. Any Council Member may move to postpone debate and action on a motion to a date and time certain. A motion to postpone to a time certain is debatable. Commit or Refer. Any Council Member may move that the matter being discussed should be referred to staff, a committee, or a commission for further study. The motion may contain directions for the staff, committee, or commission, as well as a date upon which the matter will be returned to the Council's Agenda. If no date is set for returning the item to the Council Agenda, any Council Member may move, at any time, to require that the item be returned to the Agenda. A motion to commit or refer is debatable. Amend. Any Council Member may amend the main motion or any amendment made to the main motion. Before the main motion may be acted upon, all amendments and amendments to the amendments must first be acted upon. An amendment must be related to the main motion or amendment to which it is directed. Any amendment that substitutes anew motion rather than amending the existing motion is out of order and may be so declared by the Mayor. A motion to amend is debatable. Motions of Privilege, Order, and Convenience. The following actions by the Council are to ensure orderly conduct of meetings and are for the convenience of the Mayor and Council Members. These motions take precedence over any pending main or subsidiary motion and may be debated except as noted. Call for Orders of the Day. Any Council Member may demand that the agenda be followed in the order stated therein. No second is required, and the Mayor must comply unless the Council, by majority vote, sets aside the agenda order of the day. Request for Privilege. Any Council Member, at any time during the meeting, may make a request of the Mayor to accommodate the personal needs of the Council for such things as reducing noise, adjusting room temperature, ventilation, etc. The validity of the request is ruled on by the Mayor. Recess. Any Council Member may move for a recess. No second is required, and the Mayor must comply unless the Council, by majority vote, sets aside the motion. Adjourn. Any Council Member may move to adjourn at any time, even if there is business pending. The motion must be seconded, and a majority vote is required for passage. A motion to adjourn is not debatable. Point of Order. Any Council Member may require the Mayor to enforce the rules of the Council by raising a point of order. The point of order shall be ruled upon by the Mayor. Appeal. Should any Council Member be dissatisfied with a ruling from the Mayor, he or she may move to appeal the ruling to the full Council. The motion to appeal requires a second, and the ruling of the Mayor may be overturned by a majority vote of the members present. Suspend the Rules. Any Council Member may move to suspend the rules if necessary to accomplish a matter that would otherwise violate the rules. The motion requires a second, and a majority vote is required for passage. Division of Question. Any Council Member may move to divide the subject matter of a motion which is made up of several parts so that Council Members can vote separately on each part. This motion may also be applied to complex ordinances or resolutions. Reconsider. Except for votes regarding matters that are quasi-judicial in nature or matters that require a noticed Public Hearing, the Council may reconsider any vote taken at the same meeting, but no later than the same or next regular meeting, to correct inadvertent or precipitant errors or to consider new information not available at the time of the vote. The motion to reconsider must be made by a Council Member who voted on the prevailing side, must be seconded, and requires a majority vote of the quorum for passage, regardless of the vote required to adopt the motion being reconsidered. If the matter is to be reconsidered at the next regular meeting, a Council Member on the prevailing side must ask the City Clerk to place the matter on the agenda or otherwise comply with the Government Code. If the matter to reconsider is successful, the matter to be reconsidered takes no special precedence over other pending matters and any special voting requirements related thereto still apply. Except pursuant to a motion to reconsider, once a matter has been determined and voted upon, the same matter cannot be brought up again at the same meeting. Rescind, Repeal, or Annul. The Council may rescind, repeal, or annul any prior action taken with reference to any legislative matter so long as the action to rescind, repeal, or annul complies with all the rules applicable to the initial adoption, including any special voting or notice requirements or unless otherwise specified by law. Council Authority. The Council shall have the authority to waive provisions of the procedures established by this Resolution unless the procedure is required. Failure of the Council to follow the procedures established by this Resolution shall not invalidate or otherwise affect any action of the Council. POLICY NO. 6 PUBLIC PARTICIPATION AT MEETINGS CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Public Participation at Meetings Policy No.: 6 Approved: September 28, 2021 Revised: N/A PURPOSE: The purpose of this City Council policy is to ensure that the community can formally address their local representatives in a public meeting regarding matters that relate to Council business or citizen concerns within the subject matter jurisdiction of the City Council. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: PUBLIC PARTICIPATION IN COUNCIL MEETINGS Audience Decorum. Members of the audience have the right to express their views about items on the agenda or issues within the jurisdiction of the City subject to the time, place and manner rules described in this Policy. Actions expressing the views of members of the public, such as clapping, whistling; stomping; sign waving are permitted as free speech so long as the actions do not disturb, disrupt, or otherwise impede the orderly conduct of the meeting. The Council expects persons speaking at City Council meetings to do so in a civil manner that promotes the free exchange of ideas and encourages public participation. Request to Speak Form. Members of the public may address the City Council during Public Comments and before consideration of any agenda item; however, no person shall address the Council without first being recognized by the Mayor. Any person wishing to speak, whether during Public Comments, Consent Calendar, or on an agenda item, shall first complete a Public Comment or Request to Speak form and submit this form to the City Clerk or Deputy City Clerk before the Mayor calls for Public Comments or calls the particular agenda item. A speaker is not required to list his or her name and address, but doing so does helps the Council and staff to provide follow-up information to the speaker if needed. Speakers shall be called in the order their Request to Speak form is received by the City Clerk or Deputy City Clerk. Speak Only Once. Second opportunities for the public to speak on the same issue will not be permitted unless mandated by state or local law. Addressing the Council. Comment and testimony shall be directed to the Council through the Mayor. Dialogue between and inquiries from citizens at the podium and individual Council Members, members of staff, or the seated audience is not permitted. Council Members seeking to clarify testimony or gain additional information should direct their questions through the Mayor. Public Comments to City Council Non -Agenda Items and Consent Calendar. The public has right to comment on matters within the jurisdiction of the Citythat are not listed on the agenda as provided in this Policy. The agenda shall provide for such public comments. Public Comments will be heard at the meeting in the manner noted on the agenda. A maximum of thirty (30) minutes shall be allowed for such public comments. A member of the public who wishes to speak under Public Comments may fill out a Public Comment Request to Speak form and submit it to the City Clerk or Deputy City Clerk before the Mayor calls for Public Comments. Persons may speak under Public Comments for three (3) minutes. Deferral of one speaker's time to another is not permitted. State law prohibits the City Council from taking action on any item not listed on the agenda unless the Council makes a determination that an emergency exists or that the need to take immediate action on the item arose subsequent to the final posting of the agenda. Council Members or staff members may provide brief response to comments, ask brief questions of the speaker, refer the speaker to staff or another agency, or request that the matter be placed on an agenda in a manner that is consistent with the City Council policy for the placement of items on a future agenda. Council Member or staff responses shall not exceed three (3) minutes each. Consent Calendar Items. Members of the public who wish to speak on a Consent Calendar item will be allowed to speak for a maximum period of 30 minutes prior to the consideration of the Consent Calendar. Persons may speak on Consent Calendar items for three (3) minutes each. Deferral of one speaker's time to another is not permitted. Agenda Items. The public has a right to comment on agenda items. A member of the public who wishes to speak on an agenda item may fill out a Request to Speak form and submit it to the City Clerk or Deputy City Clerk before the Mayor calls the agenda item. Subject to the special provisions discussed below for Public Hearings, persons may speak about an agenda item for a maximum of five (5) minutes. Deferral of one speaker's time to another is not permitted. In the event there is a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak on the item. Disruptive Behavior Prohibited at Council Meetings. The Council expects persons speaking at the City Council meeting to do so in a civil manner that promotes the free exchange of ideas and encourages public participation. Any person who engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the Mayor, or the presiding officer, or a majority of the City Council, be barred from further audience before the City Council during that meeting. Examples of disruptive behavior. Examples of behavior that can actually disrupt, disturb, or otherwise impede the orderly conduct of a City Council meeting include, but are not limited to, the following: (1) Speaking without being recognized by the Mayor or the presiding officer. (2) Continuing to speak after the allotted time has expired. (3) Speaking on an item at a time not designated for discussion by the public of that item. (4) Throwing objects. (5) Speaking on an issue that is not within the jurisdiction of the City Council. (6) Speaking to the audience rather than to the City Council. (7) Interrupting a person who is speaking to the City Council during such person's allotted time. (8) Preventing a person from speaking to the City Council during such time as is allocated for comments from the public. (9) Wearing of a mask, costume, disguise or other regalia or paraphernalia that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting. (10) Uttering loud, threatening, or abusive language that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting. (11) Clapping, whistling, stomping feet, and sign waving that actually disrupts, disturbs or otherwise impedes the orderly conduct of the City Council meeting. Enforcement. The rules of conduct for City Council meetings set forth in this section shall be enforced in the following manner: (1) Warning to desist. Whenever practicable, the Mayor, or the presiding officer, or a majority of the City Council shall give a warning to a person whose behavior is actually disrupting, disturbing or otherwise impeding the orderly conduct of a City Council meeting. The warning shall identify the disruptive behavior and the manner in which the person must comply. A warning shall not be necessary when it would not be effective due to extraordinary circumstances. Examples of extraordinary circumstances in which no warning is required include situations in which a warning would be difficult to hear over the noise of the disturbance; situations involving an immediate threat to public safety such as the throwing of objects or the display of a weapon; and situations involving a person who has been warned about the same type of disruptive behavior at a City Council meeting held within the prior thirty (30) calendar days. (2) Recess. If, after receiving a request from the Mayor, the person persists in violating the rules, the Mayor may order a recess. Any representative of law enforcement who is present at the meeting when the violation occurs shall be authorized to warn the person that his or her conduct is violating the rules and that he or she is requested to cease such conduct. (3) Order barring person from meeting. The Mayor, or the presiding officer, or a majority of the City Council may issue an order barring a person from the remainder of a City Council meeting if such person was warned at that City Council meeting about disruptive behavior and such person again engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of the meeting. Additionally, the Mayor, or the presiding officer, or a majority of the City Council may issue an order barring a person from the remainder of a City Council meeting without a warning if there are extraordinary circumstances and the person engages in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of the meeting. (4) Removal. If a person barred from the remainder of a City Council meeting does not voluntarily exit the Council chambers, the Mayor, or the presiding officer, or a City Council majority may direct the Sergeant -at -arms to remove that person from the Council chambers and exclude that person for the remainder of that meeting. (5) Clearing the Room. Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to disrupt, disturb or otherwise impede the orderly conduct of such meeting and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, City Council may order that the meeting room may be ordered cleared and the meeting shall continue in session. The motion to clear the room shall be by a vote not less than three members of the City Council in favor. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to Government Code Section 54957.9. (6) Violation of the California Penal Code. A person or persons who substantially impairs the conduct of a City Council meeting by knowingly and intentionally violating these rules of decorum may be prosecuted under Penal Code Section 403 for disturbing a public meeting. Every person who violates Penal Code Section 403 is guilty of a misdemeanor. Unlawful behavior. The following conduct shall be unlawful: (1) Engaging in behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting after receiving a warning at that meeting from the Mayor, or the presiding officer, or a City Council Member. (2) Refusing to leave the Council chambers after being barred for the remainder of a City Council meeting by the Mayor, or the presiding officer, or a City Council majority. (3) Returning to the Council chambers before the conclusion of a City Council meeting after being barred for the remainder of that meeting by the Mayor, or the presiding officer, or a City Council majority. Sergeant -at -arms. The Sheriff, or such members of the Sheriff's Department as he or she may designate, shall attend each Council meeting and shall be Sergeant -at -arms of the City Council unless otherwise directed by the City Manager. The Sergeant -at -arms shall carry out all lawful orders given by the Mayor, or the presiding officer, or a majority of the City Council for the purpose of maintaining order at City Council meetings. The Sergeant -at -arms shall have the authority and power to enforce the orders of the Mayor, or the presiding officer, or a majority of the City Council relating to the order and conduct of City Council meetings. Any Council Member may move to require the Mayor, or presiding officer, to enforce the rules of conduct and a majority vote of the Council shall require him or her to do so. Motion to Enforce. If the Mayor fails to enforce the rules of decorum set forth herein, any Council Member may move to require the Mayor to do so, and an affirmative vote of three members of the Council shall require the Mayor to do so. If the Mayor fails to carry out the will of the majority of the Council in this matter, the Council by an affirmative vote of three Council Members may designate another Council Member to act as Mayor for the limited purpose of enforcing the rules of decorum established herein for that meeting. PUBLIC HEARINGS Process and Procedures. The City Council conducts Public Hearings on applications, projects, and other matters as required to provide due process of law. The following outlines the process under which Public Hearings will be conducted. Staff will review the application/project/matter, will prepare a staff report, and may make a recommendation or propose alternatives to the City Council prior to the Public Hearing. A notice of the Public Hearing shall be posted, published, and mailed as required by law and the Temecula Municipal Code. The members of the City Council will receive the staff report for the application/project/matter in the agenda packet prior to the meeting. This provides the Council with an opportunity to study the staff report, which will become part of the hearing record, and to become familiar with the project prior to the Public Hearing. When the Public Hearing is called, staff shall summarize the application/project/matter as contained in the staff report or request a continuance to a future meeting. The City Council may ask questions for clarification. Once the Public Hearing is opened, the applicant/property owner and the appellant is entitled to present the application/project/matter in person or through a representative. Following this presentation, members of the public shall be called upon to speak on the application/project/matter in the order their Request to Speak forms are received by the City Clerk or Deputy City Clerk. Once the members of the public have spoken, the applicant/property owner and the appellant shall be provided an opportunity to rebut any testimony or evidence provided by opponents or by staff. The rebuttal shall be limited to answering or refuting testimony of the public or staff. Following each presentation, members of the City Council may question the speakers. Following rebuttal, the item is then before the City Council for discussion and clarification. When all parties have been heard and there are no additional requests to speak, the Mayor may close the Public Hearing and any member of the Council may make a motion to: (1) Reopen the Public Hearing and continue it to a date certain to allow for further study or discussion; or (2) Adopt the resolution or ordinance for approval or denial of the project, with or without changes, as recommended in the Staff Report; or (3) Direct Staff to prepare a different resolution or ordinance than the one recommended for adoption on the Consent Calendar at the next regular meeting of the City Council. The applicant may withdraw the application/project/matter at any time before a vote is taken by the City Council. An appellant may withdraw its appeal at any time prior to the opening of the public hearing. Speaker Time Limits for Public Hearings At Public Hearings involving land use matters the property owner or the applicant/property owner has the burden of proof and, therefore, shall be allowed fifteen (15) minutes for an initial presentation by its development team and an additional ten (10) minutes for rebuttal by its development team following the other comments on the matter. The Mayor may allow more time if required to provide due process for the property owner or applicant. An appellant, other than the property owner or applicant, and the spokesperson for an organized group of residents residing within the noticed area of the property which is the subject of the Public Hearing, shall be allowed fifteen (15) minutes to present the appellant's position to the Council. The Mayor may allow more time if required to provide due process for the appellant. All other members of the public may speak during the Public Hearing for a maximum period five (5) minutes each. Deferral of one speaker's time to another is not permitted. In the event there is a large number of speakers, the Mayor may reduce the maximum time limit for members of the public to speak. Policy Applicable to All Public Meetings of the City. The above -referenced public participation standards of this Policy shall apply to all public meetings of the City including City Council and all commissions, boards and committees of the City. POLICY NO. 7 AGENDA PLACEMENT BY COUNCIL MEMBERS CITY OF TEMECULA CITY COUNCIL POLICY Aft A'1 The Heart of Southern Califarnia Wine Country Title: Agenda Placement by Council Members Policy No. 7 Approved: September 28, 2021 Revised: March 14, 2023 PURPOSE: While most agenda items are scheduled through the City Manager's Office based on the administrative and operational needs of the City, the purpose of this City Council policy is to provide for an effective and efficient process through which an individual Council Member may place an item on the agenda. POLICY: Request for Placement. Any Council Member, including the Mayor, may request that an item be placed on a future agenda. The Council Member's request will be considered by the City Council under the "Items for Future City Council Agendas" section of the agenda. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. The Council Members description of the requested future agenda item shall not exceed three (3) minutes unless extended by a majority vote of the City Council. No substantive discussion on the subject to be placed on a future agenda of the motion may occur except to explain the general nature of the item and the issue of timing for its placement on a future agenda. While a member of the public may express a desire to place an item on the agenda for consideration, items may only be placed on the agenda by Council Members pursuant to this policy or by the City Manager based on administrative or operational needs of the City. Response to Request for Placement. In response to such a request to place an item on the agenda by an individual Council Member, the City Council by a majority vote may choose to do any of the following: (1) Refer the item to the City Manager with specific direction to place the item on the agenda, conduct additional research and/or obtain additional information to report back to the City Council, and/or any other specific direction that the City Council deems appropriate. (2) Refer the item to the City Council subcommittee most related to the subject matter of the request for additional review and consideration. The relevant Council subcommittee after consideration may place the item on an agenda at their request and/or report back the findings of their consideration at a Council meeting under the "City Council Reports" section of an agenda. At the direction of the subcommittee, the City Manager may also share the general findings in writing as an update to the full City Council. (3) Take no action. Absent a majority vote of the City Council to refer an item pursuant to (1) and (2) above, the proposed item shall not be placed on a future agenda. Motion Required. If a motion to refer an item pursuant to (1) and (2) above is made, seconded and approved by a majority vote of the City Council, the proposed item will be processed accordingly through the City Manager. If there is no second, or the motion fails for the lack of a majority, no subsequent action shall be taken on the request. Time for Discussion and Public Comment Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed three (3) minutes. General discussion amongst the City Council on the placement of agenda items listed under the "Items for Future City Council Agendas" section of the agenda shall be limited to 15 minutes. Timing Direction. If the motion provides specific direction regarding timing, the approved item will be referred and/or placed on a future agenda consistent with that direction. If the motion is silent regarding timing, the approved item will be placed on a future agenda at the earliest reasonable time as determined by the City Manager. Recurring Requests. Requests by Council Members to add the same agenda item to every subsequent agenda are not permitted. An item may not be reconsidered for placement for a minimum of three (3) months unless approved by a majority vote of the City Council. POLICY NO. 8 REQUEST FOR INFORMATION AND STAFF TIME CITY OF TEMECULA CITY COUNCIL POLICY Aft A'1 The Heart of Southern Califarnia Wine Country Title: Requests for Information and Staff Time Policy No. 8 Approved: September 28, 2021 Revised: N/A PURPOSE: The purpose of this City Council policy is to ensure the effective use of staff time to fulfill individual City Council Member requests in balance with implementing the direction of the full City Council. POLICY: 1. General. Unless circumstances warrant otherwise, communications with staff should occur during normal City business hours. Responses to inquiries and questions should be expected within the next business day where possible. 2. Routine Requests for Information. Council Members may contact Executive Department Directors directly for information made readily available to the general public on a regular basis. Routine requests to provide information that can be fulfilled within a nominal period of time (i.e., status of a resident request, legislation, project timing, copy of existing documents, etc.) will be provided as soon as practicable. Staff shall treat all Council Members the same without preferential treatment and advise the City Manager of information provided as needed. 3. Non -Routine Requests for Information. Non -routine requests are defined as requests for information that exceed four (4) hours or one-half of a regular business day, as determined by the City Manager, to compile, research, prepare, etc.. Non -routine requests shall require the approval of the majority of the City Council. Non -routine requests may be placed on the agenda by the City Manager as an administrative or operational item under the Consent Calendar or Business section of the agenda to obtain such approval. The responsive information to non -routine requests will be distributed to the full City Council by way of written notification, as a future agenda item, or such other manner as determined by the City Manager. The City Manager retains the ability to bring any item to the full City Council irrespective of time constraints. The City Manager also retains the ability in the aggregate to perform work in response to individual City Council Member requests based on overall time and resource allocation. 4. Meeting Requests. Any Council Member requests for meetings with staff must be directed through the City Manager and/or relevant Executive Department Director, as appropriate. POLICY NO. 9 PUBLIC RECOGNITIONS POLICY CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Public Recognitions Policy Policy No. 9 Approved: January 10, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to ensure an effective and efficient process for the consideration and conduct of various public recognitions by the City Council. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Public Recognitions Ad Hoc Subcommittee A subcommittee shall be appointed annually as part of the City Council subcommittee review and selection process in January. To the extent possible, the subcommittee shall include both short and long tenured members of the City Council. The subcommittee will consider all public recognitions that include a nomination component (Community Leader Award of Distinction, Council Member Award of Recognition Upon Retirement, Wall of Honor, and Memorial, Monument and/or Facility Naming). The subcommittee will consider all nominations in a calendar year together and make recommendations to the full City Council. The subcommittee will function similarly to other ad hoc subcommittees that consider items on a calendar year basis. Standard Certificates of Recognition Standard certificates of recognition may be provided at the request of City residents, community leaders, businesses, nonprofit organizations, and/or Council Members. Standard certificates shall include those designated in the chart below. Such certificates shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Council Member attending a related event, (2) Mayor, (3) Mayor Pro Tempore, or (4) Council Member designated by the Mayor. 1 Certificate of Student of the Month, Student of the Year, Girl Common Achievement Scouts, Eagle Scouts, Student Sports and / Competitions, Youth in Government Monthly 2 Certificate of Former Board and Commission Members, Meeting Common Appreciation Entertainment 3 Certificate of Acts of Bravery, Heroism (Resident Assistance in Rare Commendation Emergency Circumstances), Veterans 4 Certificate of 25th/50th/75th/100th Birthdays, Wedding Rare Congratulations Anniversaries, Retirements 5 Certificate for Grand New Businesses / New Owners / Chamber of Common Opening / Ribbon Commerce (Economic Development Requests) Cutting 6 Certificates of Miscellaneous — Noteworthy Residents, Non -Profits, Common Recognition Foundations, Chamber Gala 7 Certificate of In Memoria, Adjournments Rare Remembrance 8 Certificate of Welcome Sister City Dignitaries Rare Proclamations Proclamations may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. The City Council shall approve annually a list of proclamations proposed to be issued for the calendar year. Unless three or more Council Members pull a proclamation from the list indicating exclusion, all proclamations on the annual list shall be issued for presentation via mail or in -person as requested. Proclamations shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor. 1 Proclamation Day, Week or Month of Observation Consistent with Common Regional, State and/or National Recognition for Public Awareness / Education Purposes 2 Proclamation — Person Recognition of Day in Celebration of a Person Rare (Council Member, Founding Member) Pins and Medals Pins and medals may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. Pins and medals shall include those designated in the chart below. Pins and medals shall be accompanied by a related certificate and shall be presented via mail or in -person as requested. Pins and medals shall be presented on behalf of the City of Temecula and any related certificate shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor. 1 Boy Scout / Girl Scout Eagle Scout, Bronze/Silver/Gold Award, or Similar Noteworthy Accomplishment Common 2 Hero's Medal and Pin Acts of bravery and courage in the service of others Rare Community Leader Award of Distinction A Community Leader Award of Distinction may be provided to a resident and/or nonprofit or business affiliate upon recommendation of the Public Recognitions Subcommittee. Such award is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, are well known and recognized by a significant segment of the community and their respective industry (education, nonprofit, business). 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members, a swag bag from the City, and other recognitions from the community/industry as they deem appropriate. Council Member Award of Recognition Upon Retirement A Council Member Award of Recognition Upon Retirement shall be provided to retiring Council Members as indicated below. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria: Criteria 1. Internal Form —The requisite recognition form, with supporting documentation, is submitted by relevant staff to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Service —The subject Council Member has completed a minimum of one full -term if elected or the whole of an unexpired term if appointed. 3. Subcommittee Consideration — The subject Council Member received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition —The subject Council Member receives recognition based on tenure with optional community recognitions at th meeting. While Board and Commission service is noted as part of the presentation, it is not counted towards years of service for purposes of recognition categories below: A. One Term (4 Years) — The subject Council Member receives an engraved plaque with years of service, a commemorative street sign, and a swag bag from the City. B. Two —Three Terms (8-12 Years) — The subject Council Member receives an engraved plaque with years of service, a framed proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City. C. Four Terms and Beyond (16+ Years) — The subject Council Member receives a shadow box with a key to the City, a proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City. Wnll of Wnnnr A Wall of Honor recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 10 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business). 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the perpetual Wall of Honor plaque located at City Hall. Memorial, Monument and/or Facility Naming A memorial, monument and/or facility naming recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at the site of the thing and/or place to be named. Any related certificate shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 20 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business). Such contributions exceed all other contributions in community value such that there is no other public recognition that can be applied.The 20 year period of time is subject to review and adjustment by the full City Council. 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the subject memorial, monument and/or facility. Miscellaneous The following non-standard recognitions shall not have a political, religious, lifestyle, and/or commercial association: Community Leader Award of Distinction, Wall of Honor, Memorial, Monument, and/or Facility Naming. In addition, Resolutions of Principle, defined as statements in which an organization describes its collective beliefs, values, and intentions towards a particular topic(s), will not be issued by the Council and are not included as a part of this policy. POLICY NO. 10 USE OF CITY LETTERHEAD AND SEAL CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Use of City Letterhead and Seal Policy No. 10 Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth clear guidelines for the use of City letterhead and seal for official City business. The use of City letterhead and seal for any other purpose is prohibited. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: City Letterhead City letterhead shall be used to convey official City business. Council Member correspondence written on City letterhead may reflect a majority position of the Council and/or an individual Council Member's position. For example, City letterhead may be used to convey a collective position of the City Council on legislation, signed by the Mayor on behalf of the City Council. In addition, an individual Council Member, under their individual signature, may use City letterhead to support and/or oppose legislation. Any use of City letterhead shall clearly reference whether the correspondence is being sent on behalf of the members collectively or an individual member. All Council Member correspondence using City resources shall be copied to the full Council. City Seal Pursuant to Government Code Section 40811 the City Clerk is the custodian of the City Seal. Temecula Municipal Code Section 1.12.020 states "The city clerk shall have custody and charge of the City Seal and such other insignia that may from time to time be adopted pursuant to this code. Except as provided by this code, any seal, insignia or other symbol officially adopted for use by the City shall not be affixed to any instrument without the special warrant of the City Clerk therefore." Use of the City Seal is limited to official City business (i.e., official documents) and representation of the City as a whole. Individual use of the City Seal is prohibited. POLICY NO. 11 COMPLIMENTARY TICKET USE AND REPORTING CITY OF TEMECULA CITY COUNCIL POLICY Aft A'1 The Heart of Southern Califarnia Wine Country Title: Complimentary Ticket Use and Reporting Policy No. 11 Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the use and reporting requirements affiliated with a complimentary ticket policy. The Political Reform Act, codified in the California Government Code, requires City officials and those employees designated in the City' s conflict of interest code to report gifts valued at $50 or more on their Statement of Economic Interests (Form 700). The regulating agency is the Fair Political Practices Commission (FPPC). FPPC Regulation 18944.1 provides that a ticket or pass provided to such persons by the City and distributed and used in accordance with an adopted written policy that meets the requirements of Regulation 18944.1 is not a gift under the Political Reform Act. The City adopted a Complimentary Ticket Policy in January 2009 and amended it in January 2016 and December 2019. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is attached as Exhibit A. EXHIBIT A POLICY EXHIBIT A RESOLUTION NO. 19-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA UPDATING THE CITY'S COMPLIMENTARY TICKET POLICY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council finds and determines as follows: A. The Political Reform Act requires City officials and those employees designated in the City's conflict of interest code to report gifts valued at $50 or more on their Form 700. FPPC Regulation 18944.1 provides that a ticket or pass provided to such persons by the City and distributed and used in accordance with an adopted written policy that meets the requirements of Regulation 18944.1 is not a gift under the Political Reform Act. B. The City adopted a Complimentary Ticket Policy in January 2009 and amended it in January 2016. The City must again amend the Complimentary Ticket Policy in order to update it to comply with revised FPPC Regulations. Section 2. The City Council hereby approves the "Complimentary Ticket Policy," attached hereto as Exhibit A, that amends and restates the Policy. The Complimentary Ticket Policy approved by this Resolution supersedes all previous versions of the policy. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10`h day of December, 2019. Jy ' , 4 ' % — Michael S. Naggar, Mayor ATTES . Randi Johl, City Clerk [SEAL] ii CITY OF TEMECULA COMPLIMENTARY TICKET POLICY 1. Purpose. This policy governs the distribution of complimentary tickets or passes received by the City, or at the behest of a City Official or City Employee, to a facility, event, show or performance for entertainment, amusement, recreational or similar purposes (the "Event"). Many of the rental agreements for the various musical and theatrical performances taking place at the Old Town Temecula Community Theater or other City -owned venues ("City Venues") require that booking entities provide a limited number of complimentary tickets to the City for performances. Additionally, the City is a sponsor of many other events in the community providing funds for the event or in -kind services to support the event ("City Sponsored Events"). The organizers of these specific events and other events within the City and County often provide the City with complimentary tickets to the event. The purpose of this Policy is to establish a fair and equitable process for the distribution of complimentary tickets to the City in compliance with the requirements of Section 18944.1 of the Fair Political Practices Commission Regulations. This Policy is subject to all applicable FPPC Regulations and the Political Reform Act, as now exist or may hereafter be added or amended, including, without limitation, definitions. (These regulations can be found at Title 2 of the California Code of Regulations and will be referred to as "FPPC Regulation"). 2. Distribution of Comnlimentary Tickets by the City. The City shall have sole discretion to determine who shall receive the complimentary tickets for Events that are provided to the City. A. The City Manager may provide two (2) complimentary tickets for each City Council Member and Commission Members ("City Officials") for an Event. An Event shall only include one performance during each engagement at the City Venues or for the City -Sponsored Event or other Event. "Commission Members" shall mean members of the Planning Commission, Community Services Commission, Public/Traffic Safety Commission, and Old Town Local Review Board, and other commissions or boards established by the City Council. 1) The tickets shall be used by the City Official, his or her immediate family or no more than one guest solely for their personal use. The City Official receiving complimentary tickets shall not transfer a ticket to any other person, except to members of the City Official's immediate family or no more than one guest solely for their attendance at the Event. 2) The public and governmental purpose of providing the complimentary tickets to City Officials for an Event is to enable them to advertise and promote the City of Temecula, to monitor and evaluate the City Venues and the quality of performances and to monitor and evaluate the value of the City -Sponsored Event to the City and their compliance with City policies, agreements and other requirements. 3) City Officials may purchase at face value additional tickets to performances at the City Venues or to the City Sponsored Event, but no more than two complimentary tickets or passes will be provided as described in this Section. 1 4) If complimentary tickets are provided to a City Official for an Event at which the City Official performs a ceremonial role, the ticket is not a gift but shall be reported as provided in this Policy. B. The City Manager may distribute two (2) complimentary tickets for a performance at a City Venue or a City Sponsored Event or other Event to a City Employee on an equitable basis. The tickets shall be used by the City Employee, the City Employee's immediate family or no more than one guest solely for their personal use. 1) The City Employee receiving the complimentary tickets shall not transfer the complimentary tickets, except to members of the City Employee's immediate family or no more than one guest solely for their attendance at the Event. 2) The purpose of providing the complimentary tickets to a City Employee is to enable the employee to advertise and promote the City of Temecula, to monitor and evaluate the City Venues and the quality of performances, evaluate the value of the City -Sponsored Event to the City and its compliance with City policies, agreements and other requirements, and to enhance employee morale. C. The City Manager may distribute complimentary tickets for an Event to non-profit community service groups who have received or are eligible for Community Service funding from the City. D. The City Manager may distribute complimentary tickets for an Event to persons participating in recreational, educational or cultural programs administered by the City or for other lawful purposes; provided, however, that complimentary tickets shall only be distributed to City Officials and City employees, their immediate family or no more than one guest in accordance with this Policy. E. Complimentary tickets to Events shall be distributed to City Officials and City Employees under procedures designated by the City Manager, provided the manner of distribution conforms to this Policy and can be documented and reported as required by this Policy. F. Any complimentary tickets for City Venues which are not distributed under this Policy may be sold by the City to the public. G. Complimentary tickets distributed to those persons described in this Policy shall not be transferred except as provided in this Policy and shall not be sold. H. If the public purpose cited for the use of tickets involves the oversight or inspection of facilities, the City Official or City Employee must document the public purpose by submitting a written inspection report of findings and recommendations to be provided to the City Clerk. 1. The disproportionate use of tickets or passes by a City Official, City Manager, or a member of the Executive Staff is prohibited. J. The attendance of a City Employee at an Event for the purpose of carrying out the employee's job duties or for the purpose of providing services on behalf of the City for the Event, 2 shall not be deemed to be the distribution of a complimentary ticket and does not need to be reported as otherwise provided in this Policy. K. Except for the provisions outlined in this Policy, this Policy shall in no way restrict or prohibit the Staff at the Old Town Temecula Community Theater from issuing complimentary tickets in compliance with the normal and customary business practices associated with promoting theatrical events and concerts to the general public. The public and governmental purposes of providing these complimentary tickets is to promote and advertise the City of Temecula and, particularly the Old Town Temecula Community Theater, to the public and the entertainment community and to develop quality entertainment for the Theater. 3. Complimentary Tickets Under this Policy Not Subject to Gift Regulations; Other Benefits Could Be Gifts. A. The distribution of complimentary tickets pursuant to this Policy shall not constitute a "gift" to a City Official or City Employee pursuant to the terms of FPPC Regulation 18940; provided, however, that other benefits, such as food or beverage or other gifts provided to an official that are not part of the admission provided to all members of the public with the same class of ticket, will need to be accounted and reported for as gifts. B. If the City receives complimentary tickets that are earmarked for particular City Official or City Employee, then the tickets are considered gifts to that City Official or City Employee. If these tickets not returned or donated, unused, to the provider, or if the City Official or City Employee does not reimburse the donor the full value of a ticket, within thirty (30) days of receipt, then the official must comply with the applicable FPPC gift limit regulations and reporting regulations. 4. Reportiny- of Complimentary Tickets. The distribution of the tickets and the use of any passes pursuant to this Policy shall be documented by the preparation and certification of the Fair Political Practices Commission Form 802. Within thirty (30) calendar days of the distribution of a ticket or the use of a pass the City Clerk, or his or her designee, shall prepare and certify Form 802, forward the Form 802 to the FPPC for posting on the FPPC's website, maintain the Form 802 as a public record and post it on the City's Website. This Policy shall be posted on the City website in a prominent fashion. 5. Complimentary Tickets to Political, Non -Profit and 501(c)(3) Organization Fundraisers. The reporting requirements f'or complimentary tickets to political, non-profit and 501(c)(3) organization fundraising events are governed by FPPC Regulation 18946.4 and the City has no jurisdiction to modify the reporting requirements. These complimentary tickets are referenced in this Policy as a convenience to persons seeking information concern distribution of complimentary tickets. A. Pursuant to FPPC Regulation 18946.4, all complimentary tickets provided directly to a City Official or City Employee to political, non-profit or 501(c)(3) organization fundraising events are reportable as gifts on an official's Economic Disclosure Form 700 and are subject to the annual gift limit set forth in FPPC Regulation 18940.2 unless one of the following narrow exceptions applies: • A City Official or City Employee may receive two complimentary tickets from a 501(c)(3) charitable organization to its fundraising event that shall be deemed to have no value. The official must make sure that the charity is a valid Internal Revenue Service 501(c)(3) organization because not all "non-profit organizations" are 501(c)(3) organizations. Also, additional complimentary tickets or admissions by invitations, or a gift of a ticket or tickets to a 501(c)(3) charitable organization's fundraising event to a City Official or City Employee from a third party other than the 501(c)(3) charitable organization, are gifts to the City Official or City Employee subject to the gift limit and reportable on Form 700. • A City Official or City Employee may receive two complimentary tickets to a political fundraising event for a political committee as defined in Government Code Section 82013(a), or a comparable committee regulated under federal law or the laws of another state holding an event in California, that shall be deemed to have no value. Also, additional complimentary tickets or admissions by invitations, or a gift of a ticket or tickets to a political committee or candidate's fundraising event to an official from a third party other than the committee or candidate sponsoring it, are gifts to the official subject to the gift limit and reportable on Form 700. B. FPPC Regulation 18946.4 contains detailed regulations concerning the calculation of the value of tickets to political and non-profit fundraisers when such tickets must be reported. C. Complimentary tickets to a fundraising event for non-profit organizations donated to the City without designation of who should attend will be distributed as otherwise provided in this Policy. 6. Effective Date. This Policy shall be effective on the effective date of Resolution No. 19-72. This Complimentary Ticket Policy was approved by Resolution No. 19-72 of the City Council on December 10, 2019. 47- Rand Jo , City Clerk 4 POLICY NO. 12 USE OF SYSTEMS, ELECTRONIC COMMUNICATIONS AND TECHNOLOGY RESOURCES CITY OF TEMECULA CITY COUNCIL POLICY Aft At cow,( '1 The Heart of Southern Califarnia Wine Country Title: Use of Systems, Electronic Communications and Technology Resources Policy No. 12 Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth certain expectations for the use of City systems, electronic communications and/or technology resources, regardless of whether the electronic communications and/or technology resources are owned or maintained by the City, to conduct City business. In utilizing systems, electronic communications and/or technology resources, all users are expected to share the obligation of safeguarding and maintaining the City's information and adhering to the relevant policy. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is attached as Exhibit A. EXHIBIT A POLICY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA INFORMATION TECHNOLOGY & SUPPORT SERVICES DEPARTMENT MEMORANDUM Aaron Adams, City Manager Michael K Heslin, Director of ITSS44*'0'?k June 13, 2023 Policy Update Approval — User Technology Resources Policy The attached User Technology Resources Policy is an update to the previously approved Employee Technology Resources Policy on October 30, 2023. The User Technology Resources Policy includes all definitions of communications (including email and text messaging) and Appropriate Use of Electronic Mail, Retention, and Responsibility of City Officials/Employees. City Attorney's Office has revised this policy to combine all facets of users and technology use into this policy where applicable. This update now combines employees, elected officials and other consultants into one policy and addresses use of personal technology. Attached is the updated User Technology Resources Policy dated June 13, 2023, that will supersede all other Employee Technology Resources Policies. Attached is the marked -up version for your reference. Please call me with any questions you may have. Thank you Rlmemos CITY OF TEMECULA INFORMATION TECHNOLOGY & SUPPORT SERVICES USER TECHNOLOGY RESOURCES POLICY DATE: June 13, 2023 DEPARTMENT APPROVAL: 6 i 3 Z D L3 Departm t ❑ire r ignature l are CI TY MANAGER APPROVAL City Manager Signature Date PURPOSE: All Users who access City systems or use any Electronic Communications or Technology Resources, regardless of whether the Electronic Communications or Technology Resources are owned or maintained by the City, to conduct City Business are expected to share the obligation for safeguarding and maintaining the City's information, as outlined in the following policy. If a User needs clarification on any of the terms of this Policy, the User should contact the ITSS Department. SCOPE: This Policy applies to all Users including those Users affiliated with third parties who access City Technology Resources or Electronic Communications or use any personal or commercial Technology Resources or create Electronic Communications to conduct City Business. User Technology Resources Policy Page 1 of 21 Table of Contents 1 Confidentiality. __.......... .......... ..................... ,.............. ............. ............................. ..................... ................ ... ..4 2 Definitions ................ ....,............... ............................. ..-.-..-..----------.-....... ....... ...... ..-.-.................. 4 2.1 "User" means all City employees, elected and appointed City officials, members of City commissions and advisory boards, and City consultants and other non -employees utilizing Electronic Communications or Technology Resources for the purpose of conducting City Business, regardless of the User's location when accessing any Electronic Communications or Technology Resource................................................................... 4 2.2 "City" shall mean any entity controlled by the City Council, including but not limited to Temecula Community Services District, Public Financing Authority, Temecula Housing Authority or Successor Agency to the Temecula Redevelopment Agency................................................................................................................. 4 2.3 "City Business" is broadly defined to mean those activities or other business, related to the City and its jurisdiction, functions, programs, operations, regulations or regulatory activities, or events relating to the City, or that contain information used by its officials, employees and consultants for the accomplishment of City -related tasks, or are related to the operation of the City, with the exception of limited incidental uses as described in Section4.2............................................................................................................................................................. 4 2.4 "Electronic Communications" includes emails, text messages, voicemails, social media and blog posts, and any other electronic communications, including those developed or implemented in the future, transmitting or maintaining messages, documents, images or other writings via Technology Resources ............................... 4 2.5 "Public Records" include any "writing" (as broadly defined below) containing information relating to the conduct of the City's business that is prepared, owned, used, or retained by the City, regardless of the physical form and characteristics. Public Records specifically include any recorded and retained communications regarding City Business sent or received by a User through commercial or personal Technology Resources or other Technology Resources not owned by the City or connected to a City computer network. Public Records do not have to be written but may be in another format that contains information such as computer tape or disc, video or audio recording, or email or text message. Public Records are further defined in Section 4.2.2.............. 4 2.6 "Public Records Request" is a request for Public Records made under the Public Records Act or subpoena duces tecum or discovery request addressed to the City or a User ..................................................... 4 2.7 "Technology Resources" includes all electronic media and storage devices, software, and means of electronic communication including any of the following: personal computers and workstations; laptop computers; mini and mainframe computers; tablets; computer hardware such as disk drives, tape drives, external hard drives and flash/thumb drives; peripheral equipment such as printers, modems, fax machines, and copiers; computer software applications and associated files and data, including software that grants access to external services, such as the Internet or cloud storage accounts; electronic mail (or email); telephones; mobile phones; smart phones; personal organizers and other handheld devices; and instant messaging and text systems. Technology Resources is also intended to broadly include new or emerging devices, technology, software and means of communications that may be developed or implemented in the future .............................. 4 3 Introduction........................................................................................................................................................... 5 4 Conditions of Use of City Technology Resources................................................................................................ 5 4.1 Code of Conduct in the Use of City Technology Resources................................................................6........ 6 4.1.1 Introduction............................................................................................................................................ 6 4.1.2 Responsibilities....................................................................................................................................7 4.1.3 Inappropriate Activities........................................................................................................................... 8 4.2 Appropriate Use of Electronic Communications...................:.................................,................................... 11 4.2.1 Introduction.......................................................................................................................................... 12 4.2.2 Scope................................................................................................................................................... 12 4.2.3 Appropriate Use and Responsibility of Users...................................................................................... 12 4.2.4 Confidentiality and Security................................................................................................................. 14 4.3 Password Requirements............................................................................................................................ 15 4.3.1 Password Standards............................................................................................................................ 16 4.4 Appropriate Use of City Technology Resources......................................................................................... 16 4.4.1 Public Representations........................................................................................................................ 17 4.4.2 Users must not publicly disclose City internal information via the City Technology Resources that may adversely affect City relations or public image. Care must be taken to properly structure comments and questions posted to mailing lists, public news groups, and related public postings . ....................................... 17 User Technology Resources Policy Page 2 of 21 4.4.3 Downloading..................................................................................................................................... 17 4.4.4 Contacts.............................................................................................................................................17 4.4.5 Information Security............................................................................................................................. 17 4.5 Software Security........................................................................................................................................ 17 4.6 Security.......................................................................................................................................................17 4.6.1 Right to Examine.................................................................................................................................. 17 4.6.2 Privacy............................................................................................................................................... 17 4.7 Reporting Security Problems...................................................................................................................... 18 4.8 Hardware Security...................................................................................................................................... 18 5 Appropriate Use of Specific City Technology Resources: City -Issued Cellular Phones and Radios ................ 18 5.1 Introduction......................................................................................................................................... 18 5.2 Appropriate Use and Responsibility of Users............................................................................................ 19 5.3 Inappropriate Use...................................................................................................................................... 19 6 Proximity Keys.................................................................................................................................................... 20 7 Technology Resource Check Out .............................. :...................................................................................... 20 8 Employee Computer Purchase Program ....... ......... -......................................................................................... 20 The City has incorporated a program that allows employees to borrow, at no interest, up to $2,000 to purchase personal computer/supplies with a loan repayment up to 24-months. This program is available for full-time and part-time City employees. For more information, please visit SharePoint or the ITSS Department ...................... 20 9 User Use of Technology Resources Not Owned and/or Controlled by City .................................................... 20 User Technology Resources Policy Page 3 of 21 Confidentiality Material contained in this document is property of the City of Temecula. This document should not be disclosed outside of the City without specific approval from the ITSS Director, and should not be duplicated, used or disclosed for any purpose other than that for which it was intended. 2 Definitions 2.1 "User" means all City employees, elected and appointed City officials, members of City commissions and advisory boards, and City consultants and other non -employees utilizing Electronic Communications or Technology Resources for the purpose of conducting City Business, regardless of the User's location when accessing any Electronic Communications or Technology Resource. 2.2 "City" shall mean any entity controlled by the City Council, including but not limited to Temecula Community Services District, Public Financing Authority, Temecula Housing Authority or Successor Agency to the Temecula Redevelopment Agency. 2.3 "City Business" is broadly defined to mean those activities or other business, related to the City and its jurisdiction, functions, programs, operations, regulations or regulatory activities, or events relating to the City, or that contain information used by its officials, employees and consultants for the accomplishment of City -related tasks, or are related to the operation of the City, with the exception of limited incidental uses as described in Section 4.2. 2.4 "Electronic Communications" includes emails, text messages, voicemails, social media and blog posts, and any other electronic communications, including those developed or implemented in the future, transmitting or maintaining messages, documents, images or other writings via Technology Resources. 2.5 "Public Records" include any "writing" (as broadly defined below) containing information relating to the conduct of the City's business that is prepared, owned, used, or retained by the City, regardless of the physical form and characteristics. Public Records specifically include any recorded and retained communications regarding City Business sent or received by a User through commercial or personal Technology Resources or other Technology Resources not owned by the City or connected to a City computer network. Public Records do not have to be written but may be in another format that contains information such as computer tape or disc, video or audio recording, or email or text message. Public Records are further defined in Section 4.2.2. 2.6 "Public Records Request" is a request for Public Records made under the Public Records Act or subpoena duces tecum or discovery request addressed to the City or a User. 2.7 "Technology Resources" includes all electronic media and storage devices, software, and means of electronic communication including any of the following: personal computers and workstations; laptop computers; mini and mainframe computers; tablets; computer hardware such as disk drives, tape drives, external hard drives and flash/thumb drives; peripheral equipment such as printers, modems, fax machines, and copiers; computer software applications and associated files and data, including software that grants access to external services, such as the Internet or cloud storage accounts; electronic mail (or email); telephones; mobile phones; smart phones; personal organizers and other handheld devices; and instant messaging and text systems. Technology Resources is also intended to broadly include new or emerging devices, technology, software and User Technology Resources Policy Page 4 of 21 means of communications that may be developed or implemented in the future. 3 Introduction This Policy applies to all Users. Users are responsible for complying with this and all other City policies defining computer and network security measures. It is City Policy that all information created, stored, processed, transmitted or printed by or on behalf of the City is and shall remain City property. All Users who access or make decisions affecting City information play a role in protecting that information. Accordingly, it is expected that all Users share the obligation to safeguard and maintain the City's information. All Users are expected to protect the information assets with which they have been entrusted from unauthorized, deliberate, or accidental: • Access, • Use, • Modification, • Destruction, • Disclosure, or • Possession. This document defines City standards and guidelines for the protection of the availability, integrity and confidentiality of the City's Technology Resources and any Electronic Communications stored or transmitted in the furtherance of City Business, regardless of whether on City Technology Resources or other Technology Resources. 4 Conditions of Use of City Technology Resources All Users utilizing City Technology Resources must respect the integrity of all security controls and abide by all implemented security measures, as well as adhere to all end -user license and contractual agreements associated with City Technology Resources. 1. The City reserves the right to limit permanently or restrict any User's usage of the City Technology Resources. The City reserves the rights to copy, remove or otherwise alter any information or system that may undermine the authorized use of the City Technology Resources. The City may do so with or without notice to the User in order to protect the integrity of the City Technology Resources against unauthorized or improper use, and to protect authorized Users from the effects of unauthorized or improper usage. 2. The City, through authorized individuals or entities, reserves the right periodically to check and monitor City Technology Resources, and reserves any and all other rights necessary to protect them. 3. The City disclaims responsibility and will not be responsible for loss or disclosure of User information or interference with User information resulting from its efforts to maintain the privacy, security and integrity of City Technology Resources and information. User Technology Resources Policy Page 5 of 21 4. The City reserves the right to take emergency action to safeguard the integrity and security of City Technology Resources and information. This includes, but is not limited to, termination of a program, job, or on- line session, or temporary alteration of User account names and passwords. The taking of emergency action does not waive the rights of the City to take additional actions under this Policy. 5. Users utilizing City Technology Resources do so subject to applicable laws and City policies. The City disclaims any responsibility and/or warranties for information and materials residing on non -company computer systems or available over publicly accessible networks, except where such responsibility is formally expressed. Such materials do not necessarily reflect the attitudes, opinions or values of the City or its employees. 6. A Department Director may recommend disciplinary action if after appropriate investigation an employee is found to be in willful violation of any City Policy. Other Users may lose access to City Technology Resources. Acts that may lead to discipline or loss of access include, but are not limited to: • Willful physical damage to any City Technology Resources; • Obtaining confidential information improperly; • Deliberate destruction of information; • Intentional interruption of normal services provided by the City Technology Resources; • Infringement of any patent or the breach of any copyright; • Gaining or attempting to gain unauthorized access to accounts and passwords; • Gaining or attempting to gain access to restricted areas without the permission of the appropriate authority; or • Inappropriate use of City Technology Resources. 4.1 Code of Conduct in the Use of City Technology Resources 4.1.1 Introduction It is City Policy that all Users who use, have access to, or are responsible for any City Technology Resources must recognize and comply with City's "Code of Conduct." Employees violating this Code of Conduct may be subject to disciplinary action, up to and including termination of employment, and legal action. All Users who violate this Code of Conduct may lose access to City Technology Resources. Standards for the use of City Technology Resources derive directly from standards of common sense and common decency that apply to the use of any shared resource. The City depends on a spirit of mutual respect and cooperation to resolve differences and resolve problems that arise from time to time. This Code of Conduct is published in that spirit. Its purpose is to specify User responsibilities and to promote the appropriate use of City Technology Resources for the protection of the City. User Technology Resources Policy Page 6 of 21 4.1.2 Responsibilities All Users who access or make decisions affecting City information play a role in protecting that information. Accordingly, all users of any City Technology Resources must accept specific responsibilities for the security and confidentiality of the City's information. The following description of City network drives will better organize your documents and minimize the opportunity for losing files. • `V' Drive: This is your 'my documents' directory -for draft documents or confidential information. No other User is able to access this directory • 'P' Drive: This is a Global Directory used for quick transfer of non - confidential files. All network Users have access and may copy, delete, and modify all files. Due to this, it is recommended that you use this directory with caution. ITSS will not restore documents lost or deleted from this directory. • 'R' Drive: This is your department directory. Only members of your department have access to this directory. It is recommended that files that are shared by others within your department be stored here. • 'C' Drive: This is your local hard drive on your desktop. City policy requires all data to be stored on the above network drives. Local hard drives are not backed up and will not be recovered in the event of data loss. 4.1.2.1 Disclosure and Disclaimer Statement 4.1.2.2 Security All intellectual and proprietary property rights, including copyrights and rights to service marks and trademarks, as to any and all text, material, images and/or content appearing on or accessible through the City websites, belong to their respective owners. Notwithstanding the foregoing, the City owns all intellectual and proprietary property rights, including copyrights and rights to service marks and trademarks, as to the City Seal, all City logos, symbols, emblems, and any and all other images, designs, content and materials created by or on behalf of the City that appear on or are accessible through the City websites. Any use of any of the City -owned materials, images or other content accessible through, or appearing or stored on the City Technology Resources or City's websites is prohibited without the written permission of the City Manager. The following acts or activities are prohibited without prior, written permission from the City Manager: 1) modification and/or re -use of text, images or other content from a City server; 2) distribution of the City's web content; or 3) "mirroring" of the City's information, materials or data on a non - City server. City Policy uses access controls and other security measures to protect the confidentiality, integrity and availability of the information handled by City Technology Resources. All Users are responsible to insure the security of City Technology Resources by implementing procedures to: • Safeguard their data, personal information, passwords and authorization codes, and confidential data; User Technology Resources Policy Page 7 of 21 4.1.2.3 Confidentiality ■ Take full advantage of file security mechanisms built into the City Technology Resources; • Choose their passwords wisely and to change them as required; and • Follow the security policies and procedures established to control access to administrative data. All Users using City Technology Resources must comply with all City Policies for the maintenance of confidentiality. 1. Users have an obligation to respect the privacy of other individuals and refrain from: • Intentionally seeking information on, obtaining copies of, or modifying files, tapes, or passwords belonging to other individuals or to the City; • Representing others, unless authorized to do so explicitly by those individuals; or • Divulging sensitive personal data to which they have access concerning staff, customers, vendors or other individuals without explicit authorization to do so. 2. Users are responsible for reporting any information concerning instances in which City Policies or any City standards or Codes of Conduct has been or are being violated. In general, reports about violations should be directed initially to the ITSS Director and/or Human Resource Director. 3. Printers used to produce confidential information should be monitored while printing. 4. Confidential files must be overwritten on fixed disks, tapes, or cartridges. 4.1.3 Inappropriate Activities 4.1.3.1 Illegal Activity All information stored and processed on City Technology Resources and networks is City property and subject to inspection without notice. Non- compliance with City Policy on restricted activities will not be tolerated. Violating employees are subject to disciplinary action, up to and including termination of employment, and all Users, including employees, are subject to loss of access to City Technology Resources and/or legal action. The following are intended to illustrate some examples of unacceptable actions rather than to exhaustively list every specific behavior that may violate the City Policies. Accordingly, disciplinary or other legal action may occur after other actions if the circumstances so warrant. Users are specifically prohibited from accessing, downloading, storing, printing or disseminating anything using City Technology Resources that is considered inappropriate, offensive, illegal, disrespectful to others, or that could instigate legal conflicts, or otherwise harm the City. User Technology Resources Policy Page 8 of 21 4.1.3.2 Objectionable Material The City's Technology Resources must not be used for the transmission, obtaining possession, demonstration, advertisement or requesting the transmission of objectionable material including, but not limited to: • Pornography; • An article or image that promotes hate, crime or violence, or incites or instructs in matters of hate, crime or violence; or • An article or image that describes or depicts any material, in a manner that is likely to cause offense to a reasonable adult. 4.1.3.3 Restricted Material City Technology Resources must not be used to transmit or make available restricted material to a minor. City Policy defines restricted material as an article that a reasonable adult —by reason of the nature of the article, or the nature or extent of references in the article —would find offensive as to matters of sex, race, ancestry or native origin, drug misuse or addiction, crime, cruelty, violence would regard as unsuitable for a minor to see, read or hear. Users should be aware that there are severe penalties for such activities. The police or a person authorized for the purposes under state or federal law may without a warrant, at any reasonable time, enter any place where the operating of a Technology Resource is carried on and inspect any articles and records kept on the premises and may seize anything that the member reasonably suspects is connected with an offense that is found on or in the place. In addition, there are penalties for delaying, obstructing or otherwise hindering the police or authorized person in the performance of their functions and for giving false or misleading statements, which are misleading through the omission of information. 4.1.3.4 Restricted Activities The City prohibits use of City Technology Resources for the conduct of a business enterprise, participation in activities for profit purposes, or involvement in activities contrary to the spirit of City Policies including, but not limited to: • Gambling or performing an act of playing for stakes, involving a monetary wager, in the hope of winning (including the payment of a price for a chance to win a prize); including, but not limited to sports betting, poker, blackjack, and casino wagering; or • Day Trading or involvement in any act involving a monetary wager to broker or act as agent in the buying and selling of stocks and bonds. 4.1.3.5 Restricted Hardware and Software It is illegal, unethical and contrary to City Policy to use City Technology Resources to generate viruses, worms or any malicious devices to contaminate other Technology Resources. Users should not knowingly possess, give to another person, install on any of the City Technology Resources, or run, programs or other information, which could result in the violation of the City Policy or the violation of any applicable license or contract User Technology Resources Policy Page 9 of 21 The unauthorized physical connection of monitoring devices to City Technology Resources, which could result in the violation of City Policy or applicable licenses or contracts, is prohibited. 4.1.3.5.1 Copying and Copyrights 4.1.3.6 Harassment The City strongly supports strict adherence to software vendors' license agreements and copyright holders' notices. In particular, Users should be aware of and abide by City Policies on copying and using computer software. Most software that resides on the City Technology Resources is owned by the City or by third parties, and is protected by copyright and other laws, together with licenses and other contractual agreements. Users are required to respect and abide by the terms and conditions of software use and redistribution licenses. Such restrictions may include prohibitions against copying programs or data for use on the City Technology Resources or for distribution outside the City; against the resale of data or programs, or the use of them for non -City purposes or for financial gain; and against public disclosure of information about programs without the owner's authorization. Users who develop new packages that include components subject to use, copying, or redistribution restrictions have the responsibility to make any such restrictions known to the users of those packages. City policy prohibits sexual and discriminatory harassment. City Technology Resources are not to be used to libel, defame, or harass any other person. Computer harassment is exemplified by, but not limited to: • Intentionally using a City Technology Resource to annoy, harass, terrify, intimidate, threaten, offend or bother another person by conveying obscene language, pictures, or other materials or threats of bodily harm to the recipient or the recipient's immediate family; • Intentionally using any City Technology Resource to contact another person repeatedly with the intent to annoy, harass, or bother, regardless of whether any actual message is communicated, and/or where no purpose of legitimate communication exists, and where the recipient has expressed a desire for the communication to cease; • Intentionally using any City Technology Resource to contact another person repeatedly regarding a matter for which one does not have a legal right to communicate, once the recipient has provided reasonable notice that he or she desires such communication to cease (such as debt collection); or • Intentionally using any City Technology Resource to invade the privacy, academic or otherwise, of another or the threatened invasion of the privacy of another. The display of offensive material in any publicly accessible area is likely to violate City harassment policies. There are materials available on the Internet and elsewhere that some members of the City will find offensive. One example is sexually explicit graphics. The City can restrict the availability of such material if it considers its display in a publicly accessible area to be inappropriate. Public display includes, but is not limited to, publicly accessible computer screens and printers. User Technology Resources Policy Page 10 of 21 4.1.3.7 Wasting Technology Resources 4.1.3.8 Game Playing 4.1.3.9 Commercial Use One role of ITSS is to educate Users about proper usage of City Technology Resources. Every effort will be made to help Users understand how to use City Technology Resources properly. It is inappropriate to deliberately perform any act that will impair the operation of any part of the City Technology Resources or deny access by legitimate Users to any part of them. This includes, but is not limited to, wasting resources, tampering with components or reducing the operational readiness of the City Technology Resources. Wastefulness includes, but is not limited to, passing chain letters, willful generation of large volumes of unnecessary printed output or disk space, willful creation of unnecessary multiple jobs or processes, or willful creation of heavy network traffic. In particular, the practice of willfully using City Technology Resources for the establishment of frivolous and unnecessary chains of communication is an inappropriate waste of resources. The sending of random mailings (for example, "junk mail") is not permitted. It is poor etiquette at best, and potentially harassment, to send unwanted mail messages to strangers deliberately. Recipients who find junk mail objectionable should mark as junk or delete. If the junk mail continues, the recipient should contact ITSS helpdesk. The City Technology Resources are not to be used for recreational or competitive game playing. The intention of this policy is to prohibit game playing with programs and other software that may adversely impact others, violate other provisions of this Policy or damage City ability to process City Business transactions promptly. City Technology Resources are provided for the support of the City's mission. Except where expressly permitted, it is inappropriate to use City Technology Resources for: 1. Commercial gain or placing a third party in a position of commercial advantage; 2. Any non -City related activity, including non -company related communications; and 3. Commercial advertising or sponsorship except where such advertising or sponsorship is clearly related to or supports the City's mission or the service being provided. 4.1.3.10 Use for Personal Business City Technology Resources may not be used in connection with compensated outside work or for the benefit of organizations not related to the City, except where expressly permitted. 4.2 Appropriate Use of Electronic Communications City Technology Resources are limited to use for City Business. All Electronic Communications transmitted over or by means of any City Technology Resource shall be limited to those which involve City functions, activities or User Technology Resources Policy Page 11 of 21 4.2.1 Introduction 4.2.2 Scope other business, or that contain information essential to its officials, employees and consultants for the accomplishment of City -related tasks. Electronic Communications access, including Internet and Intranet access, is provided to authorized Users as a communication tool for appropriate internal and external City Business. Implementation of this Policy and its directives are essential to protecting vital City resources and interests. Accordingly, City Policies including, but not limited to, those addressing copyright, confidentiality, harassment and compliance with equal employment laws; applicable federal, state and local laws; and the corporate code of conduct govern use of any Electronic Communications access. All Users who use Electronic Communications are expected to conduct their use with the same integrity as in face-to-face or telephonic business operations. Any use perceived to be illegal, harassing, and offensive or in violation of other City Policies may be the basis for disciplinary action up to and including termination for employees and/or loss of use or legal action for all Users. This Policy applies to all Users. Users must be aware of the following restrictions that have been placed on use of Electronic Communications: Electronic Communications on City Technology Resources are intended for City -related business purposes with other limited incidental uses. All Electronic Communications on city Technology Resources are the property of the City, just as are hard copies of City records. The City reserves the right to retrieve and make proper and lawful use and/or disclosure of any and all Electronic Communications transmitted through any City Technology Resource. • Electronic Communications determined to be Public Records shall be retained in electronic folders or, as described above, in hard copy. Such Electronic Communications shall be retained for the period described in the City's Records Retention Schedule or expiration of a Litigation Hold or resolution of a Public Records Act Request. 4.2.3 Appropriate Use and Responsibility of Users City guidelines and standards for appropriate and responsible use of Electronic Communications are derived directly from the same standards of common sense and decency that apply to the use of any City Technology Resource. All usage inconsistent with these objectives is considered inappropriate use. All Users must recognize and comply with standards and guidelines for the appropriate use of Electronic Communications. 1. No Electronic Communications should be unethical, be perceived to be a conflict of interest with the City's interests, or be inconsistent with City Policies. User Technology Resources Policy Page 12 of 21 2. Users must take particular care not to disseminate confidential City information or personal information to unauthorized users. Users should refrain from leaving messages containing confidential or personal information on answering machines or voice -mail systems. 3. Electronic Communications must be able to withstand scrutiny without causing embarrassment to the City, its employees or citizens. Because Electronic Communications deleted by a User may still be present, either in another person's mailbox, or on a file server or back-up file of a User. Care must be taken to ensure the accuracy and professionalism of all Electronic Communications. 4. Users must not send messages prohibited or restricted by government security laws or regulations. Emailing copies of documents in violation of copyright laws or licensing agreements is also prohibited. 5. Users should consider Electronic Communications to be the electronic equivalent of a postcard. Users must recognize their responsibility for the content, dissemination and management of the messages they send. Electronic Communications should: • Be courteous and polite; • Be consistent with City standards of conduct; • Protect others' right to privacy and confidentiality; and • Contain an accurate, appropriate and informative signature. 6. Users should secure access to their email and voice mailboxes through the use of passwords and other security devices and should not leave the system on and available to unauthorized users. 7. Users may not reveal any confidential internal email names and passwords of the City's email or voicemail users to anyone including other Users or people who request such information over the telephone and seem to have a legitimate reason for asking. All such requests must be referred to the Records Department. 8. City policy prohibits use of profanity, obscenities, or derogatory remarks in Electronic Communications referencing other individuals. Such remarks, even when made in jest, may create legal problems. 9. Users are prohibited from sending or forwarding any Electronic Communications that a reasonable person would consider to be defamatory, harassing or explicitly sexual. Users are also prohibited from sending or forwarding Electronic Communications via City Technology Resources that would be likely to offend on the basis of race, gender, national origin, sexual orientation, religion, political beliefs, disability or other protected characteristics. 10. Users must not use an Electronic Communication account assigned to another individual either to send or receive messages. If there is need to access another's Electronic Communications, such as while the other person is out ill, message forwarding and other resources must instead be used. Contact ITSS Director and/or Human Resource Director to arrange such access. User Technology Resources Policy Page 13 of 21 11. Users must not disclose credit card numbers, passwords, research and development information, and other sensitive data via any Electronic Communication. 12. Users must not unnecessarily or frivolously overload the Electronic Communications system including, but not limited to, spamming and junk mailing. 13. City Electronic Communications may not be used for commercial purposes unless authorized by City Manager in writing in advance. 14. Internal telephone books must not be distributed to third parties without specific authorization of a Department Manager. 4.2.4 Confidentiality and Security Users should be aware that Electronic Communications are not a confidential means of communication. The City cannot guarantee that Electronic Communications will be private. Users should be aware that Electronic Communications could, depending on the technology, be forwarded, intercepted, printed, and stored by others. Users should also be aware that, once Electronic Communications are transmitted, they might be altered. Deleting an Electronic Communication from an individual workstation will not eliminate it from the various systems it has been transmitted across. Therefore, Users should have no personal expectation that their Electronic Communications using City Technology Resources are private. The City reserves the right to review all Electronic Communications stored or transmitted on City Technology Resources. Although, the City does not intend to monitor the contents of Electronic Communications routinely, Users should expect that System Administrators with or without the permission of the User might access Electronic Communications. However, no other individuals may monitor or access Electronic Communications of another User unless proxy rights have been delegated by the System Administrators and approved by ITSS Director and/or Human Resource Director. All Users must accept and abide by management directives to ensure information security, including, but not limited to: Users must verify the integrity of their password and abide by City Policy on password security (see section on Password Requirements); • Users are prohibited from sending confidential material through any Electronic Communications system unless it is marked confidential or otherwise protected; • Users must take extreme care that confidential information be redirected only where there is a need and with the permission of the originator, where possible; • Users should recognize that Electronic Communications can be forged. Therefore, if an Electronic Communication is suspect, Users must verify its authenticity via telephone, or personally; and • It is recommended that personal confidential material not be stored on or sent through Electronic Communications using City Technology Resources. User Technology Resources Policy Page 14 of 21 Unauthorized access of Electronic Communications is a violation of the City Policy and grounds for potential employee discipline or other repercussions for both employees and other Users. 4.3 Password Requirements It is City policy that information must be protected in a manner commensurate with its sensitivity, value and criticality. To ensure the security of the City Technology Resources, all authorized users must be uniquely identified and authenticated before being granted access to Electronic Communications. User identification and authentication will be authorized through the use of User identification (User ID) unique to each User. To insure the security of the City Technology Resources, such access must be authorized, logged and periodically reviewed. Identification Password Management Passwords are a primary defense mechanism on many City Technology Resources. Careful selection of passwords improves security. Users are responsible for the robustness and maintenance of their own passwords. Accordingly, the following standards for password use shall apply: • Passwords must be used where possible; • Passwords and User IDs must be unique to each authorized User and must never be shared with anyone else; • Passwords must not be easily associated with a particular User; ■ Passwords must be memorized and never written down with other account information such as an account name; • Passwords must not be stored in readable form in batch files, automatic log -in scripts, software macros, terminal function keys, in City Technology Resources without access control, or in other locations where unauthorized persons might discover them; • Passwords must be changed every 90 days, or immediately if compromised or suspected of compromise; • To prevent the compromise of multiple systems, Users must employ different passwords on each of the systems to which they have been granted access; • The display and printing of passwords must be masked, suppressed, or otherwise obscured so that unauthorized parties will not be able to observe or subsequently recover them; • Passwords must consist of a minimum of eight alphanumeric characters one of which is upper case and a special character. • Any User who suspects that a password has been compromised must report it to ITSS immediately through the IT Help Desk. City management reserves the right to revoke the privileges of any User at any time. Conduct that interferes with the normal and proper operation of City Technology Resources, which adversely affects the ability of others to use User Technology Resources Policy Page 15 of 21 these City Technology Resources, or which is harmful or offensive to others, will not be permitted. 4.3.1 Password Standards The following are standards for password construction: • Passwords must never be related to a User's job or personal life. Details such as spouse's name, license plate, social security number, and birthday must not be used unless accompanied by additional unrelated characters; • Passwords must not be the same as User IDs or given name; • Users must not construct passwords that are identical or substantially similar to passwords that Users had previously employed; • Must never use the default password for any software or hardware product; • "Blank" passwords are prohibited; • Passwords must never be derived from User's association with the City of Temecula; and • Passwords must never consist of a word from a dictionary. Most basic cracking programs contain over 120,000 words, and plenty of variations. • Users are encouraged to have a password to include numbers and mixed case letters. 4.4 Appropriate Use of City Technology Resources City Technology Resources offer extensive capabilities, but also expose risks and threats. All Users are expected to be familiar with and to comply with this Policy. 1. City Technology Resources should not be used for personal purposes. Although incidental use of City Technology Resources for personal use is permissible, use of City Technology Resources for these types of activities consumes City Technology Resources and could potentially result in poor technology performance or even system failure. 2. Any use perceived to be illegal, harassing, offensive, in violation of other City Policies, or any other uses that would reflect adversely on the City can be the basis for disciplinary action up to and including termination for employees and other repercussions including legal action for all Users, including employees. Users are expected to conduct their use of City Technology Resources with the same integrity as in face-to-face or telephonic business operations. User Technology Resources Policy Page 16 of 21 4.4.1 Public Representations 4.4.2 Users must not publicly disclose City internal information via the City Technology Resources that may adversely affect City relations or public image. Care must be taken to properly structure comments and questions posted to social media, mailing lists, public news groups, and related public postings. 4.4.3 Downloading 4.4.4 Contacts Software should not be downloaded without approval of ITSS. All software used on City Technology Resources can only be installed by ITSS, following all licensing agreements and procedures. All software downloaded from non - City sources must be screened with virus detection software prior to being installed by ITSS and may require testing on a stand-alone (not networked), non -production machine. Contacts made over the Internet should not be trusted with City information unless reasonable steps have been taken to ensure the legitimacy of the contacts. This applies to the release of any City internal information. 4.4.5 Information Security 4.5 Software Security 4.6 Security 4.6.1 Right to Examine 4.6.2 Privacy Login passwords, User IDs and other parameters that can be used to gain access to City Technology Resources, is confidential information and must not be sent over any Technology Resource in readable form. This information must not be posted on electronic bulletin boards, listed in telephone directories, placed on business cards, or otherwise made available to third parties without the advance written permission of the ITSS Director. Telephone numbers, fax numbers, and email addresses of a User may be disclosed by the User. The City strongly supports strict adherence to software vendors' license agreements. Adherence to these agreements is subject to random audits by these vendors or the Software Publishers Association (SPA). When City Technology Resources are employed, copying of software in a manner that is not consistent with the vendor's license is strictly forbidden. Users must not use any externally provided software from a vendor other than those approved by ITSS. At any time and without prior notice, City management reserves the right to examine Electronic Communications including personal Electronic Communications, web browser cache files, web browser bookmarks, and other information stored on or passing through City Technology Resources. Such management access assures compliance with internal policies, assists with internal investigations, and assists with the management of City Technology Resources. Every attempt will be made to ensure that the User's privacy is respected. Users using City Technology Resources should realize that their communications are not automatically protected from viewing by third parties User Technology Resources Policy Page 17 of 21 Unless encryption is used, Users should not send information over the Internet if they consider it to be private. 4.7 Reporting Security Problems 4.8 Hardware Security It is the responsibility of all Users to report any known or suspected breach of security, such as passwords or other system access control mechanisms to the ITSS Department. The ITSS Director must be notified immediately when: 1. Sensitive or confidential City information is lost, disclosed to unauthorized parties, or suspected of being lost or disclosed to unauthorized parties; 2. Unauthorized use of City Technology Resources has taken place, or is suspected of taking place; 3. Passwords or other system access control mechanisms are lost, stolen, or disclosed, or are suspected of being lost, stolen, or disclosed; or 4. There is unusual system behavior such as missing files, frequent system crashes and misrouted messages, as these types of system behavior may be related to virus infections or other security problems and must be promptly reported and investigated. To ensure that computer systems are used in an effective and productive way, City Technology Resource hardware must be physically secured and the integrity of operating systems maintained. 1. On City Technology Resources, Users must never change operating system configurations, upgrade existing operating systems, or install new operating systems. If such changes are required Users should contact ITSS and ITSS administrators will perform them. 2. Users must not bring their own computers, computer peripherals, or computer software into City facilities without prior written authorization from their Department Head. Personal computers must be labeled clearly with the name of the owner. Desktop PCs, laptops, mobile devices, and City Technology Resources must not leave City offices unless authorized in writing by a department manager. Printers used to produce sensitive and confidential information should be monitored and sensitive files must be overwritten on fixed disks, tapes, or cartridges. 5 Appropriate Use of Specific City Technology Resources: City -Issued Cellular Phones and Radios Technology can significantly enhance local service delivery. Cellular telephones and radios are often practical and economical for safety services and emergency communications, and can enhance productivity. In all cases, the issuance of cellular phones or radios to Users is a privilege, not a right or an entitlement. Failure to abide by the procedures set forth in this Policy may result in the loss of use of the cellular phones or radios and in certain circumstances, may result in possible disciplinary action for employees. 5.1 Introduction User Technology Resources Policy Page 18 of 21 It is the intent of the City to provide each Department with effective communication devices, within the constraints of available resources. The City recognizes the need of City -owned cellular telephones and radios, and by this Policy establishes procedures for their authorization, deployment, and use in order to contain costs, ensure Departmental accountability, personal responsibility, and prevent improper use. It is important that each User assume personal responsibility for the prudent use of City -owned communication devices. 5.2 Appropriate Use and Responsibility of Users 5.3 Inappropriate Use City -owned cellular phones or radios are to be viewed as an asset provided to further assist Users in effectively completing their areas of responsibility for the City. The issuance of such communication equipment is also to be considered a vital resource in the event of an emergency. It is a goal, to ensure that City vehicles are configured with emergency (800 MHz) radios for two-way communications. Users are responsible for maintaining adequate physical protection of the communication equipment issued to them by the City. Users shall immediately notify their Department Head or designee, who in turn shall notify the ITSS Director, if any City -owned cellular phone or radio is damaged, lost or stolen. Cellular phone and radio logs are Public Records. Any communication equipment purchased by the City is owned by the City and must be returned to the City when the User separates from service or the need of such communication equipment no longer exists. No User shall record any telephone call, without the knowledge and consent of all parties to the call. The City reserves the right to terminate cellular service privileges of any User for any reason. City issued communication equipment are not considered a User's personal device. California law prohibits drivers from using a cellular phone while operating a vehicle without a hands -free device, e.g. wired headset (ear buds), speaker, or Bluetooth headset. It is City policy to comply with California law when using a City -owned cellular phone while operating in any vehicle. The ITSS Department provides wired headsets (ear buds) for all City -owned cellular phones. In order to further define inappropriate use, the following list is provided. Prohibited uses of cellular phones and radios include, but are not limited to: ■ Any illegal use or activity ■ Threats ■ Slander/Libel ■ Defamation ■ Obscene, suggestive or offensive messages or communications ■ Political endorsements or activities User Technology Resources Policy Page 19 of 21 6 Proximity Keys Internal entrance to City Hall areas is extended to employees by the City. Proximity keys are issued to all Regular, Part -Time, Temporary, Project Employees, and Interns. Interns' access will be automatically disabled every 30 days unless otherwise noted by related department manager. The City prohibits the sharing of proximity keys. Users are required to notify ITSS immediately if proximity keys or readers are lost, damaged or stolen. 7 Technology Resource Check Out The City understands the need occasionally to check out technology resources for work related issues. City Technology Resources such as: laptops, projectors and digital cameras are available for check out through the ITSS Department. Users in need of the equipment must have proper approval from department manager. A request in advance for the use of such City Technology Resource is necessary. If the City Technology Resource is available, Users must sign for receiving and return of any City Technology Resource on loan. Users are responsible for maintaining adequate physical protection of the City Technology Resource issued to them by the City. Users shall also immediately notify their department head or designee, who in turn shall notify the ITSS Director, if any City -owned communications equipment is damaged, lost or stolen. 8 Employee Computer Purchase Program The City has incorporated a program that allows employees to borrow, at no interest, up to $2,000 to purchase personal computer/supplies with a loan repayment up to 24-months. This program is available for full-time and part-time City employees. For more information, please visit SharePoint or the ITSS Department. 9 User Use of Technology Resources Not Owned and/or Controlled by City Users should not store Electronic Communications that involve City Business on any Technology Resources that are not owned, issued and/or controlled by the City. When Users are using Technology Resources that are not owned, issued and/or controlled by the City to conduct City Business, Users should be aware and must acknowledge and agree that any Electronic Communication that is stored or transmitted through such Technology Resource is considered a Public Record and is subject to the same terms as any Electronic Communication stored or transmitted on City Technology Resources. Should the City receive a Public Records Request, or otherwise require access to Electronic Communications related to City Business stored or transmitted on or by personal or commercial Technology Resources, the User shall provide access to such Electronic Communications immediately upon request of the City. Additionally, User shall not delete any Electronic Records related to City Business prior to the expiration of the period described in the City's Records Retention Schedule or expiration of a Litigation Hold or resolution of a Public Records Act Request. The City may require that a User execute an affidavit confirming that the User has thoroughly searched its personal or commercial Technology Resource and has provided all responsive Electronic Communications. User Technology Resources Policy Page 20 of 21 User Technology Resources Policy Page 21 of 21 POLICY NO. 13 STATE MANDATED TRAINING CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: State Mandated Training Policy No. 13 Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to outline the specific requirements of state mandated training for Council Members, specifically as it relates to AB 1234 and AB 1661. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: AB 1234 Mandatory Ethics Training Government Code Sections 53235 and 53235.1 state that, if a local agency provides compensation, salary, or a stipend to a member of a legislative body or reimbursement for expenses incurred by a member of a legislative body in the performance of official duties, then said local agency officials shall receive two- hour training in ethics. Training opportunities are available online and in -person through a variety of sources including the Attorney General, Fair Political Practices Commission, League of California Cities, Institute for Local Government and other agencies and municipal law firms. In the City of Temecula, ethics training is mandated for the City Council, boards and commissions and executive staff. The City Clerk's office oversees the completion of said training and maintains relevant records pursuant to law. AB 1661 Sexual Harassment Prevention Training and Education Government Code Sections 53237-53237.5 requires local agency officials, including Council Members, to receive two hours of sexual harassment prevention training and education within the first six months of taking office and every two years thereafter if the agency provides any type of compensation, salary, or stipend to those officials. Training opportunities are available online and in -person through a variety of sources including the Attorney General, Fair Political Practices Commission, League of California Cities, Institute for Local Government and other agencies and municipal law firms. In the City of Temecula, ethics training is mandated for the City Council, boards and commissions and executive staff. The City Clerk's office oversees the completion of said training and maintains relevant records pursuant to law. POLICY NO. 14 CONFLICT OF INTEREST LAWS CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Conflict of Interest Laws Policy No. 14 Approved: October 24, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to provide general guidance and raise awareness of potential conflicts of interest that may arise periodically in the course of public service by Council Members. Council Members are encouraged to seek legal advice from the City Attorney for specific issues that may arise. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: Conflict of Interest Laws The Political Reform Act, set forth in Government Code Sections 81000 to 91014, regulates conflicts of interest through (1) disclosure and (2) prohibition of participation in the decision -making process. The Act requires Council Members to annually disclose all financial interests that may be affected by decisions made in their official capacity. This includes investments, real property, and income. Council Members must also disqualify themselves from making and/or participating in making any governmental decision that will have a foreseeable material financial affect on any financial interest of the Council Member or certain family members. When Council Members must disqualify themselves due to a financial interest, they are prohibited not only from "making" a decision but also from "participating" in the decision. Generally, an official makes a decision when the Council Member votes on a matter, appoints a person, obligates or commits the City to any course of action, or enters into any contract on behalf of the City. An official participates in making a decision when the official negotiates on behalf of the City, or advises or makes recommendations to the decision maker, either directly or without significant intervening substantive review. The City Attorney prepares an annual Summary of the Conflict of Interest Laws Manual that is attached as Appendix 3 in the City Council Protocol Manual. Conflict of Interest Code. The Political Reform Act requires state and local government agenciesto review and adopt conflict of interest codes biannually. The City of Temecula adopts its Conflict of Interest Code in even -numbered years. The City's Conflict of Interest Code adopts the State Political Reform Act and designates certain City officials other than the Council who are subject the conflict of interest laws. The Code is attached as Exhibit A. Statements of Economic Interest A financial disclosure form (Statement of Economic Interest - Form 700) must be filed with the City Clerk no later than April 1 of each year for financial interests pertaining to the preceding calendar year. The April 1 deadline may be adjusted by the Fair Political Practices Commission (FPPC) for holidays and/or weekends. Council Members must also file a statement within 30 days of assuming office or leaving office. Filers shall file said statement electronically through NetFile, the City's certified electronic filing system. Advice Regarding Conflicts of Interest A Council Member who is uncertain as to whether they have a conflict of interest is encouraged to seek clarification from the City Attorney prior to the Council Meeting at which the matter will be discussed. The City Attorney or the official may also request a formal opinion from the FPPC. Attachments Exhibit A - Conflict of Interest Code EXHIBIT A POLICY RESOLUTION NO.2022-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY'S 2022 CONFLICT OF INTEREST CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula has previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City with an Exhibit A designating certain positions within the City that require the filing of economic disclosure forms. Section 2. The City Council of the City of Temecula does hereby amend the Conflict of Interest Code for the City of Temecula by deleting Exhibit A and substituting in its place a new Exhibit A, which is attached hereto and incorporated herein by this reference. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 150' day of November, 2022. 1 ATTES Ran o 1, City Clerk [SEAL] 1 Matt ayor 1 1 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022-84 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 15t' day of November, 2022, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: �� ►��=K�IiJ�K�1f�i��i:7�:�.� ABSENT: 0 COUNCIL MEMBERS: None None None Randi Johl, City Clerk 2 SECTION 2. EXHIBIT A DESIGNATED CITY OF TEMECULA EMPLOYEES AND DISCLOSURE CATEGORIES The following positions entail the making or participating in the making of decisions which could have a material effect on financial interests. Designated Position Disclosure Categories Assistant City Manager 1 Assistant Director of Community Development 1 Assistant Director of Community Services 1 Assistant Director of Finance 1 Assistant Director of Information Technology and Support Services 1 Assistant to the City Manager 1 Building Official 1 Chief of Police 1 Community Services Superintendent 1 Deputy City Manager 1 Designated Consultant* 1 Director of Community Development 1 Director of Community Services 1 Director of Finance 1 Director of Human Resources and Risk Management 1 Director of Information Technology and Support Services 1 Director of Legislative Affairs / City Clerk 1 Director of Public Works/City Engineer 1 Economic Development Manager 1 Engineering Manager 1 Exempt Officials 0 Fire Chief 1 Finance Manager 1 Fiscal Services Manager 1 Information Technology Manager 1 Maintenance Manager Planning Manager Principal Civil Engineer Principal Management Analyst Senior Civil Engineer Senior Management Analyst Senior Planner Members of all City Commissions, Boards, and Committees (Other than Government 87200 Filers) DESIGNATED CONSULTANTS: Consultants who fit into one or more of the following categories shall be included in the list of designated employees as "Designated Consultants": 1. Consultants who make (not just recommend) governmental decisions, such as whether to approve a rate, rule, or regulation, whether to issue, deny, suspend, or revoke any permit, license, application, certificate or similar authorization, adopt or grant City approval to a plan, design, report, study, or adopt or grant City approval of policies, standards, or guidelines for the City or any subdivision thereof. 2. Consultants who serve in a staff capacity with the City, and in that capacity participate in making a governmental decision by providing information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review. 3. Consultants who perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a designated position in the City's Conflict of Interest Code. When the consultant is a corporation, partnership, or limited liability company, only individuals who fit into one of the three categories of "Designated Consultants" described above must file disclosure statements. Designated Consultant shall report all reportable interests in real property in the jurisdiction; reportable income and business positions; reportable investments; and reportable gifts within the disclosure category applicable to Designated Consultants unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in the section. If the City Manager determines in writing that a particular consultant is not required to fully comply with the requisite disclosure requirements, then such written determination shall include a description of the consultant's duties and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. ** The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, and City Treasurer are all required to file disclosure statements pursuant to (Government Code 87200) and are thus not included herein. 1 1 RESOLUTION NO. 94-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHEREAS, the City Council of the City of Temecula has previously adopted a Conflict of Interest Code to apply to certain officers and employees of the City; and WHEREAS, the City Council of the City of Temecula desires to adopt an Amended Conflict of Interest Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the Amended Conflict of Interest Code, attached hereto as Exhibit A, is hereby adopted as the Conflict of Interest Code for the City of Temecula. Section 2. The previously adopted Conflict of Interest Code for the City of Temecula is of no further force and effect. Section 3. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 15th day of November, 1994. Ron Roberts, Mayor UH—Oku [SEAL] Resos 94-105 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 94-105 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 15th day of November, 1994 by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Resos 94-105 Birdsall, Munoz, Parks, Stone, Roberts None None r IWE Greek, City Cler ly CONFLICT OF INTEREST CODE OF THE CITY OF TEMECULA SECTION 1. Purpose. Pursuant to the provisions of Government Code Sections 87300, eI e�, q. , the City of Temecula (hereinafter referred to as "City") hereby adopts the following Conflict of Interest Code. The provisions of this Code are in addition to those contained in Title 9, Chapter 7 of the Government Code (Section 87100 gl &a.). Except as otherwise indicated, the definitions contained in Title 9, Chapter 2 of the Government Code (Section 8200 et.IN.) are incorporated herein and apply to this Code. It is the purpose of this Code to provide for the disclosure of assets and income of designated employees which may be materially affected by their official actions, and, in appropriate circumstances, to provide that designated employees should be disqualified from acting in order that conflicts of interest may be avoided. SECTION 2. Designated Positions. The positions listed in Exhibit "A" are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in the making of decisions which may foreseably have a material effect on a financial interest. SECTION 3. Disclosure Statements. Designated positions shall be assigned to one or more of the disclosure categories set forth in Exhibit "B" . Each designated employee or official shall file an annual statement disclosing that employee's or official's interest in investments, business positions, interests in real property and source of income designated as reportable under the category to which the employee's or official's position is assigned in Exhibit "B". SECTION 4. Place and Time of Filing. A. All designated employees or officials required to submit a statement of financial interests, (FPPC Form No. 730), shall file the original with the City Clerk's office. B. The City Clerk's office shall make and retain a copy of the statement. C. A designated employee or official required to submit an initial statement of financial interest, (FPPC Form No. 730), shall submit the statement within 30 days after the effective date of this Code, disclosing interests held including investments, business positions, and interests in real property on the effective date of this Code, and income received during the twelve (12) months prior to the effective date of this Code. D. All persons appointed, promoted, or transferred to designated positions shall file initial statements not more than 30 days after assuming office. E. The first statement of financial interests filed by a designated employee shall disclose the designated employee's reportable investments, business positions, and interests a?C2:109244.4 in real property as those investments, positions, and interests in real property exist as of the effective date of this Code or the date the designated employee assumed office, whichever is later, and income received during the preceding twelve (12) months. F. Annual statements shall be filed by April 1, of each year by all designated employees. Such statements shall disclose reportable investments, business positions, interests in real property, and income held or received at any time during the previous calendar year or since the designated employee took office if during the calendar year. G. A designated employee required to file a statement of financial interest with any other agency which is within the same territorial jurisdiction and whose disclosure requirements are comparable may comply with the provisions of this Code by filing a duplicate copy of the statement filed with the other agency, in lieu of an entirely separate statement. H. Every designated employee who leaves office shall file, within 30 days of leaving office, a statement disclosing reportable investments, business positions, interests in real property, and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office. I. A designated employee who resigns his or her position within 30 days twelve (12) months following initial appointment or within thirty (30) days of the date of a notice mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation the individual does not make, participate in making, or use the position to influence any decision of the City or receive or become entitled to receive any form of payment by virtue, of being appointed to the position. Within thirty (30) days of the date of a notice mailed by the filing officer, the individual shall do both of the following: File a written resignation with the appointing power. 2. File a written statement with the filing officer on a form prescribed by the commission and signed under penalty of perjury stating that the individual, during the period between appointment and resignation, did not make, participate in the making or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. SECTION 5. Contents of Disclosure Statements. Disclosure statements shall be made on forms supplied by the City Clerk's Office, (FPPC Form No. 730), and shall contain the following information: A. Contents of Investment and Real Propgrty Re2grts. When an investment or an interest in real property is required to be disclosed, the statement shall contain: A statement of the nature of the investment or interest; LAM: IM44.4 2 2. The name of the business entity in which each investment is held and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement indicating whether the fair market value of the investment or interest in real property equals or exceeds one thousand dollars ($1,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand ($10,000) but does not exceed one hundred thousand dollars ($100,000), or whether it exceeds one hundred thousand dollars ($100,000). For purposes of this Code, "interest in real property" does not include the principle residence of the designated employee or any other property which the designated employee utilizes exclusively as the employee's personal residence. 5. For purposes of this subdivision (a) of Section 5, "interest in real property" does not include the principal residence of the filer or any other property which utilizes exclusively as the personal residence of the filer. B. Contents of Personal Income Reports: When personal income' is required to be disclosed under this Code or pursuant to the Political Reform Act, the statement shall contain: 1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement indicating whether the aggregated value of income from each source, or, in the case of a loan, the highest amount owed to each source, was at least two hundred fifty dollars ($250) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000), or whether it was greater than ten thousand dollars ($10,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value and the date on which the gift was received; ' "Income" is defined in Title 9, Chapter 2 of the Government Code (section 82030). That definition is attached hereto as Exhibit T." ,LX2:1092UA 3 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan. C. Contents of Business Entity Reports. When the designated employee's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the designated employee's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year; 3. Income of a business entity is required to be reported only if the direct, indirect, or beneficial interest of the designated employee and his or her spouse in the business entity aggregates a 10 percent or greater interest. In addition, for purposes of subparagraphs 2 and 3 of this subsection, the disclosure of persons who are clients or customers of a business entity is required only if it is reasonably foreseeable that the client or customer may be materially affected by the decisions of the designated employee. 4. When a payment, including an advance or reimbursement for travel is required to be reported pursuant to (b) and (c) of this Section 5, it may be reported on a separate travel reimbursement schedule which shall be included in the filer's statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income. D. Contents of Business Position Disclosure. When business positions are required to be reported, the designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management; a description of the business entity in which the business is engaged, and the designated employee's position with the business entity. E. Acquisition or Disposal During a Calendar Year. If any otherwise reportable investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. SECTION 6. Disqualification. Designated employees shall disqualify themselves from making, participating in the making of, or in any way using their official position to influence a governmental decision when it is reasonably foreseeable that the decision will have a material financial affect distinguishable from its effect on the public generally, on the designated ;X2.109244.4 4 employee, or a member of his or her immediate family, or on: A. Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; B. Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; C. Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within twelve (12) months prior to the time when the decision is made; D. Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or E. Any -donor of, or any intermediary of agent for a donor of, a gift or gifts aggregating two hundred fifty dollars ($250) or more in value provided to, received by, or promised to the designated employee within twelve (12) months prior to the time when the decision is made. For purposes of this section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, or by a business entity or trust in which the designated employee, the designated employee's agent, spouse, and dependent children own directly, indirectly, or beneficially a ten percent (10 %) interest or greater. No designated employee shall be required to disqualify himself or herself with respect to any matter which could not legally be acted upon or decided without his or her participation. A designated employee required to disqualify himself or herself shall notify the City Manager and the City Clerk in writing, and the City Clerk shall record the person's disqualification. Violations. Pursuant to Government Code Section 87300, this Code "shall have the force of law" and any violation of any provision of this Code shall be punishable in accordance with Government Code Section 91000 to 91015 and include criminal and civil sanctions, as well as discipline within the City's Personnel System. LAX2: to9244.a 5 SECTION 7. EXHIBIT "A" Designated City of Temecula Employees and Disclosure Categories The following positions entail the making or participation in the making of decisions which may foreseeably have a material effect on financial interests: Designated Position Disclosure Categories Assistant City Manager ......................................... 1 Building Official ............................................. 1 Chief of Police .............................................. 1 Chief Accountant ............................................ 1 CityClerk ................................................. 1 City Engineer/Director of Public Works ............................... 1 Consultantz................................................. 1 Principal Engineer ............................................ 1 Exempt Officials!' ............................................ 0 z' Consultants shall be included in the list of designated employees and shall disclose all of the information required to be disclosed by designated employees subject to the following limitation: The City Manager or his or her designee may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirement described in this Section. Such written disclosure shall include a description and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. !' The Mayor, City Council, Members of the Planning Commission, City Manager, City Attorney, City Treasurer, and Director of Finance are all required to file disclosure statements pursuant to state law and thus are not included herein. LAX2:109241.4 6 Director of Community Services ................................... 1 Financial Services Administator.................................... 1 FireChief ................................................. 1 Maintenance Superintendent ...................................... 1 Planning Director ............................................ 1 Recreation Superintendent ....................................... 1 Senior Accountant ............................................ 1 Senior Building Inspector ........................................ 1 Senior Management Analyst ...................................... 1 Traffic Engineer ............................................. 1 Senior Planner .............................................. 1 Members of all City Commissions, Boards, and Committees Not Otherwise Required to File Conflict of Interest Statements ..................................... 1 iaX2:109244.4 7 SECTION 8. EXHIBIT "B" Categories of Reportable Economic Interests Designated Persons in Category "I" Must Report: All investments, interests in real property, income, and any business entity in which the person is a director, officer, partner, trustee, employee, or holds any position of management. These financial interests are reportable only if located within and subject to the jurisdiction of the City, or if the business entity is doing business or planning to do business in an area subject to the jurisdiction of the City, or has done business within an area subject to the jurisdiction of the City at any time during the two years prior to the filing of the statement. Designated Persons in Category "2" Must Report: A. All Investments in real property located within or subject to the jurisdiction of the City. B. Investments in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. C. Income from any source which within the last two years has contracted or in the future foreseeably may contract with the City. D. His or Her status as a director, officer, partner, trustee, employee, or holder of a position of management in any business entity which within the last two years has contracted or in the future foreseeably may contract with the City. Designated persons in Category "3" must reWrt: A. Investments and business positions in, and income from business entities located in, doing business in, or planning to do business in the redevelopment project area and all interests in real property located within two miles of the redevelopment project area. K2:1M44.4 8 EXHIBIT "C" 82030. Income. A. "Income" means, except as provided in subdivision (b), a payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a 10-percent interest or greater. "Income" other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. B. "Income" also does not include: 1. Campaign contributions required to be reported under Chapter 4 (commending with Section 84100). 2. Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide educational, academic, or charitable organization. 3. Any devise or inheritance. 4. Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. 5. Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States Government or a commodity future registered with the Commodity Futures Trading Commission of the United States Government, except proceeds from the sale of these securities and commodities futures. 6. Redemption of a mutual fund. 7. Alimony or child support payments. 8. Any loan or loans from a commercial lending institution which are made in the lenders' regular course of business on terms available to members of the public without regard to official status if: -+ 2:IM44.4 9 A. Used to purchase, refinance the purchase of, or for improvements to, the principal residence of filer; or B. The balance owed does not exceed ten thousand dollars ($10,000). 9. Any loan from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan from any such person shall be considered income if the lender is acting as an agent or intermediary for any person not covered by this paragraph. 10. Any indebtness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10, 000) . 11. Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). 12. Proceeds from the sale of securities registered with the securities and Exchange Commission of the United States Government or from the sale of commodities futures registered with the Commodity Futures Trading Commission of the United States Government if the filer sells the securities or the commodities futures on a stock or commodities exchange and does no know or have reason to know the identity of the purchaser. L..M: io92UA 10 POLICY NO. 15 CODE OF ETHICS CITY OF TEMECULA CITY COUNCIL POLICY Aft A'1 The Heart of Southern Califarnia Wine Country Title: Code of Ethics Policy No. 15 Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the Code of Ethics for the City Council of the City of Temecula. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: City Code of Ethics PrPamhlP The citizens of the City of Temecula are entitled to responsible, fair and honest city government that operates in an atmosphere of respect and civility. Accordingly, the Temecula City Council has adopted this code to: 1. Describe the standards of behavior to which its leaders and staff aspire. 2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their day-to- day service to the city. 3. Promote and maintain a culture of ethics. Pledge On November 14, 2023, the City Council of the City of Temecula adopted this City Code of Ethics, which applies to all City employees, officers, commissions, and elected or appointed officials and requires the following pledge: Responsibility • I understand that the community expects me to serve with dignity and respect, as well as be an agent of the democratic process. • I avoid actions that might cause the public to question my independent judgment. • 1 do not use my office or the resources of the city for personal or political gain. • 1 am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the city and its citizens. Fairness • 1 promote consistency, equity and non-discrimination in public agency decision -making. • 1 make decisions based on the merits of an issue, including research and facts. • 1 encourage diverse public engagement in our decision -making processes and support the public's right to have access to public information concerning the conduct of the City's business. Respect • 1 treat my fellow city officials, staff, commission members and the public with patience, courtesy, civility, and respect, even when we disagree on what is best for the community and its citizens. Honesty • I am honest with all elected officials, staff, commission members, boards, the public and others. • I am prepared to make decisions when necessary for the public's best interest, whether those decisions are popular or not. • I take responsibility for my actions, even when it is uncomfortable to do so. In addition, the City Council commits to the following core values: 1. As a representative of the City of Temecula, in practice, this value looks like: I will be ethical. 2. As a representative ofthe City of Temecula, I will be professional. 3. As a representative of the City of Temecula, I will be service -oriented. 4. As a representative of the City of Temecula, I will be fiscally responsible. 5. As a representative of the City of Temecula, I will be organized. 6. As a representative of the City of Temecula, I will be communicative. 7. As a representative of the City of Temecula, I will be collaborative. 8. As a representative of the City of Temecula, I will be innovative. POLICY NO. 16 COMPENSATION AND/OR STIPENDS CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Compensation and/or Stipends Policy No. 16 Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the requirements related to Council compensation and/or stipends as codified in the Government Code and the Temecula Municipal Code. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: The City of Temecula is a general law city formed under the laws of the State of California. The City Council compensation schedule for general law cities is set forth in Government Code Section 36516 et seq. Current City Council compensation is $600 per month pursuant to Temecula Municipal Code Section 2.04.050. City Council compensation was last adjusted in October 2023 via Ordinance No. 2023-08. Ordinance No. 2023-08 reset the compensation from $600 to $1,900 per month pursuant to Senate Bill 329. On June 29, 2023, Senate Bill 329 (SB 329) was signed into law setting forth a new compensation schedule for City Council members. SB 329 declared that the compensation schedule for general law cities had not been adjusted since 1984, indicating compensation had not kept pace with inflation. The Legislature also declared that compensation adjustments for inflation may help city councils become more diverse allowing individuals from across different income levels to serve the public and support their families. SB 329 was permissive and not mandatory. SB 329 increased the maximum amount of City Council salaries based upon population size, permitted adjustments by ordinance at two public meetings, and allowed for additional modification under specific circumstances. Automatic adjustments for CPI were prohibited. For cities 75,000 - 150,000 in population, maximum compensation was set at one thousand nine hundred dollars ($1,900) per month. While SB 329 set forth an alternative calculation to the $1,900 amount based on a maximum 5% increase per year from the date of the last adjustment (2003-2023=20 years), this amount was $1,200, and less than the $1,900 amount set by population. As such, the $1,900 amount remained the maximum cap for compensation adjustment at the time Ordinance 2023-08 was adopted. Ordinance No. 2023-08 will become effective after the results of the November 2024 general municipal election is certified by the City Council of the City of Temecula. A copy of Ordinance No. 2023-08 is attached as Exhibit A. EXHIBIT A POLICY ORDINANCE NO.2023-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.04.050 OF THE TEMECULA MUNICIPAL CODE REVISING THE SALARY FOR COUNCIL MEMBERS TO NINETEEN HUNDRED DOLLARS PER MONTH AS PROVIDED IN GOVERNMENT CODE SECTION 36516 AND PROVIDING FOR REIMBURSEMENT OF NECESSARY EXPENSES THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. Effective January 1, 2024, with the passage of Senate Bill 329 (Dodd), Government Code Section 36516 provides that council members in a city with a population of 75,000 — 150,000 are authorized to receive a salary of nineteen hundred ($1,900.00) per month. The population of a city for the purposes of establishing council member salaries may be based upon either a federal census or an estimate of population validated by the California Department of Finance. B. The population of the City of Temecula in 2023 is 108,899 as validated by the California Department of Finance. C. The need for the increase in Council salary is based on the following: (1) Council Members work many hours per month in addition to regular council meetings, including meeting with constituents, reviewing agenda reports for Council and City Commissions, attending subcommittee meetings, meeting with staff, and attending events on behalf of the City and not reflected in their current salary; and (2) increasing the salary may help the City Council become more diverse because increased salary can help individuals from across different income levels receive sufficient income from their service to help ensure that they can continue to serve the public and support their families. Section 2. Section 2.04.050 of the Temecula Municipal Code is hereby amended to read as follows: "2.04.050 Compensation "A. In accordance with Government Code Section 36516, each council member shall be entitled to a salary of in the amount of nineteen hundred dollars ($1,900.00) per month. B. Upon the submission of an itemized account, any council member may be reimbursed for the actual and necessary expenses incurred in the performance of official duty. The . Council may, by resolution, establish a schedule of actual and necessary expenses incurred in the performance of official duty for which council members may be reimbursed." Section 3. As required by Government Code Section 36516.5, council members shall not be eligible for the $1,900.00 salary described in Section 1 of this ordinance until the term of office begins for council members elected at the November 2024 General Municipal Election. Until such time, council members shall continue to receive $600.00 per month in salary. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24 h day of October, 2023. elk �Z&/ Zak Schwank, Mayor ATTE Ran o ,City Clerk [SEAL] 1 F� 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2023-08 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 261h day of September, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 241h day of October, 2023, by the following vote: AYES: 3 COUNCIL MEMBERS: Brown, Kalfus, Schwank NOES: 2 COUNCIL MEMBERS: Alexander, Stewart ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 3 POLICY NO. 17 ELECTED OFFICE TRAVEL AND REIMBURSMENT CITY OF TEMECULA CITY COUNCIL POLICY Aft At cow,( '1 The Heart of Southern Califarnia Wine Country Title: Elected Official Travel and Reimbursement Policy No. 17 Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to establish responsibilities and guidelines for elected officials when attending business or professional conferences, training seminars or other travel on City business. It is the intent of the City of Temecula to assure compliance with all state and federal laws, including United States Internal Revenue Service regulations and Assembly Bill 1234 (2005). POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: In general, all reimbursements to elected officials are a use of public funds. The City expects to reimburse reasonable costs incurred by elected officials when traveling on City business, and elected officials are expected to use good judgment in their expenditure of public funds. Reimbursement of business -related expenses paid to elected officials is generally tax-free; however, elected officials must substantiate the expenses with original receipts. A detailed record of all reimbursable expenses incurred during the travel must be submitted on a City Travel/Expense Form. A. DEFINITIONS 1. Business Travel - authorized attendance at conferences, meetings, and seminars or authorized travel for any other purpose in connection with official City responsibilities. Business travel includes day trips and trips requiring one or more overnight stays in connection with official representation of the City to do the following: a. Communicate with representatives of regional, state and national government on City adopted policy positions. b. Attend trainings, seminars, symposiums, conferences, hearings, conventions or other meetings. c. Interview persons, inspect facilities or institutions, conduct surveys, and exchange professional information or otherwise travel for the benefit of the City. d. Act as host to persons who, for protocol reasons, merit appropriate courtesies. 1 e. Participate in such other activities requiring expenditures for travel and/or subsistence as are clearly necessary to serve in the best interest of the City. 2. Business Travel Period — the time that is necessary to travel by the most cost effective and appropriate travel method to attend conferences, meetings, and seminars related to City business. Additional time required to travel as the result of alternative travel methods selected by elected officials are not included in the business travel period and expenses are not subject to reimbursement. 3. Local Travel - travel within a radius of fifty miles from Temecula City Hall. 4. Out -of -Town Travel -travel greater than fifty miles from Temecula City Hall. 5. Mileage Allowance - the reimbursement paid to the elected official for the use of their own personal vehicle during travel on official City business. The mileage reimbursement rate will be the prevailing rate established by the Internal Revenue Service (IRS). Elected officials receiving a monthly automobile allowance are not eligible to receive an additional mileage allowance. 6. Allowable Expense - an expenditure deemed by the U.S. General Services Administration (GSA) as a stand-alone expense that is fully reimbursable, and not included as an incidental expense under per diem rates. 7. Incidental Expense -federal travel regulations define "incidental expenses" as fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards and stewardesses and others; transportation between places of lodging or business and places where meals are taken; and the mailing cost associated with filing travel vouchers. B. PROVISIONS 1. Approvals a. It is the policy of the City Council to publicly disclose and approve all requests for travel expense reimbursement from elected officials as a part of its approval for the List of Demands. If the travel is directly related to City business, defined as those legislative matters that fall within the jurisdiction of a local government municipality, such travel should be considered pre - approved for reimbursement. Any other requests for travel and subsequent reimbursement shall require pre -approval by the City Council. b. Any number of elected officials may attend conferences if the funds for such purposes are specifically provided for and included in the annual budget, and the number of attendees is justified in consideration of the additional cost. Any other requests for travel and subsequent reimbursement shall require pre -approval by the City Council. 2. Transportation z a. Use of air, train, private car or bus shall be selected based on the most cost effective and appropriate method, taking into consideration distance as calculated by an internet mileage calculator such as MapQuest, and total costs to the City after all expense items are tabulated. Trips should be via the most direct and commonly traveled routes. Other routes may be authorized when official business requires their use. Costs associated with indirect routes, stops along the way for personal reasons, or extending the time beyond what is required for official business will not be paid for or reimbursed by the City. Once booked, changes to flights should be avoided whenever possible to minimize cost to the City. b. If an elected official wishes to drive rather than fly to a destination, and the official does not receive a monthly automobile allowance, the City will reimburse the elected official the lesser of the mileage rate to and from the site or the amount of the lowest cost airline coach fare within one week after the meeting or conference is booked plus the cost of mileage to and from the airport, the cost of long term parking, and the cost of transportation from the airport to the meeting or conference site for the time necessary for the business travel only. If parking fees are charged at the meeting or conference location due to the elected official driving their personal vehicle, the mileage and parking costs will be reimbursed up to the cost of the airfare, mileage, parking, and transportation costs listed above for the time necessary for business travel. The City will not cover the cost of additional expenditures such as meals, lodging, parking and any other costs incurred resulting from the additional time required to travel by automobile. c. Reimbursement for mileage shall be at the prevailing IRS established rate and mileage will be calculated from Temecula City Hall. Use of a privately owned vehicle on City business requires the driver to possess a valid California driver's license and to carry automobile insurance. Any damage to the vehicle or service repairs are of a personal nature, and are not reimbursable by the City, and the City shall assume no liability. Reimbursement will be based on the vehicle and not on the number attending (i.e., the owner of the vehicle will be paid and not the passengers). Mileage related to attending conferences or meetings requiring travel is submitted on the Travel Expense Form along with other conference or meeting expenses. Mileage not associated with travel, such as for local events, must be submitted monthly on a Mileage Reimbursement Form within 30 calendar days of the end of the month to be eligible for reimbursement. Such reimbursement is not available to those receiving a monthly automobile allowance. d. Expenditures deemed as an allowable expense by the GSA such as tolls, parking, internet service and checked baggage for airlines, will be fully reimbursed upon presentation of the original receipts for the period of travel time required for City business. If an elected official chooses to extend the trip for additional days, expenditures for these days will not be paid for or reimbursed by the City. The cost for valet parking will only be reimbursed if no lower cost self -parking was available. e. When the use of public air carrier transportation is approved, travel for all personnel shall be in coach class or equivalent service. Private automobile use to and from the airport shall be reimbursed for all miles at the current mileage rate. Long-term offsite parking must be used for travel exceeding 24 hours unless the onsite parking rate is lower. If, in lieu of parking at the airport, the elected official obtains a ride to and from the airport, the cost of the mileage for 3 both round trips will be covered up to what the cost would have been for one round-trip plus the cost of long term parking for the required travel period. f. While traveling, the use of rental vehicles is discouraged. Shuttle services, buses, taxis, ride share, or car services, between airports and meeting locations will be covered. Rental vehicles shall only be permitted when no other transportation is available, or when alternate transportation would be more expensive or impractical. When rental vehicles are used, the least expensive vehicle practical shall be used, and car rental insurance must be purchased from the rental agency. Car rental fees will be covered only for the time required for the official travel. 3. Lodging a. Lodging shall be obtained at the most economical rate available for good quality accommodations. In general, the City will cover the cost of hotel accommodations at the standard room rate, government room rate, or conference attendee rate, whichever is less. Upgrades to accommodations are not covered and must be paid for directly by the elected official. 1) If lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. 2) The City will pay for a single occupancy room (including taxes, parking and other allowable expenses) for as many nights as is necessary to attend the meeting or conference based on the applicable agenda. Any extension of time for personal use is not covered and must be paid for directly by the elected official. If attendance at an event that is not on the agenda is required resulting in additional lodging, meal or other costs, the elected official must attach a statement or other documentation outlining the time and purpose of the meeting attended to obtain reimbursement for the additional costs. Lodging will be provided to elected officials the night prior to the meeting or conference when flight schedules do not allow for arrival on the day of the event prior to the start. Lodging will be provided on the last day of the event only if the event ends late in the day and no return flights are available. Elected officials must cancel any reservation that will not be used. If the City is charged for an unused reservation, the elected official will be responsible for that charge unless circumstances requiring cancellation were reasonably beyond their control. b. An elected official may stay with a friend or relative while attending an out-of-town meeting or conference; however, the City will not reimburse the elected official for any payment to the friend or relative for lodging, meals or transportation. 4. Meals, Incidental and Allowable Expenses a. For trips requiring an overnight stay, the allowable cost of meals at a hotel, restaurant, cafeteria, cafe or deli consumed by the elected official while on required business travel will be reimbursed when documented by appropriate receipts. The cost includes non-alcoholic beverages, taxes and tip. Elected officials are not eligible to receive a per diem allowance. 4 1) Elected officials are eligible to receive reimbursement for actual costs of meals and incidental expenses to the maximum allowance under the GSA Per Diem Rate Schedule (www.gsa.gov) for the location where the meeting or conference took place calculated daily meaning that the meals in totality will be reimbursed up to the maximum allowable for the day, not on an individual meal basis. Partial days, including the first and last days of the conference or event will be prorated according to the GSA Per Diem Rate Schedule. Meals for spouses or guests must be paid for by the elected official and are not eligible for reimbursement. 2) When meals are provided during a conference, those meals must be subtracted out of the per diem rate allowed for the day using the GSA Per Diem Rate Schedule provisions for partial days for the location in which the meeting took place. The provision of a "Continental Breakfast" will not be counted as a meal provided for the purposes of this section. 3) Receipts must show the itemized meal and beverages. Credit card receipts with no detail are not acceptable documentation. 4) Other expenditures deemed by the GSA as an allowable expense (i.e., checked baggage for airlines) are reimbursable. 5) Elected officials are required to submit supporting documentation and receipts for all reimbursable purchases, including the elected official's name and the nature of the business. b. For trips not requiring overnight stays, the actual cost of meals at a hotel, restaurant, cafeteria, cafe or deli consumed by the elected official while on business travel will be reimbursed when documented by appropriate receipts. The actual cost includes non-alcoholic beverages, taxes and a 15% tip. 1) Receipts must show the itemized meal and should have the elected official's name and the nature of the business documented. 2) Reimbursement shall not exceed the daily meal limit amounts set above, regardless of the amount in receipts submitted. 3) Meals for travel under twenty-four hours may be taxed according to IRS regulations. 4) Elected officials will not be reimbursed for meals if the location of the meeting or conference is within the City, since the elected official could have the meal in the manner they normally choose. 5) Elected officials will not be reimbursed for meals which are already included in the conference registration fee. s 6) If an elected official is attending a one -day seminar whereby lunch is not included in the price of the seminar, the reimbursement may not exceed the prevailing U.S. GSA lunch rate for the location in which the meeting took place. 5. Cash Advances and Credit Card Usage a. If an elected official requires a cash advance for travel expenditures related to City business, a cash advance of a minimum of one hundred ($100) dollars up to a maximum of one thousand five hundred ($1,500) dollars may be made to the elected official. 1) Authorization shall be in the form of a check request from the City Manager to the Finance Department. 2) Cash advances shall be restricted to a maximum of meal and incidental allowances as defined in Section 4. b. Approved cash advances should be submitted to the Finance Department three weeks prior to departure date. 1) The elected official will be notified by the Finance Department when the requested funds are available for pickup immediately prior to the dates of travel. 2) Receipt of a cash advance for travel expenses does not constitute pre -approval for the expenditure of the entire amount so advanced, as all expenditures must be reasonable, justified and approved. c. If an elected official has accepted a cash advance, a reconciliation of the advance payment must be made based on the actual expenses incurred as part of the expense report and submitted to the City within ten (10) calendar days of returning from the conference or meeting. 1) If actual expenses exceed the amount of the advance, any additional expenses will be reimbursed. 2) If actual expenses do not exceed the expense advance received, the elected official shall reimburse the City for the unused portion within ten (10) calendar days of filing the expense report. Any unreimbursed cash advance will be withheld from the elected official's next stipend. d. Elected officials may be issued a credit card by the City of Temecula. Such credit card is to be used for City business only as set forth in this policy (i.e., conference registration, lodging hotel, transportation, non -covered meals, meetings, etc.). Said credit card shall remain in the possession of the Executive Assistant to the City Council and shall be checked out from time to time when the need arises including when the elected official is traveling for City business. Use of the credit card remains subject to all other relevant provisions set forth in this policy, including the submittal of actual costs incurred by way of receipts separately and/or via the Travel/Expense Form. 6 6. Other Provisions a. Spouses and guests are permitted to accompany the elected official on City travel and at conferences, seminars, and meetings, except when such accompaniment would interfere with the conduct of City business. Any additional costs associated with the participation of the spouse or other guests are the sole responsibility of the elected official. b. If Internet access is necessary for City related business, the City will reimburse Internet access connection and/or usage fees away from home during the authorized business travel period. The rate must be listed as such on the invoice, so as not to be confused with other incidental costs. c. Baggage handling fees of a generally accepted, reasonable amount and gratuities of up to 15% will be reimbursed. 7. Unauthorized Expenses a. Items of a personal nature are not reimbursable, including movies, entertainment, premium television services, alcoholic beverages, snacks, gift certificates, laundering or dry-cleaning, spas, gyms, barbers, magazines, shoeshine, travel insurance, purchase of clothing or toiletries, loss of tickets, fines or traffic violations, non -mileage personal automobile expenses, including repairs, insurance or gasoline, personal losses incurred while on City business, excess baggage, spouse and/or guest accommodations, office equipment and other items of a personal nature. b. Spouses and guests are allowed to accompany the elected official on City travel and at conferences, seminars• and meetings when using public or private transportation. Any additional costs associated with the participation of the spouse or other guests are the sole responsibility of the elected official including any increased lodging rate due to double occupancy. Any increase in cost due to a spouse or guest accompanying an elected official is not to be charged to the City and must be paid for directly by the elected official. c. Expenses for which elected officials receive reimbursement from another agency are not reimbursable. d. If unauthorized expenses have been paid by the City, the elected official will be responsible for immediate reimbursement to the City by cash or personal check. If the payment has not been received within twenty (20) calendar days after the event, the amount due will be deducted from the elected official's next monthly stipend. C. TRAVEL/EXPENSE FORM 1. Upon return from the event, the elected official must submit an approved Travel/Expense Form to the Finance Department within ten (10) calendar days. This form itemizes all expenses associated with the event. All original receipts must be attached, as well as a copy of the conference schedule and/or itinerary. Electronic receipts will also be accepted. 2. Expense forms must document that the expenses in question meet the requirements of this policy. 3. If an elected official has lost a receipt for a travel -related item, a memo is required. The memo must include the following: a. Detailed explanation, such as time, activity, and reason for losing the receipt. b. Include all receipt information such as place, amount, date, and description of item. c. The elected official must sign the memo. D. INTERPRETATION OF POLICY The intent of the policy is to provide guidelines to cover the necessary costs associated with elected officials attending conferences and meetings related to, and for the benefit of, the City of Temecula in the most cost-effective manner. Fiscal prudence should prevail in the interpretation of the policy as it is impossible to cover every unique situation that may arise. Any disagreement as to how the policy should be applied should be referred to the City Manager. E. VIOLATIONS OF THIS POLICY Use of public resources or falsifying expense reports in violation of this policy may result in any of the following: 1) loss of reimbursement privileges; 2) a demand for restitution to the City of Temecula; 3) the agency's reporting the expenses as income to the elected official to state and federal tax authorities; 4) civil penalties up to the maximum allowable by law; 5) prosecution for misuse of public resources. s POLICY NO. 18 APPOINTMENT TO INTERNAL/ EXTERNAL COMMITTEES CITY OF TEMECULA CITY COUNCIL POLICY Aft At cow,( '1 The Heart of Southern Califarnia Wine Country Title: Appointment to Internal/External Committees Policy No. 18 Approved: November 14, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to set forth the guidelines affiliated with the appointment of Council Members to internal and external committees. POLICY: The policy of the City Council with respect to the matter listed in the above -referenced title is as follows: Appointments to Committees The City of Temecula has several internal committees — ad hoc and standing — on which the City Council serve. Under the Brown Act, which is codified in the Government Code, a "standing committee" is one that has "continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution or formal action of a legislative body." An "ad hoc committee" is one that has limited subject matter jurisdiction, typically one topic, and meets for such time as to complete a limited purpose. The Brown Act applies to all standing committee meetings and relevant staff ensure noticing requirements are met. Appointments to external committees may include Western Riverside County Regional Conservation, Riverside County Habitat Conservation Agency Board, Riverside County Transportation Commission, Riverside Transit Agency, Western Riverside Council of Governments, League of California Cities, National League of Cities, and Pechanga Tribal Council Liaison among others. The City Council makes appointments to its internal and external committees in January of each year. Two members are publicly appointed to each committee by a majority vote of the Council. Members may be appointed based on interest, continuity, availability, and/or any other reason. Members serve for the full calendar year in which they are appointed. In the event of a vacancy, another member may be appointed by majority vote of the City Council when the vacancy occurs. Stipends for Committees There are no stipends provided by the City of Temecula for any committee service on internal ad hoc and/or standing committees. For external committees, the corresponding regional agency (i.e., Riverside Transit Agency, Riverside Conservation Authority, etc.) may provide a stipend per month and/or meeting for service on their respective committee. Such appointments and related stipends are reportable pursuant to Fair Political Practices Commission Regulation 18702.5. The City Clerk's office is responsible for posting Form 806 listing paid appointed positions as required pursuant to law. APPENDIX A SUMMARY OF RALPH M. BROWN ACT Or - Brown Act o HANDBOOK r*4 Summary of the Major Provisions and Requirements of the Ralph M. Brown Act Summary and Discussion of the Major Provisions of the Brown Act Text of the Ralph M. Brown Act ) Updated including changes effective January 1, 2023 Table of Contents INTRODUCTION...............................................................................................................................................iii PART ONE: SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWNACT...................................................................................................................................... l I. APPLICATION OF BROWN ACT TO "LEGISLATIVE BODIES".........................................................2 II. DEFINITION OF "MEETING"...............................................................................................................3 III. EXCEPTIONS TO MEETING REQUIREMENT......................................................................................3 A. The Individual Contact Exception...................................................................................4 B. The Seminar or Conference Exception...........................................................................4 C. The Community Meeting Exception................................................................................4 D. The Other Legislative Body Exception.............................................................................4 E. The Social or Ceremonial Occasion Exception............................................................5 F. The Standing Committee Exception...............................................................................5 IV. PERMITTED LOCATIONS OF MEETINGS AND TELECONFERENCING...........................................5 A. Permitted Locations of Meetings.....................................................................................5 B. Teleconferencing................................................................................................................5 1) Background on the COVID-19 pandemic.......................................................6 V. ADA COMPLIANCE...........................................................................................................................9 VI. SIMULTANEOUS OR SUCCESSIVE MEETINGS................................................................................10 VII. SERIAL MEETINGS.............................................................................................................................10 A. Contacts with Staff........................................................................................................... l 1 B. Contacts with Constituents, Developers and Lobbyists............................................12 C. Contacts with Fellow Members of the Same Legislative Body................................13 D. Contacts on Social Media..............................................................................................13 VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS................................................................14 A. Time of Notice and Content of Agenda......................................................................14 B. Action and Discussion on Non -agenda Items.............................................................17 Ralph M. Brown Act Page i © 2023 Richards, Watson & Gershon 2764673 C. Reporting of Actions.........................................................................................................18 IX. PUBLIC PARTICIPATION...................................................................................................................18 A. Regular Meetings..............................................................................................................18 B. Public Comments at Special Meetings........................................................................19 C. Limitations on the Length and Content of Public Comments.................................19 D. Additional Rights of the Public.......................................................................................20 X. CLOSED SESSIONS...........................................................................................................................22 XI. ENFORCEMENT................................................................................................................................24 XII. CONCLUSION..................................................................................................................................25 PART TWO: THE RALPH M. BROWN ACT...................................................................................................24 Ralph M. Brown Act Page ii © 2023 Richards, Watson & Gershon 2764673 INTRODUCTION This Handbook is prepared to provide you with a summary of the major provisions of California's open meeting law for local governments - the Ralph M. Brown Act, including rules about calling and holding various types of meetings and closed sessions, as well as guidelines for how to avoid serial meetings. The second part contains the complete text of the Brown Act. This Handbook is designed for local government officials and staff and we hope you will find it useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact us. Richards, Watson & Gershon Ralph M. Brown Act Page iii © 2023 Richards, Watson & Gershon 2764673 PART ONE: SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWN ACT /1RWG LAW Ralph M. Brown Act © 2023 Richards, Watson & Gershon 2764673 Page 1 Summary of the Major Provisions and Requirements of the Ralph M. Brown Act The Ralph M. Brown Act, more commonly known as the "Brown Act," is California's "sunshine" law for local government. The Brown Act is found in the California Government Code commencing with Section 54950. In a nutshell, the Brown Act requires local government business to be conducted at open and public meetings, except in certain limited situations. This Handbook briefly summarizes and discusses the major provisions of the Brown Act. I. APPLICATION OF BROWN ACT TO "LEGISLATIVE BODIES" The requirements of the Brown Act apply to "legislative bodies" of local governmental agencies. The term "legislative body" is defined to include the governing body of a local agency (e.g., the city council or the board of supervisors) and any commission, committee, board, or other body of the local agency, whether permanent or temporary, decision -making or advisory, that is created by formal action of a legislative body. § 54952(a)-(b). Standing committees of a legislative body, that have either "continuing subject matter jurisdiction" or a meeting schedule fixed by formal action of the legislative body, are also subject to the requirements of the Brown Act. Some common examples include the finance, personnel, or similar policy subcommittees of a legislative body. Standing committees exist to make routine, regular recommendations on a specific subject matter. These committees continue to exist over time and survive resolution of any one issue or matter. They are also a regular part of the governmental structure. The Brown Act does not apply to "ad hoc" committees comprised solely of members of the legislative body that are less than a quorum of the body, provided these committees do not have a "continuing subject matter jurisdiction," or a meeting schedule fixed by formal action of the legislative body. Such ad hoc committees are purely advisory; they generally serve only a limited or single purpose, are not perpetual, and are dissolved when their specific task is completed. Advisory and standing committees, but not ad hoc committees, are required to have agendas, and to have their agendas posted at least 72 hours in advance of their meetings. If this is done, the meeting is considered to be a regular meeting for all purposes. § 54954(a). If the agenda is not posted at least 72 hours in advance, the meeting must be treated as a special meeting, and all of the limitations and requirements for special meetings apply, as discussed later in Section VIII of this Handbook. Ralph M. Brown Act Page 2 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act The governing boards of some private corporations, limited liability companies, and private entities may be subject to the Brown Act under certain circumstances. A private entity's governing board constitutes a legislative body within the meaning of the Brown Act if either of the following applies: (i) the private entity is created by an elected legislative body to exercise lawfully delegated authority of the legislative body; or (ii) the private entity receives funds from a local agency and its governing board includes a member of the legislative body of the local agency who was appointed by the legislative body to the governing board as a full voting member. § 54952(c). Additionally, charter schools and entities managing charter schools may also be subject to the Brown Act. Educ. Code, § 47604.1 (b) (1). The Brown Act also applies to persons who are elected to serve as members of a legislative body of a local agency even before they assume the duties of office. § 54952.1. Under this provision, the statute is applicable to newly elected, but not -yet - sworn -in, members of the legislative body. II. DEFINITION OF "MEETING" The central provision of the Brown Act requires that all "meetings" of a legislative body be open and public. The Brown Act defines the term "meeting" very broadly in § 54952.2(a), and encompasses almost every gathering of a majority of legislative body members, including: "[A]ny congregation of a majority of the members of a legislative body at the same time and location, including a teleconference, . . . to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body." In plain English, this definition means that a meeting is any gathering of a majority of council members, board of directors or other applicable legislative body, to hear, discuss or deliberate any item of local agency business or potential local agency business. It is important to emphasize that a meeting occurs if a majority gathers to hear, discuss or deliberate on a matter and not just voting or taking action on the issue. III. EXCEPTIONS TO MEETING REQUIREMENT There are six types of gatherings that are not subject to the Brown Act. We commonly refer to these exceptions as: (1) the individual contact exception; (2) the seminar or conference exception; (3) the community meeting exception; (4) the other legislative body exception; (5) the social or ceremonial occasion exception; and (6) the standing committee exception. Unless a gathering of a majority of the members of a legislative body falls within one of the exceptions discussed below, even if a majority of members are merely in the same room listening to a discussion of local agency business, they will Ralph M. Brown Act Page 3 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act be participating in a meeting within the meaning of the Brown Act that requires notice, an agenda, and a period for public comment. A. The Individual Contact Exception Conversations, whether in person, by telephone, video conferencing, or other means, between a member of a legislative body and any other person do not constitute a meeting under the Brown Act. § 54952.2(c) (1). However, such contacts may constitute a "serial meeting" (discussed below) in violation of the Brown Act, if the individual also makes a series of individual contacts with other members of the legislative body, and communications with these other members are used to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body." § 54952.2(a). B. The Seminar or Conference Exception Attendance by a majority of the legislative body at a seminar, conference or similar educational gathering is generally exempted from Brown Act requirements. § 54952.2(c)(2). However, in order to qualify under this exception, the seminar or conference must be open to the public and must involve issues of general interest to the public or to local agencies. Attendance at a California League of Cities or California Contract Cities seminar is an example of an educational gathering that fulfills these requirements. However, as with many of the exceptions, this exception will not apply if a majority of legislative body members discuss among themselves items of specific business relating to their own local agency other than as part of the scheduled program. C. The Community Meeting Exception The community meeting exception allows a majority of legislative body members to attend privately sponsored neighborhood meetings, town hall forums, chamber of commerce lunches or other community meetings at which issues of local interest are discussed. § 54952.2(c) (3). In order to fall within this exception, however, the community meeting must satisfy specific criteria. First, the community meeting must be "open and publicized." Therefore, a homeowners' association meeting restricted to the residents of a particular development and only publicized to those residents cannot be attended by a majority of the legislative body without following the Brown Act requirements because the meeting does not qualify for the exception. And again, for those meetings that fall within the community meeting exception, a majority of legislative body members cannot discuss among themselves items of business of their own local agency other than as part of the scheduled program. D. The Other Legislative Body Exception This exception allows a majority of members of any legislative body to attend open and noticed meetings of other legislative bodies of their local agency, or of another local agency, without treating such attendance as a meeting of the body. § 54952.2(c)(4). Ralph M. Brown Act Page 4 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act Of course, the legislative body members are prohibited from discussing items of business of their local agency among themselves other than as part of the scheduled meeting. E. The Social or Ceremonial Occasion Exception As has always been the case, the Brown Act does not apply to attendance by a majority of the legislative body members at purely social or ceremonial occasions. § 54952.2(c)(5). This exception only applies if a majority of legislative body members do not discuss among themselves items of business of their local agency. F. The Standing Committee Exception The standing committee exception allows members of a legislative body, who are not members of a standing committee of that body, to attend an open and noticed meeting of the committee without making the gathering a meeting of the full legislative body itself. § 54952.2(c)(6). If a majority of the legislative body is created by the attendance of the additional members, the legislative body members who are not members of the standing committee may attend only as "observers." This means that the noncommittee members of the legislative body should not speak at the standing committee's meeting, sit in their usual seat on the dais, or otherwise participate in the meeting. It is generally recommended that, if a standing committee meeting is likely to be attended by other legislative body members, then the meeting should be agendized as a meeting of the whole legislative body. This will allow full participation by all members of the legislative body. IV. PERMITTED LOCATIONS OF MEETINGS AND TELECONFERENCING A. Permitted Locations of Meetings The Brown Act generally requires all meetings of a legislative body to occur within the boundaries of the local agency. § 54954(b). There are limited exceptions to this rule, however, such as allowing meetings with a legislative body of another local agency in that agency's jurisdiction. Meetings held outside of a local agency's boundaries pursuant to an exception still must comply with agenda and notice requirements, as discussed below. B. Teleconferencing The role of "teleconferencing," or using telephonic and/or video technology in public meetings was expanded significantly during the COVID-19 pandemic. Because the Brown Act relies on physical, in -person meetings as the primary means to achieve its goals of public participation and transparency, the law has traditionally limited a local agency's ability to use teleconferencing to hold public meetings. Ralph M. Brown Act Page 5 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act Generally, teleconferencing may only be used by members of a legislative body as a way to participate fully in the meeting from remote locations. § 54953(b). If one or more members participate in a meeting via teleconferencing, the following requirements apply to that meeting: (1) the remote location must be connected to the main meeting location by telephone, video or both; (2) the notice and agenda of the meeting must identify the remote location; (3) the remote location must be posted and accessible to the public; (4) all votes must be by roll call; and (5) the meeting must comply with the Brown Act, which includes allowing participation by members of the public present in remote locations. A quorum of the legislative body must participate from locations within the jurisdiction, but other members may participate from outside the jurisdiction. These teleconferencing rules only apply to members of the legislative body. Staff members, attorneys or consultants may participate remotely without following the posting and public access requirements of the teleconferencing rules. On March 17, 2020, Governor Newsom issued Executive Order ("EO") N-29-20, which temporarily relaxed these traditional teleconferencing requirements in response to the COVID-19 pandemic. That order expired on September 30, 2021, but recent amendments to the Brown Act, described below, now provide other alternatives to the standard teleconferencing rules under specific conditions. The Brown Act's standard teleconferencing rules described in the preceding paragraph remain available in lieu of the alternatives described below. 1) Assembly Bill 361 AB 361 built upon EO N-29-20 to provide a statutory basis in the Brown Act for relaxed teleconferencing requirements during the COVID-19 declared emergency. As described below, however, there must be a proclaimed state of emergency for an agency to rely on AB 361. Because The Governor has announced that the current COVID-19 state of emergency will end on February 28, 20231, agencies will be unable to rely on AB 361 after that date absent a new emergency declaration. By its terms, AB 361 will sunset on January 1, 2024. § 54953(f). Until then, AB 361 authorizes local agencies to continue meeting remotely during a state of emergency proclaimed by the Governor without following the Brown Act's standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, if either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. § 54953(e)(1)(A)-(C). "State of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act. AB 361 generally requires legislative bodies to make remote public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe 1 Governor Newsom to End the COVID-19 State of Emergency (Oct. 17, 2022), available at: https://www.gov.ca..qov/2022/ 10/ 17/governor-newsom-to-end-the-covid-19-state-of- emergency/ (as of Dec. 7. 2022). Ralph M. Brown Act Page 6 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act and to address the local legislative body, and to make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Brown Act. AB 361 provides the following procedures and requirements for conducting remote meetings as follows: Public Comment Opportunities in Real Time: A legislative body that meets remotely pursuant to AB 361 must allow members of the public to access the meeting via a call -in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address the body in real time. Although the agency may still ask for public comments to be submitted in advance, the agency cannot require public comments to be submitted in advance of the meeting. § 54953(e) (2) (E). Agencies may not close a public comment period until members of the public are given the opportunity to register and the time for that comment period has elapsed, whether it is for a specific agenda item or a general comment period. If an agency does not provide a timed public comment period, but takes public comment separately on each agenda item, it must allow a reasonable amount of time per agenda item to allow members of the public the opportunity to provide public comment, including time to register or "otherwise be recognized forthe purpose of providing public comment." § 54953(e)(2)(G)(ii). 2. No Action During Disruptions: In the event of a disruption that prevents the local agency from broadcasting the remote meeting, or in the event of a disruption within the local agency's control that prevents members of the public from offering public comments using the call -in option or internet-based service option, AB 361 prohibits the legislative body from taking any further action on items appearing on the meeting agenda until public access to the meeting via the call - in or internet-based options is restored. § 54953(e) (2) (D). 3. Periodic Findings: To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts the ability of the body's members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. § 54953(e)(3). These findings must be made not later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter. We recommend that after the agency makes these findings for the first time, it place on the agenda (as a placeholder) "reconsideration" of the findings every month thereafter. § 54953(e)(3). 2) Assembly Bill 2449 AB 2449 provides alternate authority, separate from both the traditional Brown Act teleconferencing requirements and the relaxed teleconferencing requirements during declared emergencies under AB 361. The provisions of AB 2449 are effective for a period of three years beginning January 1, 2023 and ending January 1, 2026. AB 2449 requires at least a quorum of the legislative body to participate in person from a singular, physical location clearly identified on the agenda, open to the public, and Ralph M. Brown Act Page 7 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act situated within the boundaries of the territory over which the agency exercises jurisdiction. § 54953(f)(1). AB 2449 allows other individual members to participate remotely without posting agendas at all teleconference locations, identifying all such locations in the agendas, or making each teleconference location open to the public in two specified circumstances: (1) "just cause" or (2) "emergency circumstances." "Just cause" means any of the following: (A) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely; (B) a contagious illness that prevents a member from attending in person; (C) a need related to a physical or mental disability not otherwise accommodated by the agency's procedures for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the Americans with Disabilities Act; or (D) travel while on official business of the legislative body or another state or local agency. § 54953(j) (2). To participate remotely for just cause, a member must notify the legislative body "at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause." This notification must include a general description of the circumstances relating to their need to appear remotely at the given meeting. "Emergency circumstances" means a physical or family medical emergency that prevents a member from attending a meeting in person. § 54953(j)(1). To participate remotely due to emergency circumstances, the member must request the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body must take action to approve the request. § 54953(f) (2) (A) (ii). If the legislative body does not approve the request, the member may not participate via teleconference under AB 2449 at that meeting other than as a member of the public. The legislative body must request a general description of the circumstances relating to the member's need to appear remotely at the given meeting. A general description need not exceed 20 words and does not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law. A legislative body member should request to participate remotely at a meeting due to emergency circumstances as soon as possible, and a separate request is required for each meeting in which they seek to participate remotely. § 54953(f) (2) (A) (i) (1). The legislative body may approve such a request by a majority vote. §§ 54953(f) (2) (A) (i) (II); 54954.2(b) (4). If the request is received at least 72 hours before a regular meeting, the legislative body's action on the request should be included on the agenda. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting, the legislative body may take action at the beginning of the meeting. § 54953(f) (2) (A) (i) (II). There are strict limits on how often AB 2449 may be used for individual members. For "just cause," legislative members are only allowed to participate remotely up to two meetings per calendar year. Otherwise, legislative members may not participate solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the legislative body within a calendar Ralph M. Brown Act Page 8 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. At the meeting before any action is taken, members of the legislative body participating remotely pursuant to AB 2449 must publicly disclose whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individuals. § 54953(f)(2)(B). Members must also participate through both audio and visual technology so that the public can remotely hear and visually observe them. § 54953(f)(2)(C). Local agencies relying on AB 2449 must follow certain requirements for noticing and conducting remote meetings similar to those required by AB 361. Meeting notices and agendas must identify the means by which members of the public may access the meeting and offer public comment. § 54953(f) (1) (B). Meeting agendas must identify and include an opportunity for all persons to attend and address the legislative body directly via a call -in option, via an internet-based service option, and at the in -person location of the meeting. § 54953(f) (1) (C). In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call -in option or internet-based service option, or in the event of a disruption within the agency's control that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative body may take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. § 54953(f) (1) (D). The legislative body may not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. § 54953(f)(1)(E). V. ADA COMPLIANCE Pursuant to Section 54953.2, all meetings of a legislative body, other than closed session meetings or parts of meetings involving a closed session, are required to be held in a location and conducted in a manner that complies with the Americans with Disabilities Act of 1990. However, local agencies must ensure that remote meetings are conducted in a manner that allows persons with a disability to participate to the fullest extent possible. Additionally, if requested, the agenda and documents in the agenda packet shall be made available in alternative formats to persons with a disability. § 54954.1. The agenda shall include information regarding how, to whom and when a request for disability - related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the meeting. § 54954.2. Ralph M. Brown Act Page 9 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act VI. SIMULTANEOUS OR SUCCESSIVE MEETINGS A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or successively, only if a clerk or a member of the convened legislative body announces the following prior to convening the simultaneous or successive meeting: 1) There is a subsequent legislative body; 2) The amount of compensation or stipend, if any, each member may receive as a result of the multiple meetings; and 3) The form of the compensation or stipend that will be provided. The amount of compensation and stipend is not required to be announced if it is listed in a statute without additional compensation authorized by the local agency, and in any case, the announced compensation must not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of his or her official duties. § 54952.3. VII. SERIAL MEETINGS In addition to regulating all gatherings of a majority of the members of a legislative body, the Brown Act also addresses certain contacts between individual members of the legislative body. On the one hand, the Brown Act specifically provides that nothing in the Act is intended to impose requirements on individual contacts or conversations between a member of a legislative body and any other person. § 54952.2(c)(1). This provision even applies to individual contacts between two members of the legislative body (the individual contact exception to the "meeting" described above). Despite this exception, however, the Brown Act prohibits "serial meetings." § 54952.2(b)(1). A serial meeting is a series of meetings or communications, either in person or by other means, between individual members of the legislative body in which ideas are exchanged among a majority of a legislative body regarding an item of business that is within the subject matter jurisdiction of the legislative body. A serial meeting can occur even though a majority of legislative body members never gather in a room at the same time. For example, an email response concerning an agency's business circulating among a majority of the members of the legislative body, such as "reply to all," could be considered a serial meeting. A serial meeting typically occurs in one of two ways. The first is when a staff member, a legislative body member or some other person individually contacts a majority of legislative body members and shares ideas among the majority (e.g., "I've talked to members A and B and they will vote `yes.' Will you?"). Alternatively, Ralph M. Brown Act Page 10 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act member A calls member B, who then calls member C and so on, until a majority of the legislative body has discussed or deliberated or has taken action on the item of business. The prohibition against serial meetings does not, however, prohibit communications between staff and legislative body members for the purpose of answering questions or providing information regarding a matter that is within the subject matter jurisdiction of the local agency, as long as the staff person does not communicate with other members of the legislative body, the comments or positions of any other member of the legislative body. § 54952.2(b)(2). Social media interactions between or among members of a legislative body can also raise serial meeting concerns. However, the prohibition against serial meetings does not prevent communication between members of a legislative body and members of the public on internet-based social media platforms to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that: (i) a majority of the members of the legislative body do not use the social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body, and (ii) members of the legislative body do not respond directly to any communication on a social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. § 54952.2(b) (3). Observing the following guidelines can avoid inadvertent violation of the serial meeting rule. A. Contacts with Staff Staff can inadvertently become a conduit among a majority of a legislative body in the course of providing briefings on items of local agency business. Originally, the California Court of Appeal held that staff briefings of individual city council members do not constitute an illegal serial meeting under the Brown Act unless there was additional evidence that: (1) staff acted as a personal intermediary for other members of the legislative body; and (2) the meetings led to a collective concurrence among members of the legislative body. Following that decision, the state legislature amended Government Code Section 54952.2 in 2008, effective in 2009, to further clarify that staff briefings of individual city council members for the purpose of answering questions or providing information regarding an item of business do not constitute an illegal serial meeting under the Brown Act as long as a staff person does not communicate the comments or positions of a member of the legislative body to other members. Staff briefings must therefore be handled carefully. To avoid having a staff briefing become a serial meeting: • Staff briefings of members of the legislative body should be "unidirectional" when done on an individual basis for a majority of the legislative body. This means that information should flow from staff to the member, and the member's participation should be limited to asking questions and acquiring information. Otherwise, if multiple members separately give staff direction Ralph M. Brown Act Page 1 1 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act thereby causing staff to shape or modify their ultimate recommendations in order to reconcile the views of a majority of the members, a violation might occur. • A legislative body member should not ask staff to describe the views of any other members of the legislative body, and staff should not volunteer those views if known. • Staff may present their views to a legislative body member during an individual contact, but staff should not ask for that member's views unless it is absolutely clear that staff is not discussing the matter with a majority of the legislative body. B. Contacts with Constituents, Developers and Lobbyists A constituent, developer or lobbyist can also inadvertently become an intermediary among a majority of members of a legislative body thereby creating an illegal serial meeting in violation of the Brown Act. Such person's unfamiliarity with the requirements of the Brown Act aggravate this potential problem because they may expect a legislative body member to be willing to commit to a position in a private conversation in advance of a meeting. To avoid violations arising from contacts with constituents, developers and lobbyists: • State the ground rules "up front." Ask if the person has talked, or intends to talk, with other members of the legislative body about the same subject. If the answer is "yes," then make it clear that the person should not disclose the views of other legislative body member(s) during the conversation. • Explain to the person that you will not make a final decision on a matter prior to the meeting. For example: "State law prevents me from giving you a commitment outside a noticed meeting. I will listen to what you have to say and give it consideration as I make up my mind." • Do more listening and asking questions than expressing opinions. If you disclose your thoughts about a matter, counsel the person not to share them with other members of the legislative body. • Be especially careful with discussions about matters involving "quasi- judicial" land use decisions such as subdivision maps, site development plans, conditional use permits or variances. Consult with your city attorney or legal counsel before the meeting in order to avoid any potential problems involving illegal prejudice against the project or illegally receiving evidence about the project outside of the administrative record. Ralph M. Brown Act Page 12 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act C. Contacts with Fellow Members of the Same Legislative Body Direct contacts concerning local agency business with fellow members of the same legislative body - whether through face-to-face or telephonic conversations, notes, letters, online exchanges, email with or to staff members - are the most obvious means by which an illegal serial meeting can occur. This is not to say that a member of a legislative body is precluded from discussing items of local agency business with another member of that legislative body outside of a meeting; as long as the communication does not involve a majority of the legislative body, no "meeting" has occurred. There is, however, always the risk that one participant in the communication will disclose the views of the other participant to a third or fourth legislative body member, creating the possibility of a discussion of an item of business outside a noticed public meeting. Therefore, avoid discussing city business with a majority of the members of your legislative body and communicating the views of other legislative body members outside a meeting. D. Contacts on Social Media Social media engagement can also inadvertently lead to concerns of creating an illegal serial meeting in violation of the Brown Act. The Brown Act was previously silent regarding social media and its use by members of a legislative body, leading to uncertainty as to whether certain uses of social media could result in unintended violations of the Brown Act. Assembly Bill 992, passed in 2020 and effective January 1, 2021, amended certain provisions of the Brown Act until January 1, 2026 to clarify allowable uses of social media under the Act. A member of a legislative body may engage in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body. However, a majority of the members of the legislative body cannot use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. Further, a member of the legislative body is prohibited from responding directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. § 54952.2(b) (3) (A). Unlike other serial meeting restrictions that are invoked when there are contacts of a majority of the legislative body, this provision is triggered when there is interaction between as little as two members of a body. For purposes of these provisions, such interaction includes commenting or using digital icons that express reactions to communications made by other members of the legislative body. § 54952.2(b) (3) (B) (i). Thus, it is now clear that "liking" a post or using a digital icon is considered a discussion under the Brown Act. Therefore, to avoid violations arising from social media engagement, members of a legislative body should avoid interacting on social media platforms with any other Ralph M. Brown Act Page 13 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act members of their legislative body regarding matters within the subject matter jurisdiction of the legislative body. These suggested rules of conduct may seem unduly restrictive and impractical, and may make acquiring important information more difficult or time-consuming. Nevertheless, following them will help assure that your conduct comports with the Brown Act's goal of achieving open government. If you have questions about compliance with the Act in any given situation, you should seek advice from your city attorney or legal counsel. Adherence to the foregoing guidelines is not a substitute for securing advice from your legal counsel. VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS A. Time of Notice and Content of Agenda Two key provisions of the Brown Act which ensure the public's business is conducted openly are the requirements that legislative bodies publicly post agendas prior to their meetings, (§§ 54954.2, 54955, 54956 and 54957.5) and that no action or discussion may occur on items or subjects not listed on the posted agenda (§ 54954.2). The limited exceptions to the rule against discussing or taking action not on a posted agenda are discussed further below. Legislative bodies, except advisory committees and standing committees, are required to establish a time and place for holding regular meetings. § 54954(a). A "regular" meeting is a meeting that occurs on the legislative body's established meeting day. Generally, agendas for a regular meeting must be publicly posted 72 hours in advance of the meeting in a place that is freely accessible to the public. Agendas must contain a brief general description of each item of business to be transacted or discussed at the meeting. § 54954.2(a). The description should inform the public of the "essential nature" of the matter, but need not exceed 20 words. San Diegans for Open Government v. City of Oceanside, 4 Cal. App. 5th 637 (2016). Courts will not uphold a challenge to the sufficiency of an agenda item description when the description provides fair notice of what the agency will consider. The San Diegans for Open Government case provides an example of a sufficient agenda description that provides fair notice. In San Diegans for Open Government, the Oceanside City Council approved a subsidy agreement with a hotel developer using the following agenda item description: Adoption of a resolution to approve: 1. An Agreement Regarding Real Property (Use Restrictions) between the City of Oceanside and SD Malkin Properties Inc. to guarantee development and use of the property as a full service resort consistent with the entitlements for the project; 2. An Agreement Regarding Real Property to provide a Ralph M. Brown Act Page 14 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act mechanism to share Transient Occupancy Tax (TOT) generated by the Project; 3. A Grant of Easement to permit construction of a subterranean parking garage under Mission Avenue; 4. A report required by AB 562 prepared by Paul Marra of Keyser Marston and Associates documenting the amount of subsidy provided to the developer, the proposed start and end date of the subsidy, the public purpose of the subsidy, the amount of the tax revenue and jobs generated by the project; and 5. A License Agreement to permit construction staging for the project on a portion of Lot 26. The court ruled that this agenda description complied with the requirements of Government Code Section 54954.2 because the agenda description expressly gave the public notice that the council would consider a fairly substantial development of publicly owned property as a hotel, that the City would share the transient occupancy tax generated by the project and that the transaction would involve a subsidy by the City. Additional information, while helpful, was not necessary to provide fair notice of the essential nature of the action under state law. The court found that the language of the agenda, considered as a whole, provided more than a "clue" that the City planned to provide the developer with a substantial and ongoing financial subsidy in exchange for the project. In contrast, in Hernandez v. Town of Apple Valley, 7 Cal. App. 5th 194 (2017), the court held that the Apple Valley Town Council's agenda description was insufficient. There, the Apple Valley Town Council adopted three resolutions that called for a special election related to an initiative to adopt a commercial specific plan and the filing of arguments and rebuttal arguments for and against the initiative. In addition, the Town Council adopted a Memorandum of Understanding ("MOU") that authorized the acceptance of a gift from an interested party, Wal-Mart, to pay for the special election. The agenda description for the matter read "Wal-Mart Initiative Measure" and included a recommendation for action that read "[p]rovide direction to staff." The court reiterated that the Brown Act requires that each item of business be placed on the agenda. Specifically, the court highlighted that nothing in the agenda description, or even in the agenda packet, indicated that the Town Council was going to consider an MOU to accept a gift from Wal-Mart to pay for a special election to pass the initiative. The court concluded that the City violated the Brown Act by omitting the MOU from the agenda description because the omission meant that the plaintiff was given no notice of the item of business. Furthermore, agendas should make clear whether items may be acted on or whether they are informational only. Thus, if an agenda for a meeting states that the legislative body will only "discuss" an item, the legislative body may not take an "action" on that item. Agendas must also be posted on the local agency's website, if one exists, for City Council meetings, and meetings of any other legislative body where some members are City Council members and are compensated for their appearance. While the language of the 72 hour posting requirement appears absolute, the California Attorney General Ralph M. Brown Act Page 15 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act opined that technical difficulties, such as a power failure, cyber-attack or other third - party interference that prevents a local agency from posting its agenda on its website for the full 72 hours will not necessarily preclude the legislative body from lawfully holding its meeting. 99 Ops. Cal. Atty. Gen. 11 (2016). Whether a public meeting may continue as scheduled requires a fact specific analysis that turns on whether the local agency has otherwise "substantially complied" with the Brown Act's agenda posting requirements by properly posting a physical agenda and making other "reasonably effective efforts" (such as making the agenda available on social media or some other alternative website) to notify the public of the meeting. Please note that the proposed adoption of a CEQA exemption or approval of a CEQA document, such as an environmental impact report or a negative declaration, by a Planning Commission or a City Council is a distinct item of business separate from the item approving the project and must be expressly described in an agenda. G.I. Industries v. City of Thousand Oaks (2022) 84 Cal.App.5th 814. A "special" meeting is a meeting that is held at a time or place other than the time and place established for regular meetings. For special meetings, the "call and notice" of the meeting and the agenda must be posted in a publicly accessible area, including in some cases on the local agency's website, at least 24 hours prior to the meeting. § 54956(a). Additionally, each member of the legislative body must personally receive written notice of the special meeting either by personal delivery or by "any other means" (such as facsimile, email or U.S. mail) at least 24 hours before the time of the special meeting, unless they have previously waived receipt of written notice. Members of the press (including radio and television stations) and other members of the public can also request written notice of special meetings and, if they have, then that notice must be given at the same time notice is provided to members of the legislative body. An "emergency" meeting may be called to address certain emergencies, such as a terrorist act or crippling disaster, without complying with the 24-hour notice requirement. Certain requirements apply for notifying the press and for conducting closed sessions as part of those meetings and except as specified, all other rules governing special meetings apply. § 54956.5. Both regular and special meetings may be adjourned to another time. Notices of adjourned meetings must be posted on the door of the meeting chambers where the meeting occurred within 24 hours after the meeting is adjourned. § 54955. If the adjourned meeting occurs more than five days after the prior meeting, a new agenda for that adjourned meeting must be posted 72 hours in advance of the adjourned meeting. § 54954.2(b)(3). The Brown Act requires local agencies to mail the agenda or the full agenda packet to any person making a written request no later than the time the agenda is posted or is delivered to the members of the body, whichever is earlier. Additionally, a local agency with an internet website must send a website link to or a copy of the agenda or the full agenda packet by email, if a person requests that the documents be sent by email. A local agency may charge a fee to recover its costs of copying and mailing. Any person may make a standing request to receive these materials, in which event the request must Ralph M. Brown Act Page 16 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act be renewed annually. Failure by any requestor to receive the agenda does not constitute grounds to invalidate any action taken at a meeting. § 54954.1. B. Action and Discussion on Non -agenda Items The Brown Act also ensures the public's business is conducted openly by restricting a legislative body's ability to deviate from posted agendas. The statute affords a legislative body limited authority to act on or discuss non -agenda items at regular meetings, but forbids doing so at special meetings. As a general rule, a legislative body may not act on or discuss any item that does not appear on the agenda posted for a regular meeting. § 54954.2(a) (3). This rule does not, however, preclude a legislative body from acting on a non -agenda item that comes to the local agency's attention subsequent to the agenda posting which requires immediate action. § 54954.2(b) (2). In order to utilize this exception, the legislative body must make findings of both components of the exception by a two-thirds vote of those present (by unanimous vote if less than two-thirds of the body is present). This means that if four members of a five -member body are present, three votes are required to add the item; if only three are present, a unanimous vote is required. In addition, an item not appearing on an agenda may be added if the legislative body determines by a majority vote that an emergency situation exists. § 54954.2(b) (1). For purposes of this exception, the term "emergency situation" refers to work stoppages or crippling disasters that severely impair public health, safety, or both. Assembly Bill 2449, discussed above, also allows a legislative body act at the beginning of a meeting on a request from a member to participate in a meeting remotely due to emergency circumstances pursuant to AB 2449 if the member's request to participate remotely does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. § 54953(f) (2) (A) (i) (II); § 54954.2(b)(4). The legislative body may approve such a request by a majority vote of the legislative body. § 54954.2(b)(4). In addition to the general exceptions discussed above, a legislative body may also discuss non -agenda items at a regular meeting under the following five additional exceptions: • Members of the legislative body or staff may briefly respond to statements made or questions posed by persons during public comment periods; • Members of the legislative body or staff may ask a question for clarification, make a brief announcement or make a brief report on their own activities; • Members of the legislative body may, subject to the procedural rules of the body, provide a reference to staff or other resources for factual information; • Members of the legislative body may, subject to the procedural rules of the body, request staff to report back to the legislative body at a subsequent meeting concerning any matter; and Ralph M. Brown Act Page 17 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act • Members of the legislative body may, subject to the procedural rules of the body, take action to direct staff to place a matter of business on a future agenda. Therefore, spending a few minutes to discuss whether a matter should be placed on a future agenda or asking staff procedural questions is permissible. Cruz v. City of Culver City, 2 Cal.App. 5th 239 (2016). The legislative body may not, however, discuss non - agenda items to any significant degree. This means there should not be long or wide- ranging question and answer sessions on non -agenda items between the legislative body and the public or between the legislative body and staff. It is important to follow these exceptions carefully and construe them narrowly to avoid tainting an important and complex action by a non-agendized discussion of the item. The Brown Act contains even more stringent regulations to restrict action on and discussion of non -agenda items at special meetings. In particular, the statute mandates that only business that is specified in the "call and notice" of the special meeting may be considered by the legislative body. § 54956. Notwithstanding, a special meeting may not be called to discuss compensation of a local agency executive. § 54956(b). C. Reporting of Actions The Brown Act mandates the public reporting of individual votes or abstentions by members of legislative bodies on any given motion or action. This requirement may be satisfied in most situations by reporting the individual vote or abstention of each member in the minutes of a meeting. § 54953(c). The Brown Act also requires that the legislative body orally report a summary of recommendations made with respect to the salary, salary schedule or compensation paid to a local agency executive. The legislative body must issue the report at the same meeting in which the final action on compensation is being considered. § 54953(c)(3). IX. PUBLIC PARTICIPATION A. Regular Meetings The Brown Act mandates that every agenda for a regular meeting provide an opportunity for members of the public to directly address the legislative body on any matter that is within the subject matter jurisdiction of the legislative body. § 54954.3(a). In addition, the Brown Act requires the legislative body to allow members of the public to comment on any item on the agenda either before or during the body's consideration of that item. § 54954.3(a). Also, although not required under the Brown Act, local agencies may consider reading written comments received into the public record by the city clerk, or his or her designee, subject to reasonable time and content limitations imposed in accordance with the requirements outlined below in Section C (titled Limitations on the Length and Content of Public Comments). Ralph M. Brown Act Page 18 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act Some local agencies accomplish both public comment requirements by placing a general audience comment period at the beginning of the agenda where the public can comment on both agenda and non -agenda items. Others provide public comment periods as each item or group of items comes up on the agenda, and then leave the general public comment period to the end of the agenda. Either method is permissible, though public comment on public hearing items must be taken during the hearing. The Brown Act allows a legislative body to preclude public comments on an agenda item in one limited situation sometimes referred to as the "committee exception" -where the item was considered by a committee, composed solely of members of the body, that held a meeting where public comments on that item were allowed. So, if the legislative body has standing committees (which are required to have agendized and open meetings with an opportunity for the public to comment on agenda items) and the committee has previously considered an item, then at the time the item comes before the full legislative body, the body may choose not to take additional public comments on that item. However, if the version presented to the full legislative body is different from the version presented to, and considered by, the committee, then the public must be given another opportunity to speak on that item at the meeting of the full body. § 54954.3(a). B. Public Comments at Special Meetings The Brown Act requires that agendas for special meetings provide an opportunity for members of the public to address the legislative body concerning any item listed on the agenda before or during the body's consideration of that item. § 54954.3(a). Unlike regular meetings, though, the legislative body does not have to allow public comment on non -agenda matters at a special meeting. Additionally, unlike regular meetings, the exception to the requirement for public comment opportunity for items already considered by a committee (i.e., the "committee exception") does not apply to special meetings. Preven v. City of Los Angeles, 32 Cal. App. 5th 925, 936 (2019). C. Limitations on the Length and Content of Public Comments A legislative body may adopt reasonable regulations limiting the total amount of time allocated to each person for public testimony. § 54954.3(b). Typical time limits restrict speakers to three or five minutes. If an individual utilizes a translator to give testimony and simultaneous translation equipment is not used, the legislative body must allot at least twice the standard amount of time to the speaker. § 54954.3(b)(2). A legislative body may also adopt reasonable regulations limiting the total amount of time allocated for public testimony on legislative matters, such as a zoning ordinance or other regulatory ordinance. However, setting total time limits per item for any quasi-judicial matter, such as a conditional use permit application, is not recommended because the time restriction could violate the due process rights of those who were not able to speak to the body during the time allotted. Ralph M. Brown Act Page 19 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act The Brown Act precludes a legislative body from prohibiting public criticism of the policies, procedures, programs or services of the local agency or the acts or omissions of the body. § 54954.3(c). This restriction does not mean that a member of the public may say anything during public testimony. If the topic of the public's comments falls outside the subject matter jurisdiction of the local agency, the legislative body may stop a speaker's comments if the comments are disruptive, as described below. A legislative body also may adopt reasonable rules of decorum that preclude a speaker from disrupting, disturbing or otherwise impeding the orderly conduct of its meetings. § 54954.3(b). The right to publicly criticize a public official does not include the right to slander that official, though the line between criticism and slander is often difficult to determine in the heat of the moment. Care must be given to avoid violating the free speech rights of speakers by suppressing opinions relevant to the business of the legislative body. Finally, in some circumstances, the use of profanity may serve as a basis for stopping a speaker. It will depend, however, upon what profane words or comments are made and the context of those comments. Therefore, no one should be ruled out of order for profanity unless the language both is truly objectionable and causes a disturbance or disruption in the proceeding. The presiding officer of a legislative body may remove an individual from a meeting for actual disruptive behavior if they first warn the individual that their behavior is disruptive and that failure to cease their disruptive behavior could result in removal from the meeting. § 54957.95(a). Behavior is disruptive only if it actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting. § 54957.95(b)(1). Disruptive behavior may include noncompliance with the legislative body's established rules of decorum, such as speaking out of turn or exceeding established time limits on how long an individual can speak on a particular topic during public comment. § 54957.95(b) (1) (A). If the individual disrupting the meeting is using force or a true threat of force — meaning serious enough that a reasonable observer would perceive the threat to be an actual threat to use force by the person making the threat — they may be removed without a prior warning to cease their behavior. § 54957.95. D. Additional Rights of the Public The Brown Act grants the public the right to videotape or broadcast a public meeting, as well as the right to make a motion picture or still camera record of such meeting. § 54953.5(a). A legislative body may prohibit or limit recording of a meeting, however, if the body finds that the recording cannot continue without noise, illumination or view obstruction that constitutes, or would constitute, a disruption of the proceedings. § 54953.6. Any audio or videotape record of an open and public meeting that is made, for whatever purpose, by or at the direction of the local agency is a public record and is subject to inspection by the public consistent with the requirements of the Public Records Act. § 54953.5(b). The local agency must not destroy the tape or film record for at least 30 days following the date of the taping or recording. Inspection of the audiotape or Ralph M. Brown Act Page 20 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act videotape must be made available to the public for free on equipment provided by the local agency. The Brown Act requires written material distributed to a majority of the body by any person to be provided to the public without delay. This rule is inapplicable, to attorney - client memoranda, the confidentiality of which was affirmed by the California Supreme Court in Roberts v. City of Palmdale, 5 Cal. 4th 363, 381 (1993). However, if non -privileged material is distributed during the meeting and prepared by the local agency, it must be available for public inspection at the meeting. If it is distributed during the meeting by a member of the public, it must be made available for public inspection after the meeting. § 54957.5(c). If material related to an agenda item is distributed to a majority of the body less than 72 hours prior to an open session of a regular meeting, the writing must be made available at the same time for public inspection at a public office or location that has been designated in advance for such purpose. Each local agency must list the address of the designated office or location on the agendas for all meetings of the legislative body of that agency. § 54957.5(b). Although this Brown Act provision technically requires an agency to list the designated office address on closed session meeting agendas, it does not require an agency to make such closed session documents and materials available for public inspection. A local agency may also post all documents made available for public inspection pursuant to Section 54957.5(b) on the agency's Internet Web site. However, a local agency may not post the writings to its website in lieu of designating a public office or location for inspection of physical copies of the documents. There is a limited exception for certain supplemental materials to the requirement described above regarding making a writing distributed to a majority of the legislative body less than 72 hours in advance of a meeting immediately available for public inspection at a physical location. § 54957.5(b) (2) (B). The exception only applies to materials that are supplementing an initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item that was made available for public inspection at the office or location designated at least 72 hours before the meeting. The exception allows the agency to make the materials available for public inspection the next business day commencing at least 24 hours in advance of the meeting during regular hours if the agency posts the materials on the agency's website immediately upon distributing them to the majority of the body, making it clear they relate to the item at the upcoming meeting, and the agenda posted for all meetings of the legislative body contains the agency's website address. We recommend that local agencies implement the following procedures to comply with Section 54957.5(b): • Place a binder at the agency's principal place of business next to the public counter agenda packet that identifies the contents as follows: "Disclosable public documents related to an open session agenda item on Ralph M. Brown Act Page 21 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act the Agenda Packet distributed by the [AGENCY] to a majority of the [LEGISLATIVE BODY] less than 72 hours prior to the meeting." • On the agenda template for all meetings, there should be a standard footer or statement that indicates the following: "Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the [AGENCY] to at least a majority of the [LEGISLATIVE BODY] less than 72 hours prior to that meeting are available for public inspection at the Counter at [AGENCY'S PLACE OF BUSINESS] located at [ADDRESS] and [optional] the Counter at the Library located at [LIBRARY ADDRESS] during normal business hours. [Optional] In addition, the Agency may also post such documents on the Agency's Website at [WEBSITE ADDRESS]." Agencies should make these documents available online to the greatest extent possible, when public buildings or facilities are temporarily closed to public access. • On the agency's website, create a subfolder under the agenda packet folder that identifies the contents of the subfolder as follows: "Disclosable public documents related to an open session agenda item on the Agenda Packet distributed by the [AGENCY] to a majority of the [LEGISLATIVE BODY] less than 72 hours prior to the meeting." • On all documents made available for public inspection pursuant to Section 54957.5(b), make a notation of the date when distributed to at least a majority of the legislative body and placed in the binder at agency's place of business, [optional] the Library, or [optional] on the agency's Website. • Charge customary photocopying charges for copies of such documents. One problem left unaddressed by Section 54957.5(b) is what to do when written materials are distributed directly to a majority of the legislative body without knowledge of staff, or even without the legislative body members knowing that a majority has received it. The law still requires these materials to be treated as public records. Thus, it is a good idea for at least one member of the legislative body to ensure that staff gets a copy of any document distributed to members of the legislative body so that copies can be made for the local agency's records and for members of the public who request a copy. X. CLOSED SESSIONS The Brown Act allows a legislative body to convene a "closed session" during a meeting in order to meet privately with its advisors on specifically enumerated topics. Sometimes people refer to closed sessions as "executive sessions," which is a holdover term from the statute's early days. Examples of business that may be conducted in closed session include personnel actions and evaluations, threats to public safety, labor negotiations, pending litigation, real estate negotiations and consideration of a response to an audit Ralph M. Brown Act Page 22 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act report. §§ 54956.8, 54956.9, 54957, 54957.6, 54956.75. Political sensitivity of an item is not a lawful reason for a closed session discussion. The Brown Act requires that closed session business be described on the public agenda. For a litigation threat against a city made outside an open and public meeting to be discussed in closed session it must be included in the agenda packet made available upon request before the meeting. Fowler v. City of Lafayette, 46 Cal. App. 5th 360, 370 (2020), as modified on denial of reh'g (Mar. 11, 2020), review denied (July 22, 2020). Moreover, there is a "safe harbor" for using prescribed language to describe closed session items on an agenda in that legal challenges to the adequacy of the description are precluded when such language is used. § 54954.5. This so-called "safe harbor" encourages many local agencies to use a very similar agenda format, especially in light of a California Court of Appeal ruling that a local agency substantially complied with the Brown Act's requirement to describe closed session agenda items even though the notice referred to the wrong subsection of Section 54956.9. Castaic Lake Water Agency v. Newhall County Water District, 238 Cal.App. 4th 1196, 1207 (2015). Audio recording of closed sessions is not required unless a court orders such recording after finding a closed session violation. § 54960. Closed sessions may be started in a location different from the usual meeting place as long as the location is noted on the agenda and the public can be present when the meeting first begins. Moreover, public comment on closed session items must be allowed before convening the closed session. After a closed session, the legislative body must reconvene the public meeting and publicly report certain types of actions if they were taken and the vote on those actions. § 54957.1. There are limited exceptions for specified litigation decisions and to protect the victims of sexual misconduct or child abuse. Contracts, settlement agreements or other documents that are finally approved or adopted in closed session must be provided at the time the closed session ends to any person who has made a standing request for all documentation in connection with a request for notice of meetings (typically members of the media) and to any person who makes a request within 24 hours of the posting of the agenda, if the requestor is present when the closed session ends. § 54957.1. One perennial area of confusion is whether a legislative body may discuss the salary and benefits of an individual employee (such as a city manager) as part of a performance evaluation session under Section 54957. It may not. However, the body may designate a negotiator or negotiators, such as two members of a five -member legislative body, to negotiate with that employee and then meet with the negotiator(s) in closed session under Section 54957.6 to provide directions on salary and compensation issues. The employee in question may not be present in such a closed session. The Brown Act prohibits attendees from disclosing confidential information obtained during a closed session, unless the legislative body authorizes the disclosure. Violations can be addressed through injunctions, disciplinary action, and referral to the grand jury. § 54963. Ralph M. Brown Act Page 23 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act XI. ENFORCEMENT There are both civil remedies and criminal misdemeanor penalties for Brown Act violations. The civil remedies include injunctions against further violations, orders nullifying any unlawful action, orders determining that an alleged act violated the Brown Act, orders determining the validity of any rule to penalize or discourage the expression of a member of the legislative body, and remedies for breaching closed session confidences. §§ 54960, 54960.1, 54960.2, 54963. The procedures for claiming there was a Brown Act violation vary depending upon what the complaining party is seeking. If the complaining party is seeking to invalidate an action based on a violation of the Brown Act, the procedures for doing so are set forth in Section 54960.1, as summarized below. If the complaining party is merely seeking a determination that a Brown Act violation occurred or desires the court to impose an order preventing further violations, the procedures for doing so are set forth in Section 54960.2, also as summarized below. Under Section 54960.1, prior to filing suit to obtain a judicial determination that an action is null and void because of an alleged Brown Act violation, the complaining party must make a written demand on the legislative body to cure or correct the alleged violation. § 54960.1 (b). The written demand must be made within 90 days after the challenged action was taken. However, if the challenged action was taken in open session and involves a violation of the agenda requirements of Section 54954.2, then the written demand must be made within 30 days. § 54960.1 (c) (1). The legislative body is required to cure or correct the challenged action and inform the party who filed the demand of its correcting actions or its decision not to cure or correct, within 30 days. § 54960.1 (c) (2). The complaining party must file suit within 15 days after receipt of the written notice from the legislative body or if there is no written response, within 15 days after the 30-day cure period expires. § 54960.1 (c). Under Section 54960.2, prior to filing suit to obtain a judicial determination that an alleged Brown Act violation occurred after January 1, 2013, the district attorney or interested person must submit a cease and desist letter to the legislative body clearly describing the legislative body's past action and the nature of the alleged violation within nine months of the alleged violation. § 54960.2(a). Second, the legislative body may respond within 30 days, including responding with an unconditional commitment to cease and desist from, and not repeat the past action that is alleged to violate the Brown Act. § 54960.2(b). If the legislative agency responds with an unconditional commitment, that commitment must be approved by the legislative body in open session at a regular or special meeting as a separate item of business not on the consent calendar and must be in substantially the form set forth in Section 54960.2(c)(1). Also, a legislative body may resolve to rescind an unconditional commitment with proper notice to the public and to each person to whom the unconditional commitment was made. § 54960.2(e). Upon rescission, the district attorney or any interested person may file an action pursuant to Section 54960(a). Finally, Section 54960.2 provides further deadlines and requirements that must be met when filing an action in connection with an unconditional commitment. § 54960.2. Note that even where a plaintiff can satisfy the threshold procedural requirements, a Brown Act violation will not automatically invalidate the action taken by the legislative body absent a Ralph M. Brown Act Page 24 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act showing that the violation caused prejudice. Mortis Camp Cmty. Assn v. Cty. of Placer, 53 Cal. App. 5th 569, 592 (2020). A member of a legislative body will not be criminally liable for a violation of the Brown Act unless the member intends to deprive the public of information which the member knows or has reason to know the public is entitled to under the Brown Act. § 54959. This standard became effective in 1994 and is a different standard from most criminal standards. Until it is applied and interpreted by a court, it is not clear what type of evidence will be necessary to prosecute a Brown Act violation. XII. CONCLUSION The Brown Act's many rules and ambiguities can be confusing, and compliance with it can be difficult. In the event that you have any questions regarding any provision of the law, you should contact your legal counsel for advice. Ralph M. Brown Act Page 25 © 2023 Richards, Watson & Gershon 2764673 PART TWO: THE RALPH M. BROWN ACT Updated including changes effective January 1, 2023 Ralph M. Brown Act Page 26 © 2023 Richards, Watson & Gershon 2764673 Text of the Ralph M. Brown Act The Ralph M. Brown Act Government Code §§ 54950-54963 Section 54950. Declaration of public policy In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. Section 54950.5. Title of act This chapter shall be known as the Ralph M. Brown Act. Section 54951. "Local agency" As used in this chapter, "local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof or other local public agency. Section 54952. "Legislative body" As used in this chapter, "legislative body" means: (a) The governing body of a local agency or any other local body created by state or federal statute. (b) A commission, committee, board or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution or formal action of a legislative body are legislative bodies for purposes of this chapter. (c) (1) A board, commission, committee or other multimember body that governs a private corporation, limited liability company or other entity that either: Ralph M. Brown Act Page 27 2764673 Text of the Ralph M. Brown Act (A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company or other entity. (B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full -voting member by the legislative body of the local agency. (2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee or other multimember body that governs a private corporation, limited liability company or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full -voting member to a nonvoting member. (d) The lessee of any hospital, the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. Section 54952.1. Conduct and treatment of electee Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office. Section 54952.2. Specified communications of legislative body of local agency prohibited outside meeting thereof (a) As used in this chapter, "meeting" means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate or take action on any item that is within the subject matter jurisdiction of the legislative body. (b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members Ralph M. Brown Act Page 28 2764673 Text of the Ralph M. Brown Act of the legislative body the comments or position of any other member or members of the legislative body. (3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. (B) For purposes of this paragraph, all of the following definitions shall apply: (i) "Discuss among themselves" means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) "Internet -based social media platform" means an online service that is open and accessible to the public. (iii) "Open and accessible to the public" means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval of the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following: (1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. Ralph M. Brown Act Page 29 2764673 Text of the Ralph M. Brown Act (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. (d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. Section 54952.3. Simultaneous or serial order meetings authorized; Requirements; Compensation or stipend (a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or in serial order, only if a clerk or a member of the convened legislative body verbally announces, prior to convening any simultaneous or serial order meeting of that subsequent legislative body, the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the simultaneous or serial meeting of the subsequent legislative body and identifies that the compensation or stipend shall be provided as a result of convening a meeting for which each member is entitled to collect compensation or a stipend. However, the clerk or member of the legislative body shall not be required to announce the amount of compensation if the amount of compensation is prescribed in statute and no additional compensation has been authorized by a local agency. (b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of the member's official duties, including, but not limited to, reimbursement of expenses relating to travel, meals, and lodging. Ralph M. Brown Act Page 30 2764673 Text of the Ralph M. Brown Act Section 54952.6. "Action taken" As used in this chapter, "action taken" means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. Section 54952.7. Copy of chapter A legislative body of a local agency may require that a copy of this chapter be given to each member of the legislative body and any person elected to serve as a member of the legislative body who has not assumed the duties of office. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. Section 54953. Requirement that meetings be open and public; Teleconferencing; Teleconference meetings by health authority (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following: (A) All votes taken during a teleconferenced meeting shall be by roll call. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. (C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. Ralph M. Brown Act Page 31 2764673 Text of the Ralph M. Brown Act (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 351 1.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38 and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. Ralph M. Brown Act Page 32 2764673 Text of the Ralph M. Brown Act (e) (1) The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. (B) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call -in option or internet- based service option, or in the event of a disruption within the local agency's control that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (C) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (D) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. Ralph M. Brown Act Page 33 2764673 Text of the Ralph M. Brown Act (E) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (f) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following: (A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body: Ralph M. Brown Act Page 34 2764673 Text of the Ralph M. Brown Act (i) A two-way audiovisual platform. (ii) A two-way telephonic service and a live webcasting of the meeting. (B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. (C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call - in option, via an internet-based service option, and at the in -person location of the meeting. (D) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call -in option or internet- based service option, or in the event of a disruption within the local agency's control that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met: (A) One of the following circumstances applies: (i) The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. Ralph M. Brown Act Page 35 2764673 Text of the Ralph M. Brown Act (ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply: (1) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely. (11) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2. (B) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individuals. (C) The member shall participate through both audio and visual technology. (3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. (g) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (h) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. Ralph M. Brown Act Page 36 2764673 Text of the Ralph M. Brown Act (i) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means. (j) For the purposes of this section, the following definitions shall apply: (1) "Emergency circumstances" means a physical or family medical emergency that prevents a member from attending in person. (2) "Just cause" means any of the following: (A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. "Child," "parent," "grandparent," "grandchild," and "sibling" have the same meaning as those terms do in Section 12945.2. (B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g). (D) Travel while on official business of the legislative body or another state or local agency. (3) "Remote location" means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (4) "Remote participation" means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (5) "State of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (6) "Teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Ralph M. Brown Act Page 37 2764673 Text of the Ralph M. Brown Act (7) "Two-way audiovisual platform" means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (8) "Two-way telephonic service" means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (9) "Webcasting" means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. (k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. Section 54953.1. Grand jury testimony The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body. Section 54953.2. Meetings to conform to Americans with Disabilities Act All meetings of a legislative body of a local agency that are open and public shall meet the protections and prohibitions contained in Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Section 54953.3. Registration of attendance A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire or otherwise to fulfill any condition precedent to his or her attendance. If an attendance list, register, questionnaire or other similar document is posted at or near the entrance to the room where the meeting is to be held or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering or completion of the document is voluntary and that all persons may attend the meeting regardless of whether a person signs, registers or completes the document. Section 54953.5. Recording proceedings (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, Ralph M. Brown Act Page 38 2764673 Text of the Ralph M. Brown Act illumination or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. (b) Any audio or video recording of an open and public meeting made for whatever purpose by, or at the direction of the local agency, shall be subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. Section 54953.6. Restrictions on broadcasts of proceedings No legislative body of a local agency shall prohibit or otherwise restrict the broadcast of its open and public meetings in the absence of a reasonable finding that the broadcast cannot be accomplished without noise, illumination or obstruction of view that would constitute a persistent disruption of the proceedings. Section 54953.7. Access to meetings beyond minimal standards Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. Section 54954. Rules for conduct of business; Time and place of meetings (a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide by ordinance, resolution, bylaws or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body. (b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exercises jurisdiction, except to do any of the following: (1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party. (2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the topic of the meeting is limited to items directly related to the real or personal property. Ralph M. Brown Act Page 39 2764673 Text of the Ralph M. Brown Act (3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency's jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter. (4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. (6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. (7) Visit the office of the local agency's legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs. (c) Meetings of the governing board of a school district shall be held within the district, except under the circumstances enumerated in subdivision (b) or to do any of the following: (1) Attend a conference on non -adversarial collective bargaining techniques. (2) Interview members of the public residing in another district with reference to the trustees' potential employment of an applicant for the position of the superintendent of the district. (3) Interview a potential employee from another district. (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961. (e) If, by reason of fire, flood, earthquake or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time. Ralph M. Brown Act Page 40 2764673 Text of the Ralph M. Brown Act Section 54954.1. Request for notice; Renewal; Fee Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. If a local agency has an internet website, the legislative body or its designee shall email a copy of, or website link to, the agenda or a copy of all the documents constituting the agenda packet if the person requests that the item or items be delivered by email. If the local agency determines it is technologically infeasible to send a copy of all documents constituting the agenda packet or a link to a website that contains the documents by email or by other electronic means, the legislative body or its designee shall send by mail a copy of the agenda or a website link to the agenda and mail a copy of all other documents constituting the agenda packet in accordance with the mailing requirements established pursuant to this section. If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first. Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in which it is filed, and must be renewed following January 1 of each year. The legislative body may establish a fee for mailing the agenda or agenda packet, which fee shall not exceed the cost of providing the service. Failure of the requesting person to receive the agenda or agenda packet pursuant to this section shall not constitute grounds for invalidation of the actions of the legislative body taken at the meeting for which the agenda or agenda packet was not received. Section 54954.2. Posting of agenda; Actions not on agenda (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency's Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom and when a request for disability -related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. Ralph M. Brown Act Page 41 2764673 Text of the Ralph M. Brown Act (2) For a meeting occurring on and after January 1, 2019 of a legislative body of a city, county, city and county, special district, school district or political subdivision established by the state that has an Internet Web site, the following provisions shall apply: (A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. (B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform shall be posted in an open format that meets all of the following requirements: (i) Retrievable, downloadable, indexable and electronically searchable by commonly used Internet search applications. (ii) Platform independent and machine readable. (iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. (C) A legislative body of a city, county, city and county, special district, school district or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met: (i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district or political subdivision established by the state. (ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform. Ralph M. Brown Act Page 42 2764673 Text of the Ralph M. Brown Act (iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii) and (iii) of subparagraph (B)• (D) For the purposes of this paragraph, both of the following definitions shall apply: (i) "Integrated agenda management platform" means an Internet Web site of a city, county, city and county, special district, school district or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district or political subdivision established by the state to the public. (ii) "Legislative body" has the same meaning as that term is used in subdivision (a) of Section 54952. (E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district or political subdivision established by the state. (3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists as defined in Section 54956.5. (2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). Ralph M. Brown Act Page 43 2764673 Text of the Ralph M. Brown Act (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (4) To consider action on a request from a member to participate in a meeting remotely due to emergency circumstances, pursuant to Section 54953, if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. The legislative body may approve such a request by a majority vote of the legislative body. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. (d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. (e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. Section 54954.3. Public testimony at regular meetings (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. (b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, Ralph M. Brown Act Page 44 2764673 Text of the Ralph M. Brown Act regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. (2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency. (3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously. (c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs or services of the agency or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. Section 54954.4. Legislative findings and declarations relating to reimbursements; Legislative intent; Review of claims (a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986 authorizing reimbursement to local agencies and school districts for costs mandated by the state pursuant to that act, shall be interpreted strictly. The intent of the Legislature is to provide reimbursement for only those costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986. (b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing claims for reimbursement or otherwise participating in the reimbursement process, to rigorously review each claim and authorize only those claims, or parts thereof, which represent costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which complete documentation exists. For purposes of Section 54954.2, costs eligible for reimbursement shall only include the actual cost to post a single agenda for any one meeting. (c) The Legislature hereby finds and declares that complete, faithful and uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of overriding public importance. Unless specifically stated, no future Budget Act or related budget enactments, shall, in any manner, be interpreted to suspend, eliminate or otherwise modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete, faithful and uninterrupted manner. Ralph M. Brown Act Page 45 2764673 Text of the Ralph M. Brown Act Section 54954.5. Description of closed session items For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. (a) With respect to a closed session held pursuant to Section 54956.7: LICENSE/PERMIT DETERMINATION Applicant(s): (Specify number of applicants) (b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (Specify street address, or if no street address, the parcel number or other unique reference of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment or both) (c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: (Specify by reference to claimant's name, names of parties, case or claim numbers) or Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Ralph M. Brown Act Page 46 2764673 Text of the Ralph M. Brown Act Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to paragraphs (2) to (5), inclusive of subdivision (e) of Section 54956.9.) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95: LIABILITY CLAIMS Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name) (e) With respect to every item of business to be discussed in closed session pursuant to Section 54957: THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title) PUBLIC EMPLOYEE APPOINTMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: (Specify position title of employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: Ralph M. Brown Act Page 47 2764673 Text of the Ralph M. Brown Act CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: (Specify names of designated representatives attending the closed session). (If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session) Employee organization: (Specify name of organization representing employee or employees in question) or Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) (g) With respect to closed sessions called pursuant to Section 54957.8: CASE REVIEW/PLANNING (No additional information is required in connection with a closed session to consider case review or planning) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106 and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET Discussion will concern: (Specify whether discussion will concern proposed new service, program or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee) (i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86: CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with a closed session to discuss a charge or complaint pursuant to Section 54956.86) Ralph M. Brown Act Page 48 2764673 Text of the Ralph M. Brown Act (j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96: CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name) Discussion will concern: (Specify closed session description used by the joint powers agency) Name of local agency representative on joint powers agency board: (Specify name) (Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives) (k) With respect to every item of business to be discussed in closed session pursuant to Section 54956.75: AUDIT BY CALIFORNIA STATE AUDITOR'S OFFICE Section 54954.6. Public meeting on general tax or assessment; Notice (a) (1) Before adopting any new or increased general tax or any new or increased assessment, the legislative body of a local agency shall conduct at least one public meeting at which local officials shall allow public testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment. For purposes of this section, the term "new or increased assessment" does not include any of the following: (A) A fee that does not exceed the reasonable cost of providing the services, facilities or regulatory activity for which the fee is charged. (B) A service charge, rate or charge, unless a special district's principal act requires the service charge, rate or charge to conform to the requirements of this section. (C) An ongoing annual assessment if it is imposed at the same or lower amount as any previous year. (D) An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was previously adopted by the agency or approved by the voters in the area where the assessment is imposed. (E) Standby or immediate availability charges. Ralph M. Brown Act Page 49 2764673 Text of the Ralph M. Brown Act (2) The legislative body shall provide at least 45 days' public notice of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the same time and in the same document as the notice for the public hearing, but the meeting shall occur prior to the hearing. (b) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least one -eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first- class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting after the meeting has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days after the first publication of the joint notice pursuant to this subdivision. Any written request for mailed notices shall be effective for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (2) The notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) The amount or rate of the tax. If the tax is proposed to be increased from any previous year, the joint notice shall separately state both the existing tax rate and the proposed tax rate increase. (B) The activity to be taxed. (C) The estimated amount of revenue to be raised by the tax annually. (D) The method and frequency for collecting the tax. (E) The dates, times and locations of the public meeting and hearing described in subdivision (a). (F) The telephone number and address of an individual, office or organization that interested persons may contact to receive additional information about the tax. (c) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased assessment on real property or businesses shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public meeting Ralph M. Brown Act Page 50 2764673 Text of the Ralph M. Brown Act pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 10-point type and shall be given to all property owners or business owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized county assessment roll, the State Board of Equalization assessment roll or the local agency's records pertaining to business ownership, as the case may be. (2) The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) In the case of an assessment proposed to be levied on property, the estimated amount of the assessment per parcel. In the case of an assessment proposed to be levied on businesses, the proposed method and basis of levying the assessment in sufficient detail to allow each business owner to calculate the amount of assessment to be levied against each business. If the assessment is proposed to be increased from any previous year, the joint notice shall separately state both the amount of the existing assessment and the proposed assessment increase. (B) A general description of the purpose or improvements that the assessment will fund. (C) The address to which property owners may mail a protest against the assessment. (D) The telephone number and address of an individual, office or organization that interested persons may contact to receive additional information about the assessment. (E) A statement that a majority protest will cause the assessment to be abandoned if the assessment act used to levy the assessment so provides. Notice shall also state the percentage of protests required to trigger an election, if applicable. (F) The dates, times and locations of the public meeting and hearing described in subdivision (a). (G) A proposed assessment formula or range as described in subparagraph (D) of paragraph (1) of subdivision (a) if applicable and that is noticed pursuant to this section. (3) Notwithstanding paragraph (1), in the case of an assessment that is proposed exclusively for operation and maintenance expenses imposed throughout the entire local agency or exclusively for operation and maintenance assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant to this subdivision or pursuant to paragraph (1) of subdivision (b) and shall include the estimated amount of the assessment of various types, amounts or uses of property and the Ralph M. Brown Act Page 51 2764673 Text of the Ralph M. Brown Act information required by subparagraphs (B) to (G), inclusive, of paragraph (2) of subdivision (c). (4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, regional park and open -space district or regional open -space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of the Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b). (d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong the governmental decision making process. (e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an election of either of the following: (1) The property owners subject to the assessment. (2) The voters within the local agency imposing the tax or assessment. (f) Nothing in this section shall prohibit a local agency from holding a consolidated meeting or hearing at which the legislative body discusses multiple tax or assessment proposals. (g) The local agency may recover the reasonable costs of public meetings, public hearings and notice required by this section from the proceeds of the tax or assessment. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the public meetings, public hearings and notice. (h) Any new or increased assessment that is subject to the notice and hearing provisions of Article XIII C or XIII D of the California Constitution is not subject to the notice and hearing requirements of this section. Section 54955. Adjournment of meetings The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting, the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he or she shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned Ralph M. Brown Act Page 52 2764673 Text of the Ralph M. Brown Act regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw or other rule. Section 54955.1. Continuance of hearing Any hearing being held, or noticed or ordered to be held by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or re - continued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. Section 54956. Special meetings; call; notice; meetings regarding local agency executive salaries, salary schedules or compensation in form of fringe benefits; posting on Internet Web site (a) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency's Internet Web site, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. (b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agency's budget. Ralph M. Brown Act Page 53 2764673 Text of the Ralph M. Brown Act (c) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: (1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. Section 54956.5. Emergency meetings; Notice (a) For purposes of this section, "emergency situation" means both of the following: (1) An emergency, which shall be defined as a work stoppage, crippling activity or other activity that severely impairs public health, safety or both, as determined by a majority of the members of the legislative body. (2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one -hour notice before holding an emergency meeting under this section may endanger the public health, safety or both, as determined by a majority of the members of the legislative body. (b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956, or both, of the notice and posting requirements. (2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. This notice shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived and the legislative body or designee of the legislative body, shall notify those newspapers, radio stations or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting and any action taken at the meeting as soon after the meeting as possible. (c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present. Ralph M. Brown Act Page 54 2764673 Text of the Ralph M. Brown Act (d) All special meeting requirements as prescribed in Section 54956, shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. (e) The minutes of a meeting called pursuant to this section, a list of person(s) who is the presiding officer of the legislative body or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. Section 54956.6. Fees No fees may be charged by the legislative body of a local agency for carrying out any provision of this chapter, except as specifically authorized by this chapter. Section 54956.7. Closed sessions regarding application from person with criminal record Whenever a legislative body of a local agency determines that it is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record is sufficiently rehabilitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and making the determination. If the legislative body determines, as a result of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential. If the applicant does not withdraw the application, the legislative body shall take action at the public meeting during which the closed session is held or at its next public meeting denying the application for the license, but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license. Section 54956.75. Closed session for response to final draft audit report (a) Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency that has received a confidential final draft audit report from the Bureau of State Audits from holding closed sessions to discuss its response to that report. (b) After the public release of an audit report by the Bureau of State Audits, if a legislative body of a local agency meets to discuss the audit report, it shall do so in an open session unless exempted from that requirement by some other provision of law. Section 54956.8. Closed sessions regarding real property negotiations Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange or Ralph M. Brown Act Page 55 2764673 Text of the Ralph M. Brown Act lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange or lease. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern and the person or persons with whom its negotiators may negotiate. For purposes of this section, negotiators may be members of the legislative body of the local agency. For purposes of this section, "lease" includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9. Section 54956.81. Closed sessions regarding purchase or sale of pension fund investments Notwithstanding any other provision of this chapter, a legislative body of a local agency that invests pension funds may hold a closed session to consider the purchase or sale of particular specific pension fund investments. All investment transaction decisions made during the closed session shall be made by rollcall vote entered into the minutes of the closed session as provided in subdivision (a) of Section 54957.2. Section 54956.86. Closed session for health plan member Notwithstanding any other provision of this chapter, a legislative body of a local agency which provides services pursuant to Section 14087.3 of the Welfare and Institutions Code may hold a closed session to hear a charge or complaint from a member enrolled in its health plan if the member does not wish to have his or her name, medical status or other information that is protected by federal law publicly disclosed. Prior to holding a closed session pursuant to this section, the legislative body shall inform the member, in writing, of his or her right to have the charge or complaint heard in an open session rather than a closed session. Section 54956.87. Disclosure of records and information; Meetings in closed session (a) Notwithstanding any other provision of this chapter, the records of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system or records in any other form, that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulas or calculations for these payments and contract negotiations with providers of health care for alternative rates are exempt from disclosure for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form to the board Ralph M. Brown Act Page 56 2764673 Text of the Ralph M. Brown Act of supervisors shall not constitute a waiver of exemption from disclosure and the records and information once transmitted to the board of supervisors shall be subject to this same exemption. (b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (f), shall be held in closed session. The requirements of making a public report of action taken in closed session and the vote or abstention of every member present, may be limited to a brief general description without the information constituting the trade secret. (c) Notwithstanding any other provision of law, the governing board of a health plan may meet in closed session to consider and take action on matters pertaining to contracts and contract negotiations by the health plan with providers of health care services concerning all matters related to rates of payment. The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request. (d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law. (e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Managed Health Care in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and Safety Code. (f) For purposes of this section, "health plan trade secret" means a trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that also meets both of the following criteria: (1) The secrecy of the information is necessary for the health plan to initiate a new service, program, marketing strategy, business plan or technology, or to add a benefit or product. (2) Premature disclosure of the trade secret would create a substantial probability of depriving the health plan of a substantial economic benefit or opportunity. Section 54956.9. Closed sessions concerning pending litigation; Lawyer -client privilege (a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer Ralph M. Brown Act Page 57 2764673 Text of the Ralph M. Brown Act with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation. (b) For purposes of this chapter, all expressions of the lawyer -client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer -client privilege for purposes of conducting closed -session meetings pursuant to this chapter. (c) For purposes of this section, "litigation" includes any adjudicatory proceeding, including eminent domain, before a court or administrative body exercising its adjudicatory authority, hearing officer or arbitrator. (d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist: Litigation, to which the local agency is a party, has been initiated formally. (2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. (3) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (2). (4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. (e) For purposes of paragraphs (2) and (3) of subdivision (d), "existing facts and circumstances" shall consist only of one of the following: (1) Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. (2) Facts and circumstances, including, but not limited to, an accident, disaster, incident or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. (3) The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (4) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. Ralph M. Brown Act Page 58 2764673 Text of the Ralph M. Brown Act (5) A statement threatening litigation made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body, so long as the official or employee of the local agency receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which record shall be available for public inspection pursuant to Section 54957.5. The records so created need not identify the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based, unless the identity of the person has been publicly disclosed. (f) Nothing in this section shall require disclosure of written communications that are privileged and not subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (g) Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on the agenda or publicly announce the paragraph of subdivision (d) that authorizes the closed session. If the session is closed pursuant to paragraph (1) of subdivision (d), the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency's ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (h) A local agency shall be considered to be a "party" or to have a "significant exposure to litigation" if an officer or employee of the local agency is a party or has significant exposure to litigation concerning prior or prospective activities or alleged activities during the course and scope of that office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment. Section 54956.95. Closed sessions regarding liability (a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 for purposes of insurance pooling, or a local agency member of the joint powers agency from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses or workers' compensation liability incurred by the joint powers agency or a local agency member of the joint powers agency. (b) Nothing in this chapter shall be construed to prevent the Local Agency Self - Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01) of Division 7 of Title 1, or a local agency member of the authority, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses or workers' compensation liability incurred by the authority or a local agency member of the authority. (c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other local agency. Ralph M. Brown Act Page 59 2764673 Text of the Ralph M. Brown Act Section 54956.96. Disclosure of specified information in closed session of joint powers agency, Clean Power Alliance of Southern California; Authorization of designated alternate to attend closed session; Closed session of legislative body of local agency member (a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a bylaw, or including in its joint powers agreement provisions that authorize either or both of the following: (1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a local agency member may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals: (A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (B) Other members of the legislative body of the local agency present in a closed session of that local agency member. (2) Any designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member's regularly appointed member to attend closed sessions of the joint powers agency. (b) (1) In addition to the authority described in subdivision (a), the Clean Power Alliance of Southern California or its successor entity, may adopt a policy or a bylaw or include in its joint powers agreement a provision that authorizes both of the following: (A) A designated alternate member of the legislative body of the Clean Power Alliance of Southern California or its successor entity, who is not a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the Clean Power Alliance of Southern California or its successor entity, in lieu of a local agency member's regularly appointed member to attend closed sessions of the Clean Power Alliance of Southern California or its successor entity. (B) All information that is received by a designated alternate member of the legislative body of the Clean Power Alliance of Southern California or its successor entity, who is not a member of the legislative body of a local agency member and that is presented to the Clean Power Alliance of Southern California or its successor entity, in closed session, shall be confidential. However, the designated alternate member may disclose information obtained in a closed session that has direct financial or liability Ralph M. Brown Act Page 60 2764673 Text of the Ralph M. Brown Act implications for the local agency member for which the designated alternate member attended the closed session, to the following individuals: (i) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (ii) Members of the legislative body of the local agency present in a closed session of that local agency member. (2) If the Clean Power Alliance of Southern California or its successor entity, adopts a policy or bylaw or includes in its joint powers agreement a provision authorized pursuant to paragraph (1), the Clean Power Alliance of Southern California or its successor entity, shall establish policies to prevent conflicts of interest and to address breaches of confidentiality that apply to a designated alternate member who is not a member of the legislative body of a local agency member who attends a closed session of the Clean Power Alliance of Southern California or its successor entity. (c) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a) or (b), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b). (d) This section shall remain in effect only until January 1, 2025 and as of that date is repealed. Section 54956.97. Public bank; governing board or committee of governing board; closed session Notwithstanding any provision of law, the governing board or a committee of the governing board of a public bank, as defined in Section 57600 of the Government Code, may meet in closed session to consider and take action on matters pertaining to all of the following: (a) A loan or investment decision. (b) A decision of the internal audit committee, the compliance committee or the governance committee. (c) A meeting with a state or federal regulator. Ralph M. Brown Act Page 61 2764673 Text of the Ralph M. Brown Act Section 54956.98. Public bank; policy or bylaw; information from a closed session considered confidential (a) For purposes of this section, the following definitions shall apply: (1) "Shareholder, member, or owner local agency" or "shareholder, member, or owner" means a local agency that is a shareholder of a public bank. (2) "Public bank" has the same meaning as defined in Section 57600. (b) The governing board of a public bank may adopt a policy or a bylaw or include in its governing documents provisions that authorize any of the following: (1) All information received by a shareholder, member or owner of the public bank in a closed session related to the information presented to the governing board of a public bank in closed session shall be confidential. However, a member of the governing board of a shareholder, member or owner local agency may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals: (A) Legal counsel of that shareholder, member or owner local agency for purposes of obtaining advice on whether the matter has direct financial or liability implications for that shareholder local agency. (B) Other members of the governing board of the local agency present in a closed session of that shareholder, member or owner local agency. (2) A designated alternate member of the governing board of the public bank who is also a member of the governing board of a shareholder, member or owner of the local agency and who is attending a properly noticed meeting of the public bank governing board in lieu of a shareholder, member or owner of the local agency's regularly appointed member may attend a closed session of the public bank governing board. (c) If the governing board of a public bank adopts a policy or a bylaw or includes provisions in its governing documents pursuant to subdivision (b), then the governing board of the shareholder, member or owner of the local agency, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss and take action concerning information obtained in a closed session of the public bank governing board pursuant to paragraph (1) of subdivision (b). Section 54957. Closed session regarding public security, facilities, employees, examination of witness (a) This chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff or chief of police, or their respective deputies or a security consultant or a security operations manager, on matters posing a threat to the Ralph M. Brown Act Page 62 2764673 Text of the Ralph M. Brown Act security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service and electric service, or a threat to the public's right of access to public services or public facilities. (b) (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session. (2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void. (3) The legislative body also may exclude from the public or closed meeting during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. (4) For the purposes of this subdivision, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee but shall not include any elected official, member of a legislative body or other independent contractors. This subdivision shall not limit local officials' ability to hold closed session meetings pursuant to Sections 1461, 32106 and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. Section 54957.1. Public report of action taken in closed session; Form; Availability; Actions for injury to interests (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows: (1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as follows: (A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held. Ralph M. Brown Act Page 63 2764673 Text of the Ralph M. Brown Act (B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person as soon as the other party or its agent has informed the local agency of its approval. (2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as follows: (A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held. (B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final and upon inquiry by any person, the local agency shall disclose the fact of that approval and identify the substance of the agreement. (4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim and any monetary amount approved for payment and agreed upon by the claimant. (5) Action taken to appoint, employ, dismiss, accept the resignation of or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any. (6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and Ralph M. Brown Act Page 64 2764673 Text of the Ralph M. Brown Act has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation. (7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction. (b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information. (c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete. (d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval. (e) No action for injury to a reputational, liberty or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section. (f) This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. Section 54957.2. Minute book for closed sessions (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be kept confidential. The minute book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. Such minute book may, but need not, consist of a recording of the closed session. Ralph M. Brown Act Page 65 2764673 Text of the Ralph M. Brown Act (b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a). Section 54957.5. Agendas and other writings as public records (a) Agendas of public meetings are disclosable public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be made available upon request without delay and in compliance with Section 54954.2 or Section 54956, as applicable. However, this section shall not apply to a writing, or portion thereof, that is exempt from public disclosure. (b) (1) If a writing is a public record related to an agenda item for an open session of a regular meeting of the legislative body of a local agency and is distributed to all, or a majority of all, of the members of a legislative body of a local agency by a person in connection with a matter subject to a discussion or consideration at an open meeting of the body less than 72 hours before that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body. (2) (A) Except as provided in subparagraph (B), a local agency shall comply with both of the following requirements: (i) A local agency shall make any writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose. (ii) A local agency shall list the address of the office or location designated pursuant to clause (i) on the agendas for all meetings of the legislative body of that agency. (B) A local agency shall not be required to comply with the requirements of subparagraph (A) if all of the following requirements are met: (i) An initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item is made available for public inspection at the office or location designated pursuant to clause (i) of subparagraph (A) at least 72 hours before the meeting. (ii) The local agency immediately posts any writing described in paragraph (1) on the local agency's Internet Website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. (iii) The local agency lists the web address of the local agency's internet website on the agendas for all meetings of the legislative body of that agency. (iv) (1) Subject to subclause (11), the local agency makes physical copies available for public inspection, beginning the next regular business hours Ralph M. Brown Act Page 66 2764673 Text of the Ralph M. Brown Act for the local agency, at the office or location designated pursuant to clause (i) of subparagraph (A). (II) This clause is satisfied only if the next regular business hours of the local agency commence at least 24 hours before that meeting. (c) Writings that are public records described in subdivision (b) and distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof. (d) This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 7922.530, except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof. (e) This section shall not be construed to limit or delay the public's right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), including, but not limited to, the ability of the public to inspect public records pursuant to Section 7922.525 and obtain copies of public records pursuant to either subdivision (b) of Section 7922.53 or Section 7922.535. This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. Section 54957.6. Closed sessions regarding employee matters (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives. Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives. Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. Ralph M. Brown Act Page 67 2764673 Text of the Ralph M. Brown Act Closed sessions with the local agency's designated representative regarding the salaries, salary schedules or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency's designated representative. Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees. For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body or other independent contractors. Section 54957.7. Disclosure of items to be discussed at closed session (a) Prior to holding any closed session, the legislative body of the local agency shall disclose in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law. (b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session. (c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements. Section 54957.8. Closed sessions of multijurisdictional drug law enforcement agencies (a) For purposes of this section, "multijurisdictional law enforcement agency" means a joint powers entity formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm; high technology, computer or identity theft; human trafficking; or vehicle theft. (b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law enforcement agency, or an advisory body of a multijurisdictional law enforcement agency, from holding closed sessions to discuss the Ralph M. Brown Act Page 68 2764673 Text of the Ralph M. Brown Act case records of any ongoing criminal investigation of the multijurisdictional law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation and to discuss courses of action in particular cases. Section 54957.9. Authorization to clear room where meeting willfully interrupted; Readmission In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. Section 54957.95 Removal of Disruptive Individuals (a) (1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting. (2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b). (b) As used in this section: (1) "Disrupting" means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force. (2)"True threat of force" means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. Ralph M. Brown Act Page 69 2764673 Text of the Ralph M. Brown Act Section 54957.10. Closed sessions regarding application for early withdrawal of deferred compensation plan funds Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions to discuss a local agency employee's application for early withdrawal of funds in a deferred compensation plan when the application is based on financial hardship arising from an unforeseeable emergency due to illness, accident, casualty or other extraordinary event, as specified in the deferred compensation plan. Section 54958. Application of chapter The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law. Section 54959. Criminal penalty for violation of chapter Each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows, or has reason to know, the public is entitled under this chapter, is guilty of a misdemeanor. Section 54960. Proceeding to prevent violation of chapter; Recording closed sessions; Procedure for discovery of tapes (a) The district attorney or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided. (b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957 or 54957.6, order the legislative body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate. (c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording. (2) The audio recordings shall be subject to the following discovery procedures: Ralph M. Brown Act Page 70 2764673 Text of the Ralph M. Brown Act (A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960 or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following: (i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded and the governmental agency that has custody and control of the recording. (ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session. (3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act. (4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding. (5) This section shall not permit discovery of communications that are protected by the attorney -client privilege. Section 54960.1. Proceeding to determine validity of action; Demand for correction (a) The district attorney or any interested person may commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956 or 54956.5 is null and void under this section. Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action challenged pursuant to this section. (b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall make a demand of the legislative body to cure or correct the action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956 or 54956.5. The demand shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation. Ralph M. Brown Act Page 71 2764673 Text of the Ralph M. Brown Act (c) (1) The written demand shall be made within 90 days from the date the action was taken unless the action was taken in an open session but in violation of Section 54954.2, in which case the written demand shall be made within 30 days from the date the action was taken. (2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action. (3) If the legislative body takes no action within the 30-day period, the inaction shall be deemed a decision not to cure or correct the challenged action, and the 15- day period to commence the action described in subdivision (a) shall commence to run the day after the 30-day period to cure or correct expires. (4) Within 15 days of receipt of the written notice of the legislative body's decision to cure or correct, or not to cure or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the demanding party shall be required to commence the action pursuant to subdivision (a) or thereafter be barred from commencing the action. (d) An action taken that is alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956 or 54956.5 shall not be determined to be null and void if any of the following conditions exist: (1) The action taken was in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6, 54956 and 54956.5. (2) The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness or any contract, instrument or agreement thereto. (3) The action taken gave rise to a contractual obligation, including a contract let by competitive bid other than compensation for services in the form of salary or fees for professional services, upon which a party has, in good faith and without notice of a challenge to the validity of the action, detrimentally relied. (4) The action taken was in connection with the collection of any tax. (5) Any person, city, city and county, county, district or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2, Section 54956 or Section 54956.5, because of any defect, error, irregularity or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed pursuant to Section 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to Section 54956.5. Ralph M. Brown Act Page 72 2764673 Text of the Ralph M. Brown Act (e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956 or 54956.5 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (f) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. Section 54960.2 Proceeding to determine the applicability of chapter to past actions of legislative body; Conditions; Cease and desist letter (a) The district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met: (1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation. (2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine months of the alleged violation. (3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c). (4) Within 60 days of receipt of the legislative body's response to the cease and desist letter, other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commencing the action. (b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorneys' fees to the plaintiff in an action brought pursuant to this section in accordance with Section 54960.5. Ralph M. Brown Act Page 73 2764673 Text of the Ralph M. Brown Act (c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form: To The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act: [Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)] In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from and not repeat the challenged past action as described above. The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as "Rescission of Brown Act Commitment." You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing. Very truly yours, [Chairperson or acting chairperson of the legislative body] (2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda. (3) An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the legislative body has provided an unconditional commitment pursuant to this subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to Ralph M. Brown Act Page 74 2764673 Text of the Ralph M. Brown Act commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body. (4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter. (d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. (e) The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a majority vote of its membership taken in open session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as "Rescission of Brown Act Commitment," provided that not less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. Section 54960.5. Costs and attorneys' fees A court may award court costs and reasonable attorneys' fees to the plaintiff in an action brought pursuant to Section 54960, 54960.1 or 54960.2 where it is found that a legislative body of the local agency has violated this chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that section at any time after the 30-day period for making such a commitment has expired, the court shall award court costs and reasonable attorneys' fees to the plaintiff if the filing of that action caused the legislative body to issue the unconditional commitment. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency. A court may award court costs and reasonable attorneys' fees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. Ralph M. Brown Act Page 75 2764673 Text of the Ralph M. Brown Act Section 54961. Meeting place with discriminatory admission policies; Identification of victim of sexual or child abuse (a) No legislative body of a local agency shall conduct any meeting in any facility that prohibits the admittance of any person or persons, on the basis of ancestry or any characteristic listed or defined in Section 11135, or which is inaccessible to disabled persons, or where members of the public may not be present without making a payment or purchase. This section shall apply to every local agency as defined in Section 54951. (b) No notice, agenda, announcement or report required under this chapter need identify any victim or alleged victim of tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed. Section 54962. Prohibition against closed sessions except as expressly authorized Except as expressly authorized by this chapter, or by Sections 1461, 1462, 32106 and 32155 of the Health and Safety Code, or by Sections 37606, 37606.1 and 37624.3 of the Government Code as they apply to hospitals, or by any provision of the Education Code pertaining to school districts and community college districts, no closed session may be held by any legislative body of any local agency. Section 54963. Disclosure of confidential information acquired in closed session prohibited; Disciplinary action for violation (a) A person may not disclose confidential information that has been acquired by being present in a closed session authorized by Section 54956.7, 54956.8, 54956.86, 54956.87, 54956.9, 54957, 54957.6, 54957.8 or 54957.10 to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information. (b) For purposes of this section, "confidential information" means a communication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session under this chapter. (c) Violation of this section may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section. (2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section. (3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury. (d) Disciplinary action pursuant to paragraph (2) of subdivision (c) shall require that the employee in question has either received training as to the requirements of this section or otherwise has been given notice of the requirements of this section. Ralph M. Brown Act Page 76 2764673 Text of the Ralph M. Brown Act (e) A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a violation of this section, for doing any of the following: (1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by a legislative body of a local agency. (2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action. (3) Disclosing information acquired by being present in a closed session under this chapter that is not confidential information. (f) Nothing in this section shall be construed to prohibit disclosures under the whistleblower statutes contained in Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of this code. Ralph M. Brown Act Page 77 2764673 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los Angeles, San Francisco, Orange County, Temecula, the Central Coast, and Sacramento our dedicated team of experts provides the full -scope of public law services. We are the lawyers of choice for clients who seek reliable, efficient, and effective legal counsel. Richards, Watson & Gershon serves as city attorney, special counsel and general counsel to clients of all sizes and demographics. Our attorneys are proficient in areas of law only found in a firm with substantial experience in public agency representation. Local governments count on us for help with their most complex problems. Specialties Include: Administrative Law Airports, Rail & Transit Brown Act Cannabis CEQA Coastal Act Code Enforcement Conflicts of Interest Construction & Public Works Elections Eminent Domain Environment & Natural Resources Housing Labor & Employment Land Use & Planning Litigation Police Practices Public Finance Public Records Act Real Estate & Leasing Rent Control Subdivisions & Zoning Taxes, Fees & Assessments Telecommunications Solid Waste Stormwater Compliance Water Rights & Water Law APPENDIX B SUMMARY OF PUBLIC RECORDS LAWS (11) Public Records Act o HANDBOOK rI4 Summary of the Major Provisions and Requirements of the Public Records Act and Related Topics Electronic Records ) Text of the Public Records Act ) Updated including changes effective January 1, 2023 Table of Contents INTRODUCTION................................................................................................................................................ii PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT.............................................................1 I. WHAT IS THE PUBLIC RECORDS ACT?.................................................................2 II. WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THEPUBLIC?............................................................................................................2 III. IS THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATION ACT?..............................................................................................3 IV. TO WHICH LOCAL AGENCIES DOES THE PUBLIC RECORDS ACTAPPLY?............................................................................................................3 V. WHAT ARE "PUBLIC RECORDS2„.........................................................................4 VI. HOW DOES A LOCAL AGENCY DETERMINE THE SCOPE OF A PUBLIC RECORDS REQUEST?................................................................................6 VII. CAN A LOCAL AGENCY RELINQUISH ITS PUBLIC RECORDS ACT OBLIGATIONS TO SOMEONE ELSE?............................................................7 VIII. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAY IT BE MADE ORALLY?...........................................................8 IX. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT?...................................................................8 X. WHAT IS THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST?......................................................................30 XI. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT?......................................................................................33 X11. CONCLUSION.......................................................................................................34 PART TWO. ELECTRONIC RECORDS....................................................................................................35 1. EMAI L..................................................................................................................... 38 II. DOCUMENTS CREATED USING WORD PROCESSORS, GIS AND OTHER SOFTWARE.......................................................................................51 III. CITY WEBSITES.......................................................................................................61 IV. CONCLUSIONS.....................................................................................................78 PART THREE. THE CALIFORNIA PUBLIC RECORDS ACT.......................................................................81 Public Records Act Page i © 2023 Richards, Watson & Gershon 2769535 Introduction This Handbook, designed for City officials and staff, provides a summary of the major provisions of California's Public Records Act and related topics. Part One of the Handbook summarizes the basic provisions of the Public Records Act, including documents that are exempt from disclosure and the proper procedure for complying with the Act. Part Two highlights the unique issues raised by electronic records. Part Three contains the complete text of the Public Records Act. We hope you find this Handbook useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact our office. Richards, Watson & Gershon Public Records Act Page ii © 2023 Richards, Watson & Gershon 2769535 PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT //RWG Public Records Act Page 1 © 2023 Richards, Watson & Gershon 2769535 COMPLIANCE WITH THE PUBLIC RECORDS ACT: KEY QUESTIONS AND ANSWERS The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny. CAL. CONST. ART. I, § 3(b) (1). In enacting [the California Public Records Act], the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. GOv'T CODE § 7921.000. California's Public Records Act is a key part of the philosophy that government at all levels in this State must be open and accessible to all., Under the Public Records Act, a local government agency must disclose virtually any public document; only a statutory exemption or a need for confidentiality that clearly outweighs the public's right to access will legally justify withholding a public document. The purpose of this Handbook is to provide a general overview of the Public Records Act and recent amendments to it, along with a general road map for compliance. Pursuant to AB 473, operative January 1, 2023, the Public Records Act has been reorganized and recodified in new Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. While the Public Records Act has been recodified, the substance of the Public Records Act has not materially changed. The legislature specifically noted that its intent was not to substantively change the law, and revisions to the Public Records Act are intended to be entirely nonsubstantive in effect.2 Additionally, cases interpreting the former Code sections may be used to analyze the equivalent recodified sections. This Handbook addresses the questions most frequently asked of us by our local government clients. I Rogers v. Superior Ct. (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993). 2 Gov't Code §7920.100 Public Records Act Page 1 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act I. WHAT IS THE PUBLIC RECORDS ACT? The Public Records Act is a California statute that affords the public the right to inspect, and obtain a copy of, most of the information retained by State and local agencies in the course of business. The Public Records Act regulates the public's access to records and sets out the specific statutory circumstances under which particular records need not be disclosed. The Public Records Act states that public records are open to inspection at all times during the office hours of a local agency.3 The California Constitution also guarantees that public records are open to public scrutiny.4 It provides that a law, such as the Public Records Act, should be "broadly construed" if it furthers the people's right of access to public records, and "narrowly construed" if it limits the right of access.5 II. WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THE PUBLIC? Under the Public Records Act, every person has the right to inspect and to obtain a copy of any identifiable public record.6 It is irrelevant whether the person making the Public Records Act request already has possession of the public records requested.? The term "person" includes individuals, and various types of business entities.$ A "person" need not be a citizen of California or of the United States to make use of the Public Records Act.9 A local agency must supply an exact copy of the record on request, unless it is "impracticable" to make an exact copy.10 The word "impracticable" in the Public Records Act does not necessarily refer to situations where a copying request would be "inconvenient" or time consuming to the agency. Rather, the term "impracticable" modifies the requirement that the agency provide an "exact" copy. If a requested document is subject to the Public Records Act, the agency must provide the best or most 3 Gov't Code § 7922.525. 4 CAL. CoNST. art. I, § 3(b)(1). 5 CAL. CoNST. art. I, § 3(b) (2). 6 Gov't Code §§ 7922.525, 7922.530(a). A requester inspecting a disclosable record on the agency's premises generally has the right to use their own equipment, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record. Gov't Code § 7922.530(b). 7 The motive of the requester seeking public records is immaterial; an individual already in possession of requested documents may seek the documents so he or she may publicly disseminate them without fear of liability for doing so. Caldecott v. Superior Court, 243 Cal. App. 4th 212, 219 (4 Dist. 2015). B Both cities and city attorneys have been deemed "persons" under the Act. Los Angeles Unified School Dist. v. Superior Court (City of Long Beach), 151 Cal. App. 4th 759 (2 Dist. 2007) (holding that the city, as well as the city attorney, were entitled to obtain records of a school district relating to a school construction project). 9 Gov't Code § 7920.520; Connell v. Superior Court (Intersource, Inc.), 56 Cal. App. 4th 601 (3 Dist. 1997). 10 Gov't Code § 7922.530(a). Public Records Act Page 2 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act complete copy of that document reasonably possible.11 Any reasonably segregable portion must be made available after deletion of any portion exempt from disclosure.12 The requirements of the Public Records Act are the minimum standards which must be met by local agencies. The Public Records Act specifically provides that agencies may adopt procedures to allow greater access to records, except where the law otherwise prohibits access.13 The person who is the subject of a particular record does not have a specific right under the Public Records Act to prevent disclosure of any particular record.14 Even in cases where the subject of a particular record has argued that disclosure would violate the individual right to privacy guaranteed by the California Constitution, disclosure has been compelled.15 III. IS THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATION ACT? Persons who request access to public records frequently reference the Freedom of Information Act (the "FOIA") as the basis for their request. The FOIA is a federal statute that does not apply to local government agencies.16 However, the Public Records Act was modeled after the FOIA, and we recommend that agencies respond to otherwise valid records requests even if the requester cites the FOIA instead of the Public Records Act.17 IV. TO WHICH LOCAL AGENCIES DOES THE PUBLIC RECORDS ACT APPLY? The Public Records Act applies to all local government agencies. Under the Public Records Act, a "local agency" includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; any board, commission or agency of any of these; and 11 See Rosenthal v. Hansen, 34 Cal. App. 3d 754 (3 Dist. 1973) (holding that under the former Section 6256, an agency need not provide exact copies if doing so would be impracticable, but this does not excuse a public entity from producing the records at all). 12 Gov't Code § 7922.525. 13 Gov't Code § 7922.505. It is unclearwhether a local public agency can, through a sunshine ordinance, seek to regulate other agencies, but such an ordinance would not override a state agency's determination on whether its internal documents were subject to disclosure. SF Urban Forest Coal. v. City & Cty. of San Francisco, 43 Cal. App. 5th 796, 807 (Ct. App. 2019), review denied (April 1, 2020). 14 LAPD v. Superior Court (Church of Scientology), 65 Cal. App. 3d 661, 668 (2 Dist. 1977). 15 Poway Unified Sch. Dist. v. Superior Court (Copley Press), 62 Cal. App. 4th 1496 (4 Dist. 1998). 16 5 U.S.C. § 552 et seq. 17 See ACLU v. Deukmejian, 32 Cal. 3d 440, 447 (1982) (Public Records Act modeled on FOIA, judicial construction and legislative history of federal act illuminate the interpretation of its California counterpart); Cook v. Craig, 55 Cal. App. 3d 773, 781 (3 Dist. 1976) (noting the similarity between the provisions of state and federal law). Public Records Act Page 3 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act certain non-profit organizations of local agencies which are supported by public funds.18 V. WHAT ARE "PUBLIC RECORDS?" The Public Records Act defines "public records" as follows: Public records includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. The term "writing" means: any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.19 These definitions encompass much more than written or printed documents. Public records include computer data, and an agency must provide computer records in any electronic format in which the agency holds the information. If a requester asks for the records in a particular format, the agency must provide the records in that format, provided it is a format used by the agency to create copies for its own use or for provision to other agencies, unless an exception applies.20 Note, however, that computer software developed by a local agency is not a "public record" subject to the Public Records Act.21 On the other hand, a requester's rights under the Public Records Act are not unlimited. A local agency is not required to create a document or compile a list in response to a request under the Public Records Act.22 18 Gov't Code § 7920.510. The Public Records Act also applies to charter schools and entities managing charter schools. Ed. Code § 47604.1. 19 Gov't Code § 7920.530 and 7920.545. 20 Gov't Code § 7922.570 For further discussion of the exception to this rule, see Part Two. Electronic Records, Section II.B. "Metadata" of this Handbook. 21 Gov't Code § 7922.585. 22 Based upon the definition of "writing," Gov't Code § 7920.545, and the requirement that a requested record be "identifiable," Gov't Code § 7922.530(a); See also Sander v. State Bar of California, 26 Cal. App. 5th 651, 665-66 (1 Dist. Public Records Act Page 4 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act While these definitions are general, over the years the courts have both broadened and limited the scope of the definition of "public record." First, it is clear that the term "public records" encompasses more than simply those documents that public officials are required by law to keep as official records. Rather, courts have held that a public record is one that is kept because it is "necessary or convenient to the discharge of [an] official duty."23 Second, courts have observed that merely because the writing is in the possession of the local agency, it is not automatically a public record. It must relate in some substantive way to the conduct of the public's business.24 Thus, personal notes and personal records, such as shopping lists or letters from friends that are totally void of public business, are not public records.25 In City of San Jose v. Superior Court, the California Supreme Court provided several factors to consider when analyzing whether a writing is a public record, including: the content of the writing; the context in, or purpose for which, it was written; the audience to whom it was directed; and whether the writing was prepared by an employee acting or purporting to act within the scope of his or her employment.26 In addition, it is important to note that a record need not be a "document" to fall within the ambit of the Public Records Act. A public record is subject to disclosure under the Public Records Act "regardless of physical form or characteristics."27 Further, local agencies are obligated to determine whether a public records request seeks copies of disclosable public records in the "possession" — either actual or constructive possession — of the agency.28 On occasion, a local agency prepares, uses, or owns a document containing information related to the conduct of the public's business, but does not physically possess it, such as when a local agency hires a private consultant to conduct work on behalf of the agency. When the public record is in the possession of a private consultant or sub -consultant who does work for the local agency, the contractual relationship between the local agency and consultant or sub -consultant will likely determine whether the local agency has the right to control the records and therefore "constructive possession" of the documents.29 In Community Youth Athletic 2018) (stating that "the CPRA ... does not require [public agencies] to create new records to satisfy a request."); Steinle v. City & Cty. of San Francisco, 919 F.3d 1154, 1 166 (9th Cir. 2019). 23 City of San Jose v. Superior Court (Smith), 2 Cal. 5th 608, 618 (2017); Braun v. City of Taft, 154 Cal. App. 3d 332, 340 (5 Dist. 1984); San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 774 (2 Dist. 1983); People v. Tomalty, 14 Cal. App. 224, 231 (1 Dist. 1910). 24 City of San Jose, 2 Cal. 5th at 618; Braun, 154 Cal. App. 3d at 340; San Gabriel Tribune, 143 Cal. App. 3d at 774; Gov't Code § 7920.530. 25 San Gabriel Tribune, 143 Cal. App. 3d at 774. 26 City of San Jose, 2 Cal. 5th at 618. 27 Gov't Code § 7920.530. 28 Gov't Code § 7922.535. City of San Jose, 2 Cal. 5th at 623. 29 Consolidated Irrigation District v. Superior Court (City of Selma), 205 Cal. App. 4th 697, 709-1 1 (5 Dist. 2012); Community Youth Athletic Center v. City of National City, 220 Cal. App. 4th 1385, 1427-29 (4 Dist. 2013); see also Regents of the University of California v. Superior Court (Reuters America LLC), 222 Cal. App. 4th 383, 398 (1 Dist. 2013) as modified on denial of reh'g (Jan. 14, 2014). Public Records Act Page 5 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act Center v. City of National City, the court found that under the contract between the City and its consultant, the City had the right to possess and control the record that was the subject of a public records request, even if that local agency had not previously enforced its ownership right.30 The court held that the City had an obligation "to make reasonable efforts to facilitate the location and release of the information."31 The City's failure to assert its contractual right to obtain the record from the consultant violated the Public Records Act.32 On the other hand, in Anderson -Barker v. Superior Court of Los Angeles County, the court held that a city's ability to access privately held, electronically -stored data did not equate to a form of possession of the data when a city does not direct what information a third party contractor places on its databases, and has no authority to modify the data in any way.33 Similarly, in Consolidated Irrigation District v. Superior Court, the court found that the City had no control over a sub -consultant's records.34 The sub -consultant had been hired by the City's primary consultant, and based on the facts in that case, the City had no obligation under the Public Records Act to obtain and produce the records of the sub -consultant. VI. HOW DOES A LOCAL AGENCY DETERMINE THE SCOPE OF A PUBLIC RECORDS REQUEST? Most public records requests are straightforward. The public is familiar with records regularly kept by a local agency, such as meeting minutes, staff reports, financial reports, and other documents discussed at public meetings. Requests for those records are easy to fulfill. Many of these records may be available on a local agency's website, and the Public Records Act allows a local agency to satisfy a request for public records by directing the requester to that website.35 Sometimes, the public is unfamiliar with the types of records maintained by local agencies. The requester may not be able to provide the specificity necessary to identify a public record, or the request may be so broadly stated that a local agency cannot reasonably determine which records fall within the scope of the request. Under those circumstances, the Public Records Act imposes duties on both local agencies and requesters. Local agencies must assist a requester to formulate a "focused and effective request that reasonably describes an identifiable record or records," by following certain procedural requirements.36 Likewise, the 30 Community Youth Athletic Center, 220 Cal. App. 4th at 1428. 31 Id. at 1429. 32 Id. 33 Anderson -Barker v. Superior Court (City of Los Angeles), 31 Cal. App. 5th 528 (2 Dist. 2019). 34 Consolidated Irrigation District, 205 Cal. App. 4th at 711. 35 Gov't Code § 7922.545. 36 Gov't Code § 7922.600. Further discussion of these procedural requirements is in Section X, below. Public Records Act Page 6 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act requester is obligated to engage in this process, and to provide the scope of the public information requested, which the City must communicate to the custodian of records. Both the local agency and the requester must be reasonable in this process.37 In some instances, there may be many records responsive to a request. When faced with a voluminous request, agencies should work with the requester to narrow down the request, ask if they would consent to an extended deadline for responding, and providing responsive records on a rolling basis. Even where requests return a significant number of responsive records, courts have held that agencies must process the request.38 VII. CAN A LOCAL AGENCY RELINQUISH ITS PUBLIC RECORDS ACT OBLIGATIONS TO SOMEONE ELSE? A local agency cannot sell or provide a public record subject to disclosure under the Public Records Act to a private entity in a manner that prevents the local agency from providing the record directly.39 For example, the county recorder cannot transfer all birth and death records to a private company and insist that the public obtain birth certificates from the private entity. Similarly, a local agency may not enter into a contract that allows another party to control the disclosure of information that is subject to the Public Records Act.40 For example, a contract provision that requires the consent of a contractor before a local agency may release a public record prepared by the contractor violates the Public Records Act. Additionally, if a local agency enters into a contract that requires a private entity to review, audit, or report on any aspect of the local agency, that contract must be made available to the public upon request, unless the contract is exempt from disclosure pursuant to another exemption in the Public Records Act.41 37 Community Youth Athletic Center v. National City, 220 Cal. App. 4th 1385, 1427 (4 Dist. 2013). 38 Getz v. Superior Court, 2021 WL 5879194 (3 Dist. 2021), ordered published (December 13, 2021) (holding that it is not unduly burdensome to require El Dorado County to review more than 42,000 emails that were potentially responsive to a request for "any/all emails" by or between "anyone" employed by the County and "anyone" at one of four email domains associated with a real estate developer, its legal counsel, and its public relations consultants). 39 Gov't Code § 7921.010(a). 40 Gov't Code § 7921.005. 41 Gov't Code § 7928.700. Public Records Act Page 7 © 2023 Richards, Watson & Gershon 2769535 Part One: Comoliance with the Public Records Act Vill. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAY IT BE MADE ORALLY? Nothing in the Public Records Act requires a member of the public to place his or her request for public records in writing.42 While many local agencies provide forms on their website or at their offices for making a written Public Records Act request, a requester is not required to use the form offered. An oral request is sufficient to trigger the requirements of the Public Records Act. Additionally, an argumentative or disruptive requester cannot be permanently banned from the premises by a local agency or forced to make their requests in writing.43 However, the right to inspect public records is subject to the implied rule of reason that enables the custodian of public records to formulate regulations necessary to prevent interference with the orderly functioning of the agency's office.44 If faced with a loud or angry person who is making an oral request, and the records are not immediately available, it is advisable for staff to write down the request and tell the requester the agency will respond in writing within the time limits specified in the Public Records Act. Your city attorney can provide additional guidance in the event a member of the public is repeatedly abusive towards staff. IX. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT? A. Disclosure of Exempt Records Waives Confidentiality The Public Records Act specifically exempts a number of categories of records from disclosure requirements. If documents are exempt from disclosure, it is important that confidentiality be maintained. Once an otherwise exempt record is knowingly released to any member of the public, disclosure constitutes a waiver of the exemption for that record, and the record must be provided to any subsequent requesting member of the public.45 This waiver ensures a public agency does not carry out "selective disclosure," wherein some members of the public are provided the right of access to specific records, while some requests for the same records are denied by the public agency for the same materials.46 42 Los Angeles Times v. Alameda Corridor Transp. Authority, 88 Cal. App. 4th 1381, 1392 (2 Dist. 2001). 43 Galbiso v. Orosi Public Utility District, 167 Cal. App. 4th 1063, 1088-89 (5 Dist. 2008). 44 Bruce v. Gregory, 65 Cal. 2d 666, 676 (1967); Rosenthal v. Hansen, 34 Cal. App. 3d 754, 761 (3 Dist. 1973); 64 Ops. Cal. Atty. Gen. 317 (1981). 45 Gov't Code § 7921.505. 46 Black Panther Party v. Kehoe, 42 Cal. App. 3d 646, 658 (3 Dist. 1974). Public Records Act Page 8 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act There are a few situations where the knowing disclosure of an otherwise exempt record does not constitute a waiver of exemption. Exemptions are not waived when disclosures are made: • Through discovery procedures associated with lawsuits or in court proceedings; • Pursuant to a statute that limits disclosure for specified purposes; • When not required by law and prohibited by formal action of the elected legislative body of the local agency; or • To another government agency that agrees to treat the records as confidential.47 The California Supreme Court held that a public agency's inadvertent disclosure resulting from human error does not waive an exemption.48 In Ardon v. City of Los Angeles, the City of Los Angeles inadvertently disclosed several attorney -client and attorney work product documents in response to a PRA request. The requester was an attorney actively involved in pending litigation against the City.49 After becoming aware of the inadvertent disclosure, the City filed a motion in court seeking the return of the privileged materials.50 The California Supreme Court held that the Public Records Act's waiver provision51 applied only to intentional and not inadvertent disclosure.52 The court justified this distinction by finding that the City of Los Angeles had not engaged in selective disclosure: "[r]ather, it seeks no disclosure; it is trying to force plaintiff's attorney to return the privileged documents unread."53 The California Supreme Court's decision in Ardon v. City of Los Angeles allows a public agency to argue that a disclosure was inadvertent and ask for return of exempt records that were released in error. However, nothing in the Public Records Act compels the requester to return the records. Instead, the public agency must go to court to obtain a judicial order directing the requester to return or destroy the inadvertently disclosed records.54 This presents a number of problems. First, the circumstances surrounding the dissemination of those materials would have to be evaluated on a case -by -case basis by the reviewing court.55 The court may not agree with the public agency's assertion that the 47 Gov't Code § 7921.505. Additional exceptions apply to specific state agencies. 48 Ardon v. City of Los Angeles, 62 Cal. 4th 1 176 (2016). 49 Ardon, 62 Cal. 4th at 1 180-82. 50 Id. at 1 181 . 51 Gov't Code § 7921.505. 52 Ardon, 62 Cal. 4th at 1180. 53 Id. at 1 185-86. 54 See Newark Unified School District v. Superior Court (Brazil), 245 Cal. App. 4th 887 (1 Dist. 2015). 55 Id. at 910. Public Records Act Page 9 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act disclosure was inadvertent. Second, if the exempt records were given wide- spread distribution before the error was found, a court may decide not to order return of the records. Once the information is in the public sphere, the bell cannot be unrung. Third, it is costly to go to court to seek injunctive relief. Consequently, public agencies should continue to conduct a thorough and exhaustive review of responsive documents before releasing any materials in response to a Public Records Act request. The California Supreme Court acknowledged that its decision was limited to "truly inadvertent disclosures and must not be abused to permit the type of selective disclosure" prohibited by the Public Records Act.56 Further, the California Supreme Court emphasized that a public agency's own characterization of its intent is not dispositive.57 The best practice continues to be to complete a thorough review before releasing responsive records. B. Statutory Exemptions for Confidential Records The following is a list of the statutory exemptions. This list is not exhaustive. (1) Public agency employees' personal information. Gov't Code § 7928.300. The Public Records Act contains protections for specified personal information of all public agency employees. The home addresses, home telephone numbers, personal cellular telephone numbers and birth dates of all public agency employees are not considered to be public records subject to disclosure, except in limited circumstances. Personal e-mail addresses of public employees are also not public records subject to disclosure, unless a personal e-mail address is used by an employee to conduct public business or if the address is necessary to identify a person in an otherwise disclosable communication. The Public Records Act also requires local agencies to redact social security numbers from records before disclosing the records to the public in response to a Public Records Act request.58 56 Ardon, 62 Cal. 4th at 1190. 57 Id. 58 Gov't Code § 7922.200. State agencies are prohibited from sending outgoing U.S. mail to an individual that contains the individual's social security number unless the number is truncated to its last four digits, except in specified circumstances. Gov't Code § 1 1019.7. Public Records Act Page 10 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (2) Referendum, recall and initiative petitions, ballots and related material. Gov't Code §§ 7924.100-7924.1 10. Election -related petitions and all memoranda prepared by the county elections officials in their examination of the petitions indicating which registered voters signed the petitions are strictly confidential. These materials may be viewed only by elections officials and their deputies. Other officials, including agency attorneys, must obtain a court order to view petitions. If the elections officials determine that a petition is legally insufficient, petition proponents and their representatives designated in writing must be permitted to review these materials. Election ballots themselves are exempt from disclosure.59 (3) The identity of persons who have requested bilingual ballots or ballot pamphlets. Gov't Code § 7924.005. Election -related information revealing the identity of people who have requested bilingual ballots or ballot pamphlets or other related data that would reveal the identity of the people requesting bilingual materials is exempt from disclosure. Persons otherwise authorized to review this material, such as elections officials, may examine these materials. (4) Preliminary drafts, notes, or interagency or intra-agency memoranda. Gov't Code § 7927.500. Public officials should be aware that preliminary drafts and notes, along with interagency and intra-agency memoranda, are exempt from disclosure as public records if those documents are not customarily retained by the local agency in the ordinary course of business, and the public interest in withholding those records clearly outweighs the public interest in disclosure.60 In considering whether to use this exemption, agencies should determine whether the disclosure of a preliminary draft, note, or interagency or intra-agency memorandum would further the interest of the Act in open government. The fact that the document is merely a step in the process and does not provide important information about the public's business probably weighs in favor of nondisclosure. 59 Elec. Code §§ 15370 and 17301; Citizens Oversight, Inc. v. Vu, 35 Cal. App. 5th 612, 619-20 (4 Dist. 2019). 60 Gov't Code § 7927.500. Public Records Act Page 1 1 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act The key questions in this area generally may be boiled down to whether a draft, note, or interagency or intra-agency memorandum is one which: • Is not normally kept by the agency in the ordinary course of business; • Is not prepared or kept to document or memorialize the day-to-day transaction of the public's business; • Is merely a temporary step in the process of preparing a final document, reaching a final decision, or determining a course of action; and • Would expose the agency's decision -making process if disclosed,61 and the public interest in nondisclosure clearly outweighs the public interest in disclosure. If the document qualifies under all four categories above, the document probably is exempt from disclosure under the Public Records Act. Documents that do not satisfy one or more of the categories above probably are public records that must be disclosed unless another exemption applies. You should keep in mind, however, that any doubt or question in this regard likely will be decided in favor of disclosure of the record. In discussing whether a record has not been retained in the ordinary course of business, one court observed, "[i]f preliminary materials are not customarily discarded or have not in fact been discarded as is customary they must be disclosed."62 One of the purposes of this condition is to prevent "secret law," that is an undisclosed collection of written rules guiding the agency's decisions.63 Consequently, a record that must be retained pursuant to a local agency's records retention schedule, policies, or customs does not fall within this exemption. For example, if a policy decision is made to retain drafts in order to document the bargaining history after an agreement is negotiated; those drafts likely are not exempt under Section 7927.500. Also, if it is permissible under an agency's records retention schedule to destroy preliminary documents, but the agency retained such a document after the final report is prepared, the preliminary document arguably is not exempt under Section 7927.500. 61 Citizens for a Better Environment v. Dep't of Food and Agriculture, 171 Cal. App. 3d 704, 715-16 (3 Dist. 1985) (concluding that "[t] he interest in fostering robust agency debate" is the only public interest that can justify nondisclosure under Section 7927.500). 62 Id. at 714. 63 Id. at 714 n.7. Public Records Act Page 12 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (5) Records pertaining to pending litigation to which the agency is a party. Gov't Code § 7927.200. Under this exemption, records actually created by an agency for its own use in litigation are exempt from disclosure under the Public Records Act.64 Previously created or disclosed records may not be retroactively re-classified as being exempt under this Section.65 Generally, courts will examine the "dominant purpose" behind the document's creation.66 Documents prepared "by a public entity for its own use in anticipation of litigation, which documents it reasonably has an interest in keeping to itself until litigation is finalized" are protected by the exemption.67 Thus, while documents created prior to the commencement of litigation appear to receive greater scrutiny to determine their dominant purpose, the exemption can apply to documents created before litigation has commenced, that is, before a claim has been made with the local agency under the Government Claims Act or a complaint filed with a court. Once litigation is concluded, however, the exemption will no longer apply.68 This exemption also applies to litigation -related documents, even if not created by an agency, when sought by persons or entities not a party to the litigation and which the parties to the litigation do not intend to be revealed outside the litigation. This exemption does not cover deposition transcripts because they are available to the public under another statute.69 And where a plaintiff generally is required to file a claim under the Government Claims Act to initiate litigation against a local agency, the actual claim form filed with the local agency is not exempt under this Section as "[f]here is no unfair disadvantage [in the pending litigation] to the public entity from disclosure of the mere claim form."70 64 Fairley v. Superior Court (City of Long Beach), 66 Cal. App. 4th 1414, 1421-22 (2 Dist. 1998). 65 City of Hemet v. Superior Court (Press -Enterprise Co.), 37 Cal. App. 4th 1411, 1420 & n.1 1 (4 Dist. 1995). 66 Fairley, 66 Cal. App. 4th at 1420 67 Id. at 1421 . 68 Gov't Code § 7927.200 (noting that the exemption applies "until the pending litigation or claim has been finally adjudicated or otherwise settled."); City of Los Angeles v. Superior Court (Axelrod), 41 Cal. App. 4th 1083, 1089 (2 Dist. 1996). 69 Board of Trustees of California State Univ. v. Superior Court (Copley Press, Inc.), 132 Cal. App. 4th 889, 901-902 (4 Dist. 2005); Civ. Proc. Code § 2025.570. 70 Poway Unified Sch. Dist. v. Superior Court (Copley Press, Inc.), 62 Cal. App. 4th 1496, 1505 (4 Dist. 1998). Public Records Act Page 13 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (6) Personnel, medical, or similar records. Gov't Code §§ 7927.700; 7928.300. When the disclosure of personnel,71 medical, or similar files would constitute an unwarranted invasion of personal privacy, this exemption applies. In determining whether personnel records should be disclosed, courts first decide whether disclosure would compromise the individual's substantial privacy interest. If it does, the court determines whether the potential harm to those interests caused by disclosure outweighs the public interest in disclosure.72 As will be discussed below, the California Supreme Court has concluded that public employees in general have a significantly reduced expectation of privacy in their salaries, and that the strong public interest in knowing how the government spends its money justifies disclosure of salary information.73 Courts have recognized the privacy interest implicated by records of employee misconduct and wrongdoing.74 However, at least one appellate court has found that where the public employee is in a position of authority, such as a superintendent of a school district, the individual has "a significantly reduced expectation of privacy in the matters of his [or her] public employment."75 This exemption for personnel, medical or similar records does not justify withholding employment agreements. By statute, employment agreements between a local agency and any public official or public employee is a public record not subject to an exemption.76 This exemption for personnel records also does not justify withholding personnel records concerning incidents involving the discharge of a firearm at a person by a peace officer that resulted in death or great bodily injury, records concerning a sustained finding that a peace officer engaged in sexual assault or dishonesty, a sustained finding of unreasonable or excessive force, a sustained finding of failure to intervene against another officer using unreasonable or excessive force, or a sustained finding of discrimination against a protected class.77 71 The scope of personnel records generally covers records relating to an employee's performance or to any grievance concerning an employee, and would include personal information to which access is limited to an employee's supervisors. Such records do not need to be stored in a personnel file to be exempt; it is the contents of the document which makes them confidential. Associated Chino Teachers v. Chino Valley Unified Sch. Dist., 30 Cal. App. 5th 530, 539-41 (4 Dist. 2018). 72 Versaci v. Superior Court (Palomar Cmty. Coll. Dist.), 127 Cal. App. 4th 805, 818-820 (4 Dist. 2005). 73 International Federation of Professional and Technical Engineers, LOCAL 21, AFL-CIO, v. Superior Court, (Contra Costa Newspapers, Inc.), 42 Cal. 4th 319, 329-333 (2007) (International Federation). 74 Associated Chino Teachers, 30 Cal. App. 5th at 541. 75 BRV, Inc. v. Superior Court (Dunsmuir Joint Union High School District), 143 Cal. App. 4th 742, 758 (3 Dist. 2006) (ordering reports investigating allegations of misconduct disclosed, as the public's interest in why the district entered into a termination agreement with the superintendent that appeared to the public to be a "sweetheart deal" outweighed the superintendent's interest in preventing disclosure of the reports). 76 Gov't Code § 7928.400. 77 Penal Code §§ 832.7, 832.8. Public Records Act Page 14 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act Disclosure of Public Emolovee Salaries The California Supreme Court has held that salaries of public employees are not exempt from disclosure. In International Federation of Professional and Technical Engineers v. Superior Court, (Contra Costa Newspapers, Inc.),78 the California Supreme Court held that individually identifiable salary information is not exempt from disclosure under the Public Records Act, the California Constitution or the Penal Code. In this case, a newspaper sought disclosure from the City of Oakland of names, job titles and gross salaries of City employees earning $100,000 or more each year, including overtime. The City provided salary and overtime information for each job classification but refused to provide salary information linked to individual employees. The newspaper sued to obtain disclosure of the records under the Public Records Act. The Supreme Court held that a public entity's payroll expenditures are public records, and that disclosure of salary records for City employees earning $100,000 or more each year is not an unwarranted invasion of personal privacy.79 With regard to peace officers, the Supreme Court rejected the police union's argument that Penal Code Sections 832.7 and 832.8 bar disclosure of the amount of a peace officer's salary.80 The Supreme Court ruled that salary information of peace officers does not constitute "personnel records" under Penal Code Sections 832.7 or 832.8, and is not information obtained from personnel records.81 As such, the Penal Code does not mandate that peace officer salary information be excluded from disclosure under the Public Records Act. The Supreme Court also rejected the argument that each public records request must be evaluated on a case -by -case basis to evaluate the individual employee's privacy interests and the particular public interest at issue.82 The Court stated that this would reverse the presumption of openness of public records mandated by the Public Records Act, and the public entity bears the burden of demonstrating that particular records are exempt.83 The Court, however, left open the possibility that a public entity may, on a case -by -case basis, decline to 78 International Federation, 42 Cal. 4th 319 (2007). 79 The Supreme Court also narrowed the precedential value of Teamsters Local 856 v. Priceless, LLC., 112 Cal. App. 4th 1500 (1 Dist. 2003). The appellate court in Priceless held that names, job titles, and W-2 information of City employees was confidential information and not subject to disclosure under the Public Records Act because the City in question had a prior practice of treating that information as confidential. To the extent that Priceless could be read as holding that a City's practice of refusing to disclose certain information had created a privacy interest in those records, the California Supreme Court disagreed and refused to adopt that holding. International Federation, 42 Cal. 4th at 336. 80 Id., at 343. 81 Id. 82 Id. at 336. 83 Id. at 336-37. Public Records Act Page 15 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act release records pertaining to individual employees where anonymity is essential to their safety, such as undercover narcotics officers. Although this decision arose in the context of a public records request for the names and salaries of City employees earning more than $100,000 per year, the Supreme Court's reasoning may have general application to salary information for all City employees, regardless of level of salary. In a companion case, Commission on Peace Officer Standards and Training v. Superior Court, the California Supreme Court addressed the confidentiality of certain non -salary information.84 In this case, the Commission refused to provide the names, employing departments, and hiring and termination dates of peace officers from its database. The Commission maintains the database to monitor participating law enforcement departments' compliance with Peace Officer Standards and Training ("POST") regulations. The California Supreme Court held that the names, employing departments, and hiring and termination dates of peace officers are not confidential under Penal Code Sections 832.7 and 832.8, and are not exempt from disclosure under the Public Records Act. The California Supreme Court, however, remanded the case to the lower courts to allow the Commission the opportunity to establish that information regarding particular officers or categories of officers should be excised from the disclosed records in order to protect the safety or efficacy of those peace officers.85 (7) Arrest records, complaint reports, investigatory, and security files. Gov't Code §§ 7923.600-7923.630. This exemption strictly limits the information required to be disclosed about arrests, complaints and investigations.86 Records of complaints to or investigations conducted by police agencies generally may be withheld. Investigatory or security files compiled by a local agency for law enforcement or licensing purposes are also covered by the exemption, provided "there is a concrete and 84 Commission on Peace Officer Standards and Training v. Superior Court (Los Angeles Times Communications LLC), 42 Cal. 4th 278 (2007). 85 Id. at 303; see also, Long Beach Police Officers Assn. v. City of Long Beach, 59 Cal. 4th 59 (2014) (holding the Act did not protect from disclosure the names of officers involved in on -duty shootings). 86 The scope of "records of investigation" is narrowly construed. American Civil Liberties Union Foundation v. Superior Court, 3 Cal. 5th 1032, 1039 (2017). Records of investigation exempted under Section 7923.600 et seq. "encompass only those investigations undertaken for the purpose of determining whether a violation of law may occur or has occurred. If a violation or potential violation is detected, the exemption also extends to records of investigations conducted for the purpose of uncovering information surrounding the commission of the violation and its agency." Haynie v. Superior Court, 26 Cal. 4th 1061, 1071 (2001). In American Civil Liberties Union of Southern California v. Superior Court, the California Supreme Court declined to extend the meaning of "investigation" to cover bulk raw data obtained as part of a mass personal data collection, because there was no targeted "investigation" into a particular criminal act. 3 Cal. 5th 1032, 1042. Public Records Act Page 16 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act definite prospect of criminal law enforcement proceedings."87 This exemption extends indefinitely, even after investigations are concluded.$$ In most cases, agencies are required to disclose to the public89 the full name, current address, and occupation of every person arrested by the agency, including a general physical description, along with the date and time of arrest. This disclosure, however, is not required where it would endanger the safety of a person involved in an investigation or jeopardize the successful completion of the pending investigation or a related investigation. While investigations conducted by police agencies are generally not disclosable, investigations of police agencies may be subject to PRA requests. When releasing records pertaining to investigations of police agencies, the agency must redact or otherwise withhold any information that is part of a police officer's confidential personnel file.90 Counsel should be consulted to ensure that confidential information is not disclosed. In addition, local agencies are required to disclose to the public the time, substance, and general location of all complaints and requests for assistance, and the time and nature of the agency's response. However, no disclosure may be made to any arrested person or defendant in a criminal action of the address and telephone number of any person who is a victim or witness in an alleged offense.91 Further, this disclosure is not required where it would endanger the safety of a person involved in an investigation or jeopardize the successful completion of the pending investigation or a related investigation. In all cases, the address of a victim of an alleged sex offense or human trafficking offense must be withheld.92 Additionally, the name of the victim of an alleged sex offense must be withheld if the victim or a minor victim's parent or guardian requests it be withheld. While the law refers to "sex offenses," the crimes listed in Section § 7923.615 include sexual assault, child molestation, child abuse, hate crimes, and stalking. The Public Records Act prohibits the commercial use of arrest and arrestee information, and requires that persons requesting such information sign a declaration, under penalty of perjury, that the request is made for a scholarly, journalistic, political, or governmental purpose, or for investigation by a licensed 87 Dixon v. Superior Court (Neves), 170 Cal. App. 4th 1271, 1277 (3 Dist. 2009) (internal quotation omitted). 88 Rackauckas v. Superior Court (Los Angeles Times Communications), 104 Cal. App. 4th 169, 174-178 (4 Dist. 2002). 89 Sections 7923.600-7923.630 also authorize release of certain limited information to the victim of a crime and other interested parties, above and beyond that information released to the public generally. 90 Pasadena Police Officers Association v. City of Pasadena, 22 Cal. App. 5th 147 (2 Dist. 2018). 91 Penal Code § 841.5. 92 Penal Code § 293. Public Records Act Page 17 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act private investigator.93 This requirement, however, may have limited applicability given the outcome of litigation by United Reporting Publishing Corporation against the California Highway Patrol.94 Subsequent to that case, the Attorney General issued an opinion that a law enforcement agency may not require that a requester present subscriber lists, copies of publications, or other verification of a journalistic purpose and the requester is not required to monitor subscribers to prohibit them from using the information for commercial purposes.95 Disclosure of Certain Police Department Records Penal Code sections 832.7 and 832.8 previously provided that peace officer personnel records are confidential and subject to disclosure only after a granted Pitchess Motion. Those statutes were amended in 2019 to provide that certain peace officer personnel records and records relating to specified incidents, complaints, and investigations must be made available to the public under the Public Records Act. Under further amendments in 2021, disclosure of additional categories of information is required effective on January 1, 2022. Penal Code sections 832.7 and 832.8 now provide that an agency must disclose any record relating to the report, investigation, or finding of: • An incident involving the discharge of a firearm at a person by a peace officer or custodial officer. • An incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury. • When a sustained finding was made that a peace officer or custodial officer engaged in sexual assault involving a member of the public. • When a sustained finding was made of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any false statements, filing false reports, destruction, falsifying or concealing of evidence, or perjury. 93 Gov't Code § 7923.620. A commercial publisher of criminal records challenged the constitutionality of this limitation on disclosure, but the United States Supreme Court held that the statute did not violate the First Amendment to the U.S. Constitution. Los Angeles Police Dep't v. United Reporting Publ'g Corp., 528 U.S. 32 (1999). 94 United Reporting Publ'g Corp. v. California Highway Patrol, No. 96-CV-0888-B (S.D. Cal. Aug. 13, 2001) (final judgment on consent) ("As applied to United Reporting's activities as described in this lawsuit, section 6254(f) (3) (now § 7923.620) violates United Reporting's rights under the First Amendment to the United States Constitution by preventing United Reporting from engaging in its journalistic activities as described above."). 95 89 Ops. Cal. Atty Gen. 97 (2006). Public Records Act Page 18 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act • When a sustained finding was made involving a complaint that alleged unreasonable or excessive force. • When a sustained finding was made that an officer failed to intervene against another officer using force that is clearly unreasonable or excessive. • When a sustained finding was made that a peace officer or custodial officer engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. • When a sustained finding was made that the peace officer made an unlawful arrest or conducted an unlawful search. A sustained finding means that the public agency has determined that misconduct occurred and the officer had an opportunity for an administrative appeal, even if that administrative appeal was not actually completed.96 These disclosure requirements apply regardless of whether the disclosable records sought pertain to officers employed by the agency or by another public agency and regardless of whether the agency or another public agency created the records.97 These requirements also apply to records created prior to 2019 if a public records request is submitted after January 1, 2019.98 Note, however, that the catchall exemption to disclosure under the Public Records Act (Government Code section 7922.540), can apply to exempt otherwise disclosable records under Penal Code Section 832.7 where, based on the facts of the particular case, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.99 96 Collondrez v. City of Rio Vista, 61 Cal. App. 5th 1039 (1 Dist. 2021), review denied (June 30, 2021) (court held that the city manager's decision in favor of an officer's termination following a pre -discipline Skelly meeting constituted a sustained finding of dishonesty, even though the officer's subsequent administrative arbitration was not completed because the officer resigned as part of a settlement with the city). 97 Becerra v. Superior Court of City & Cty. of San Francisco, 44 Cal. App. 5th 897 (1 Dist. 2020) review denied (May 13, 2020) . 98 Ventura County Deputy Sheriffs' Assn v. Cty. of Ventura, 61 Cal. App. 5th 585, 590,594 (2 Dist. 2021); Walnut Creek Police Officers' Assn v. City of Walnut Creek, 33 Cal. App. 5th 940, 941-942 (1 Dist. 2019). 99 Becerra, 44 Cal. App. 5th at 927-929. Public Records Act Page 19 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act Further, as of July 1, 2019, the Act requires an agency to disclose audio and video recordings that relate to a "critical incident." A recording relates to a critical incident if it depicts an incident involving the discharge of a firearm at a person by a peace officer or custodial officer; or an incident in which the use of force by a peace officer or custodial officer resulted in death or great bodily injury.loo Additionally, recent legislation has imposed requirements on law enforcement agencies to make available online all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made pursuant to the Public Records Act.1o, The foregoing is a brief overview of this detailed and complex exemption. Police and code enforcement staff should familiarize themselves with the complete requirements of this Section prior to responding to requests for arrest and complaint information. (8) Information required from any taxpayer in connection with the collection of local taxes. Gov't Code § 7925.000. This exemption applies to information that a city or other local agency requires from any taxpayer in connection with the collection of local taxes if that information is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information. One frequent example of this is the submittal of sales or income information under a business license tax requirement where the city has indicated in its business license tax ordinance that the financial information provided will be kept confidential. If the business license is required by ordinance to list the amount of tax paid and be posted at the place of business, however, the amount of tax paid arguably is not confidential. (9) Library circulation records. Gov't Code §7927.100. While this exemption protects from disclosure library circulation records kept for the purpose of identifying the borrower of items available in libraries, it is not applicable to records of fines imposed on the borrowers. ioo Gov't Code § 7923.625. 101 Penal Code § 13650. Public Records Act Page 20 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (10) Records exempt from disclosure under other laws including, but not limited to, the Evidence Code sections relating to privilege. Gov't Code § 7927.705. This provision of the Public Records Act exempts from disclosure every document held by a local agency that is legally privileged or confidential under some law outside the Public Records Act. The most common example of this exemption protects documents subject to the attorney -client privilege or the attorney work - product doctrine. It is important to note that neither the Public Records Act nor the Brown Act abrogate those important privileges for communications between a local agency and its legal counsel.102 For example, in Los Angeles County Board of Supervisors v. Superior Court, the Supreme Court ruled that the attorney -client privilege protects the confidentiality of invoices for legal work in pending and active legal matters.103 The Court reasoned that such invoices are so closely related to attorney -client communications that they may reveal legal strategy or consultation. The Court emphasized, however, that the attorney -client privilege does not categorically shield everything in a billing invoice from PRA disclosure. This case also reaffirms the principle that the Public Records Act does not permit public agencies to withhold an entire document that contains both exempt and nonexempt information. On this point, the Supreme Court ruled that agencies must "use the equivalent of a surgical scalpel to separate those portions of a record subject to disclosure from privileged portions" unless records are not "reasonably segregable."104 Further, the Court stressed that any ambiguity must be construed in "whichever way will further the people's right of access."105 On remand, the Court of Appeal clarified that specific billing entries and descriptions of work contained in attorney invoices are not subject to disclosure under the PRA, whether they related to pending, ongoing or long -concluded legal matters. The Court further found that cumulative fee totals contained in attorney invoices for pending or ongoing legal matters are also protected from disclosure by the attorney -client privilege. And finally, it found that cumulative fee totals for matters concluded long ago may be subject to disclosure only if the cumulative fee totals do not reveal anything about the legal consultation or 102 Roberts v. City of Palmdale, 5 Cal. 4th 363, 377 (1993). 103 Los Angeles County Board of Supervisors v. Superior Court (ACLU of Southern California), 2 Cal. 5th 282 (2016). 104 Id. at 292. 105 Id. (citing Ardon v. City of Los Angeles, 62 Cal. 4th 1176, 1 190 (2016), and Cal. Const., art. I, § 3, subd. (b) (2)). Public Records Act Page 21 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act provide any insight into legal strategy.106 Whether or not any particular fee total must be disclosed is a factual inquiry for the trial court.107 While a full discussion of attorney -client privilege and attorney work product is outside the scope of this Handbook, it is worth noting that a court may find waiver of the privilege when a city and developer share communications prior to approval of a development project under the California Environmental Quality Act (CEQA). In Citizens for Ceres v. Superior Court, the appellate court held that a city waived those privileges for communications it sent to a developer prior to approval of a development project under CEQA.108 The court held that the "common interest doctrine," which generally allows disclosure of privileged communications to third parties with a common interest in a legal matter, did not apply to prevent the city's waiver.109 As a result, the city was required to include its attorneys' communications with the developer in the administrative record it prepared. In contrast, in another more recent CEQA case, Golden Door Properties, LLC v. Superior Court, the appellate court ruled a common interest existed between a county and developer prior to project approval because the plaintiffs had previously sued both the applicant and the lead agency twice before project approval.110 In light of these differing opinions, local agencies should be cautious in sharing documents and legal opinions prepared by the agency's attorney with a project developer, and recognize that in the event it does share such documents and opinions of its attorneys, in some cases those disclosures may waive the agency's privilege. In Labor and Workforce Development Agency v. Superior Court, the Court of Appeal extended the protection afforded by Section 7927.705 to documents revealing the deliberative process of an agency, even going so far as to prevent the disclosure of the identities of persons with whom the agency confidentially communicated, and the general subject matter of the communications.,11 Determining which other confidentiality laws are incorporated into the Public Records Act has always been difficult and time-consuming. In 1998, the Legislature attempted to address this problem by enacting a statute that lists most of the exemptions found in other Iaws.112 The list now begins at Government Code Section 7930.005 and continues for more than 20 pages. Although the Public Records Act cautions that this list may not be complete, it is a helpful list. 106 County of Los Angeles v. Superior Court, 12 Cal. App. 5th 1264, 1274 (2 Dist. 2017). 107 Id. 108 Citizens for Ceres v. Superior Court (City of Ceres), 217 Cal. App. 4th 889, 922 (5 Dist. 2013). 109 Id. at 914-921 . 110 Golden Door Properties, LLC v. Superior Court of Son Diego County, 53 Cal. App. 5th 733, 755-756 (4 Dist. 2020), review denied (Nov 10, 2020). 111 Labor & Workforce Dev. Agency v. Superior Court, 19 Cal. App. 5th 12 (3 Dist. 2018). 112 Stats. 1997, c. 620 (S.B. 143- Kopp). Public Records Act Page 22 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (11) Personal financial information required of licensees. Gov't Code § 7925.005. When a local agency requires that applicants for licenses, certificates, or permits submit personal financial data, that information is confidential. This exemption, however, does not apply to financial information filed by a franchisee to justify a rate increase, presumably because those affected by a rate increase have a right to know its basis.113 The term "license" was narrowly construed by the court in San Gabriel Tribune v. Superior Ct. to exempt financial information of applicants whose business with the agency is only public because they must comply with licensing requirements and regulations. To give effect to the Public Records Act policy that favors disclosure over secrecy in government, the court concluded that a franchisee is akin to a contractual relationship and is not an applicant for a license under Section 7925.005. (12) Terrorist assessment reports. Gov't Code § 7929.200. A document prepared for or by a local agency that assesses its vulnerability to terrorist attacks or other criminal acts intended to disrupt the local agency's operations is exempt from disclosure if the document is prepared for distribution or consideration in a closed session of the local agency. (13) Voter registration information. Gov't Code § 7924.000. The home address, telephone number, email address, precinct number, and prior registration information shown on voter registration cards is confidential. Disclosure of that information is permitted only to candidates and campaigns, and to any person for election, scholarly, journalistic, or political purposes pursuant to Section 2194(a) (3) of the Elections Code. The driver's license number, social security number and signature of the voter shown on the voter registration card are also confidential and cannot be disclosed to any person.114 We believe that this exemption extends to any document that by law must include the information made confidential by this Section, including applications for absentee ballots and returned absentee ballot packages. However, voter registration information identified under Section 7924.000 of the Government 113 San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 779-780 (2 Dist. 1983). 114 Elec. Code § 2194(b)(1). Public Records Act Page 23 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act Code must be made available to the public if the information is at least one hundred years old.115 (14) Utility customer information. Gov't Code § 7927.410. The name, credit history, utility usage data, home address, and telephone number of utility customers of local agencies are exempt from disclosure, except in certain circumstances. This information may be disclosed to authorized family members of the person to whom the information pertains or his or her agent, to an officer or employee of another governmental agency when necessary to perform official duties, or upon court order or the request of law enforcement for an ongoing investigation. In addition, the information may be disclosed if the utility customer has used the utility services in a manner inconsistent with applicable local utility usage policies. If the utility customer is a public official with authority to determine utility usage policies, the information may be disclosed except that the home address of an appointed official may not be disclosed without the official's consent. Lastly, the information may be disclosed if the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure . (15) Unauthorized Internet posting of officials' addresses and telephone numbers. Gov't Code §§ 7928.205 - 7928.230 The posting of the home address or telephone number of any elected or appointed official on the internet by a local agency without that individual's written permission is prohibited. The definition of "elected or appointed officials" includes, but is not limited to, members of a city council, members of a board of supervisors, mayors, city attorneys, police chiefs, and sheriffs. It is a misdemeanor for any person to post such information with the intent to cause bodily injury to the official, his or her spouse or child. The official may bring an action for damages under certain circumstances. If bodily injury occurs as a result of the posting, then the posting could become a felony. If a person, business, or association publicly posts on the internet the home address or telephone number of any elected or appointed official, the official may make a written demand to have the information removed. An official may bring an action in court to seek injunctive relief in the event the posting is not > > 5 Elec. Code § 2194.1. Public Records Act Page 24 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act removed or is posted again during the four years that the written demand is in effect.116 (16) Social Security Numbers. Gov't Code § 7922.200. Local agencies must redact social security numbers from records before disclosing them to the public. (17) Records and Information of the Controller Obtained pursuant to the Unclaimed Property Law. Gov't Code § 7527.425 and 7925.015 AB 2280 amended the Public Records Act to exempt records and information of the Controller obtained pursuant to the Unclaimed Property Law. This exempts records that the Controller and any third -party auditors obtain as a result of an examination of records pursuant to Section 1571 of the Code of Civil Procedure, other than records of property that should have been reported to the Controller as unclaimed property. It also exempts records related to statements of personal worth or personal financial data, including, but not limited to, wills, trusts, account statements, earnings statements, or other similar records and personal information as defined by Section 1798.3 of the Civil Code, (18) General public interest exemption. Gov't Code § 7922.540. In cases where a specific statutory exemption does not apply, a record still might be exempt from disclosure if: on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.,17 The numerous cases examining this "balancing test" make it clear that the burden is on the local agency to show that the public interest in confidentiality outweighs the public interest in disclosure. In fact, given the public policy involved, courts demand a demonstration of "clear overbalance" to justify non-disclosure.,18 116 Note, however, that at least one court has indicated that this law may be unconstitutional where applied to prohibit the publication of contact information that is truthful information about a matter of public concern where the information published was lawfully obtained. Publius v. Boyer -Vine, 237 F. Supp. 3d 997, 1016, 1021 (E.D. Cal. 2017). 117 Gov't Code § 7922.000 and 7922.540. 118 City of Hemet, 37 Cal. App. 4th at 1421; see also Black Panther Party, 42 Cal. App. 3d at 657. Public Records Act Page 25 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act In practice, very few local agencies have been able to convince reviewing courts that the public interest in confidentiality outweighs the interest in disclosure. In the absence of a specific statutory exemption, this "catch-all" distinction rarely has been successfully relied upon to justify nondisclosure. Thus, local agencies must in good faith find a relatively rare "clear overbalance" to justify confidentiality on this ground.119 The right of privacy may provide a basis to shield disclosure of information under Government Code Section 7922.540. For example, relying on the right of privacy, the California Supreme Court ruled that disclosure of raw automated license plate reader data collected by a police department was protected from disclosure under this catch-all exemption.12o The unaltered license plate scan data consisted of the plate number, date, time, and location information of each license plate record.121 The Supreme Court found that the act of revealing the data would jeopardize the privacy of everyone associated with a scanned plate which was a significant threat to privacy because more than one million scans were conducted per week, and on that basis concluded that the public interest in preventing such disclosure "clearly outweighs the public interest served by disclosure of" these records. 122 In a recent case during the COVID-19 pandemic, an appellate court upheld San Diego County's withholding of the specific location of COVID-19 outbreaks from a "confirmed outbreaks spreadsheet" disclosed to news media under the catchall exemption.123 The county provided uncontradicted evidence from the public health officer that disclosing the exact name and address of an outbreak location would have a chilling effect on the public's willingness to cooperate with contact tracing efforts.124 The court ruled that the value of the county's ability to conduct effective contact tracing clearly outweighed the public's interest in obtaining information about the exact outbreak locations, concluding that the evidence did not support the news media's contentions that a member of the public can better avoid COVID-19 infection if he or she knows of the particular locations where outbreaks occurred.125 119 See, e.g., Michaelis, Montanari & Johnson v. Superior Court (City of Los Angeles Dept. of Airports), 38 Cal. 4th 1065 (2006) (holding under "catch-all" exemption that proposals for lease and development of a hangar facility at public airport were exempt from disclosure until City had completed negotiations where negotiations were part of the competitive process). 120 American Civil Liberties Union Foundation v. Superior Court, 3 Cal. 5th 1032, 1043-1044 (2017). 121 Id. at 1043. 122 Id. at 1044. 123 Voice of San Diego v. Superior Court of San Diego County, 66 Cal. App. 5th 669, 672-673 (4 Dist. 2021), review denied (Oct. 27, 2021). 124 Id. at 692-693. 125 Id. Public Records Act Page 26 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act Two other areas in which a public interest in nondisclosure has been upheld involve public records disclosure that would adversely affect the deliberative process of a local agency, or the personal security of a public official. In Times Mirror Co. v. Superior Court,126 for example, the State's refusal to release the Governor's schedule and appointment calendar out of concern for the Governor's personal safety was upheld. Additionally, the State asserted that the disclosure of appointment calendars and schedules would "chill the flow of information" to the Governor and inhibit the free exchange of ideas in private meetings. The breadth of the request, however, may affect the balancing of interests. The public interest in nondisclosure may be less where the request is carefully focused and confined to a few documents.127 The Governor's office won another Public Records Act case on the "deliberative process privilege" and the exemption for "correspondence of and to the Governor"128 justifications in 1998 when the office refused to disclose applications submitted to the Governor for an appointment to a vacancy on a board of supervisors.129 On the local level, a city's refusal to disclose the telephone records of council members was upheld to protect the same "deliberative process privilege."130 Far more often, however, courts have found the public interest in disclosure outweighs the interest in confidentiality. Similarly, the Attorney General has issued several opinions favoring disclosure. Some illustrative cases and Attorney General opinions in this area include the following: • Becerra v. Superior Court of City & Cty. of San Francisco (First Amendment Coalition et OQ131 Penal Code Section 832.7 generally requires disclosure of all responsive records in the possession of the Department of Justice, regardless of whether the records pertain to officers employed by the department or by another public agency and regardless of whether the department or another public agency created the records. Government Code Section 7922.540 may apply to records that are subject to disclosure under Penal Code Section 832.7, but while an agency may invoke the exception based on the concern that segregating nonexempt from exempt information would be unduly burdensome, for the exception to apply to withhold responsive records the agency must establish a clear overbalance on 126 Times Mirror Co. v. Superior Court (State of California), 53 Cal. 3d 1325 (1991). 127 Id. at 1344-46. 128 Gov't Code § 7928.000. 129 California First Amendment Coalition v. Superior Court (Wilson), 67 Cal. App. 4th 159 (3 Dist. 1998); see also Wilson v. Superior Court (Los Angeles Times), 51 Cal. App. 4th 1 136 (2 Dist. 1997), as modified. 130 Rogers v. Superior Court (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993). 131 44 Cal. App. 5th 897 (1 Dist. 2020). Public Records Act Page 27 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act the side of confidentiality. The Department of Justice failed to make such a sufficient showing, despite arguing they faced an "`onerous burden of reviewing, redacting, and disclosing records regarding other agencies' officers, which involves `potentially millions of records"' to disclose records under Penal Code Section 832.7. • Connell v. Superior Court (Intersource, Inc.)132 Records relating to unpaid state warrants are public records and must be disclosed. The public interest in disclosure outweighs the public interest in preventing possible fraud that could be assisted through the release of too much information about the State's warrant system. The fact that the request was made solely for commercial purposes and profit did not affect the balancing test.133 • Copley Press, Inc. v. Superior Court (M.P.R. - a minor)134 As a matter of law, no compelling reason exists to seal the court records of a settlement reached between the insurer for a school district and a minor student who was sexually assaulted at school. The amount of settlement is a matter of public record. • CBS, Inc. v. B/ock135 The possibility that public disclosure of applications for concealed weapons permits would discourage the filing of new applications, or that such disclosure might increase applicants' vulnerability to attack, did not justify nondisclosure. • Braun v. City of Taft (Polston)136 A City's nondisclosure of personnel records and letters appointing an employee and then rescinding the appointment was not justified by the theory that future applicants would not be candid if they knew personal information would be made public. 132 56 Cal. App. 4th 601 (3 Dist. 1997). 133 Government Code section 7921.300 states that the Public Records Act "does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure." 134 63 Cal. App. 4th 367 (4 Dist. 1998). 135 42 Cal. 3d 646 (1986). 136 154 Cal. App. 3d 332 (5 Dist. 1984). Public Records Act Page 28 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act • Humane Society of U.S. v. Superior Court (The Regents of the University of California)137 A public university's nondisclosure of certain information relating to an academic study was justified because the interest in protecting the academic research process outweighed the interest in public disclosure. Disclosure would "fundamentally impair" the academic research process and the public would suffer because the "`quantity and quality' of ... academic research on important issues of public interest would be adversely affected."138 • Los Angeles Unified School District v. Superior Court (Los Angeles Times) 139 A school district's decision to redact the names of teachers in a statistical model measuring each teacher's effect on students' standardized test scores was proper because the detrimental interference with the district's ability to function properly clearly outweighed the interest in public disclosure. The scores had already been released to the public categorized by school, grade, subject, and demographics; to require additional disclosure would sow discord among parents and teachers. • Long Beach Police Officers Assn. v. City of Long Beach (Los Angeles Times) 140 In a request by a newspaper for the names of peace officers involved in a fatal shooting, the California Supreme Court held that vague safety concerns - which apply equally to all officers involved in shootings that result in severe injury or death - were outweighed by the public's interest in such incidents.141 The California Supreme Court held that in order for names of peace officers involved in such incidents to be exempt from disclosure, there must be a particularized showing of safety concerns regarding those officers. • 90 Ops. Cal. Atty Gen. 40 (2007) County recorder's accounting records that include a payment receipt showing the documentary transfer tax amount is subject to inspection under the Public Records Act. While the statutory scheme allows the documentary transfer tax to appear on a separate paper rather than on the recorded property conveyance 137 214 Cal. App. 4th 1233 (3 Dist. 2013). 138 Id. at 1263. 139 228 Cal. App. 4th 222 (2 Dist. 2014). 140 59 Cal. 4th 59 (2014). 141 Since the Long Beach decision, amendments to Penal Code Section 832.7 require that peace officer records relating to an incident involving the discharge of a firearm at a person by a peace officer or custodial officer or an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or in great bodily injury must be made available to the public under the Public Records Act. Public Records Act Page 29 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act document, that procedure provides only limited privacy protection for property owners and does not make the documentary transfer tax amount confidential. • 81 Ops. Cal. Atty Gen. 383 (1998) Claims for senior citizens' exemptions from assessment of a parcel tax levied by a school district are subject to inspection by members of the general public. The concern that the residents' privacy would be compromised by solicitors targeting senior citizens was insufficient to overcome the public interest in disclosure. X. WHAT IS THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST? The following is a brief outline of the proper response procedure, as required by Government Code Sections 7922.525 et seq. A. The agency has ten calendar days to determine whether to grant the request. Grounds for refusing a request include: • The request does not seek records which are "reasonably segregable" from records which are exempt from disclosure;142 • The request does not reasonably describe an identifiable record;143 • The request would require the agency to create new records not currently in existence; or144 • The request seeks records which are exempt from disclosure.145 Note, however, that the Public Records Act requires the disclosure of "reasonably segregable" portions of records. This means that if portions of a record are exempt and other parts of the same record are not, the non-exempt portions of the document must be disclosed.146 142 Gov't Code § 7922.525. 143 Gov't Code § 7922.530(a). 144 Based upon the definition of "writing," Gov't Code § 7920.545, and the requirement that a requested record be "identifiable," Gov't Code § 7922.530(a). See note 22. 145 Gov't Code § 7922.530(a). 146 Gov't Code § 7922.525. Public Records Act Page 30 © 2023 Richards, Watson & Gershon 2769535 Part One: Comoliance with the Public Records Act B. In "unusual circumstances" the agency may take up to an additional 14 calendar days to make the determination whether to grant the request. "Unusual circumstances" must be one of the following: • The need to search for and collect the requested records from field facilities or other locations separate from the office processing the request;147 • The need to search for, collect, and examine a voluminous amount of separate and distinct records demanded in a single requesl;148 • The need for consultation with another agency having a substantial interest in the request or among two or more components of the agency having an interest in the subject matter of the requesl;149 or • The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.l5o If the agency intends to use this additional time to respond, the agency must provide written notification to the requester that the additional time is required, the reason for the delay, and the date on which a determination will be given.151 C. When the agency has made a determination, the requester must be promptly notified of the agency's determination. This notification should be in writing and should include the following information: • Whether the request is being granted or denied;152 • If the request is being granted, the estimated date and time when the records will be made available (or where the records are located on the agency's website);153 147 Gov't Code § 7922.535(c) (1). 148 Gov't Code § 7922.535(c) (2). 149 Gov't Code § 7922.535(c) (3). 150 Gov't Code § 7922.535(c) (4). 151 Gov't Code § 7922.535(b). 152 Gov't Code § 7922.535(a). 153 Gov't Code § 7922.535(a). Public Records Act Page 31 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act • If the request was made in writing and is being denied, in whole or in part, the response must be in writing and include the extent and the reasons for the denial;154 • The name and title or position of the person responsible for the denial;155 • The cost or an estimate of the cost of copying the records, if a copy is requested, and a request for pre -payment. Note that this is only the direct cost of duplication, or a statutory fee, if applicable, and does not include staff time to research, retrieve, or compile the records.156 However, if the document requested is in electronic form, the agency may charge the full cost of reproducing the document when the record is one that is produced only at otherwise regularly scheduled intervals, or the request would require data compilation, extraction, or programming to produce the record.157 • The option to inspect the requested records at a mutually convenient time during office hours.158 • A requester who inspects a disclosable record on the agency's premises has the right to use their own equipment on those premises, within reasonable limits necessary to protect the safety of the records or to prevent unnecessary burden on the orderly function of the agency and its employees, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record.159 • If in response to a public records request the agency directs a member of the public to the location of that public record on its website, the agency must still promptly provide a copy of the record itself if the member of the public requests a copy due to his or her inability to access or reproduce the public record from the website.160 154 Gov't Code §§ 7922.540, 7922.535. 155 Gov't Code §7922.540(b). 156 Gov't Code § 7922.530(a); North County Parents Organization v. Dep't of Education, 23 Cal. App. 4th 144 (4 Dist. 1994). 157 Gov't Code § 7922.575 ; see also Nat'I Lawyers Guild v. City of Hayward, 9 Cal. 5th 488 (2020) (finding that retrieving and editing raw video footage in response to a public records request does not qualify as "data extraction" within the meaning of the Public Records Act and therefore public agencies may not recover their costs for that process). 158 Gov't Code § 7922.525. 159 Gov't Code §7922.530(c). However, Health and Safety Code Section 19851 provides separate procedures for obtaining duplicates of official copies of building plans. 160 Gov't Code §7922.545. Public Records Act Page 32 © 2023 Richards, Watson & Gershon 2769535 Part One: Comoliance with the Public Records Act D. In addition to the above requirements, if the local agency determines that the request should be denied and the reason for the denial is not solely because of a statutory exemption, the agency must also: • Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated;161 • Describe the information technology and physical location in which the records exist;162 • Provide suggestions for overcoming any practical basis for denying access to the records or the information sought.163 Alternatively, a local agency may forego these requirements if it instead makes available an index of the record.164 E. Upon payment of the cost of duplication, the agency must make the records "promptly available."165 F. Please note that the agency may not use this procedure to "delay or obstruct the inspection or copying" of public records.166 G. The local agency may provide guidelines for "faster, more efficient, or greater" access to records than provided by the Act.167 XI. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT? Unlike other open government laws, the Public Records Act does not criminally penalize a local agency for its failure to comply with the Act. Nor does it subject a local agency to money damages for a violation.168 However, if a person requesting public records believes records have been improperly withheld, he or 161 Gov't Code § 7922.600. 162 Gov't Code § 7922.600. 163 Gov't Code § 7922.600. 164 Gov't Code § 7922.605. 165 Gov't Code § 7922.530(a). 166 Gov't Code § 7922.500. 167 Gov't Code § 7922.505. 168 County of Santa Clara v. Superior Court (Naymark), 171 Cal. App. 4th 119, 130 (6 Dist. 2009). Public Records Act Page 33 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act she may ask a court to compel a local agency to disclose the records.169 Any person who prevails in enforcing his or her rights under the Act in court is entitled to receive court costs and reasonable attorneys' fees.170 Courts have deemed a person to be the "prevailing party" for purposes of awarding costs and fees if filing of the lawsuit motivated the local agency to produce any documents.171 The production of just one document can be sufficient to trigger an award of costs and fees.172 In the past, where the court determined the litigation was not what ultimately motivated the release of records, costs and fees were denied.173 One court held that an award of attorneys' fees was appropriate even though no additional records were produced as a result of the lawsuit.174 The local agency in that case had repeatedly refused to accept a requester's oral request to inspect public records and forced the requester to make her request in writing, constituting a general denial of access to all public records and justifying an award of attorneys' fees under the circumstances. XII. CONCLUSION This Handbook provides a brief overview of some of the most important provisions of the Public Records Act that frequently arise for local government agencies. There are, however, many other provisions not covered by the scope of this Handbook. Additionally, each factual situation contains nuances specific to the particular situation that may impact the analysis. Because it is important to comply with the Public Records Act within a relatively short time frame, it is critical to seek the advice of counsel if there is any question as to the appropriate course of action. 169 Gov't Code §§ 7923.000 and 7923.005; see also Stevenson v. City of Sacramento, 55 Cal. App. 5th 545 (3 Dist. 2020) (appellant seeking injunctive relief under Gov't Code § 6258 [now §§ 7923.000 and 7923.005] may be required to post a bond pursuant to Cal. Civ. Code § 529 prior to the court issuing a preliminary injunction on appellant's behalf). 170 Gov't Code §7923.115. 171 Los Angeles Times v. Alameda Corridor Transportation Authority, 88 Cal. App. 4th 1381, 1391 (2 Dist. 2001); Rogers v. Superior Court, 19 Cal App. 4th 469, 482 (2 Dist. 1993); Nat'l Conference of Black Mayors v. Chico Cmty. Publ'g, Inc., 25 Cal. App. 5th 570 (3 Dist. 2018) (newspaper that fought third party effort to prevent disclosure of public records sought by the newspaper was not entitled to attorneys' fees under the Public Records Act because newspaper did not bring an action against the City to compel disclosure under the Act). 172 Los Angeles Times, 88 Cal. App. 4th at 1392. 173 Id. at 1391; Crews v. Willows Unified School District, 217 Cal. App. 4th 1368, 1381-82 (3 Dist. 2013). 174 Galbiso v. Orosi Public Utility District, 167 Cal. App. 4th 1063, 1086-1089 (5 Dist. 2008). Public Records Act Page 34 © 2023 Richards, Watson & Gershon 2769535 PART TWO. ELECTRONIC RECORDS Public Records Act Page 35 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records ELECTRONIC RECORDS Advances in computer technology have significantly altered the method of communication with and between public officials and employees, but these technological developments have outpaced public records legislation. Email, electronic documents created on word processors, and web pages (including social media pages) do not readily fit into the categories of disclosure under decades -old laws. The courts have had to fit the round peg of electronic documents into the square hole of state law on several occasions. In Aguimatang v. California State Lottery, the Court of Appeal rejected a defendant's argument that the plaintiff's computer records "were not made at or near the time of the event" and therefore did not qualify as an admissible "writing" under the evidentiary rules for business records.15 The records were recorded on magnetic tape on the day the events of the case took place, but were not printed out until twenty-two months later. The court concluded that the magnetic tape, not just the printout, constituted a "writing" under the Evidence Code: Chanquin cites no authority holding that the retrieval, rather than the entry, of computer data must be made at or near the time of the event. Thus, although to qualify as a business record the "writing" must be made at or near the time of the event, "writing" is not limited to the commonly understood forms of writing but is defined very broadly to include all "means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof." Evid. Code § 250. Here, the "writing" is the magnetic tape. The data entries on the magnetic tapes are made contemporaneously with the Lotto transactions, hence qualify as business records. The computer printout does not violate the best evidence rule, because a computer printout is considered an "original." Evid. Code § 255.16 Similarly, in People v. Martinez, the California Supreme Court held that records from a state computer system of a defendant's prior criminal convictions were admissible as "official records" under the Evidence Code.177 In an attempt to catch up, in 2002 the Legislature enacted Assembly Bill 1962 ("AB 1962"), modifying the definition of "writing" under the Public Records Act and the Evidence Code to include "photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any 15 Aguimatang v. California State Lottery, 234 Cal. App. 3d 769 (3 Dist. 1991). 176 Id. at 798. 177 People v. Martinez, 22 Cal. 4th 106 (2000). Public Records Act Page 36 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof," and clarifying that the definition applied "regardless of the manner in which the record has been stored." 178 The legislative reports for AB 1962 cited to Aquimatang and Martinez to establish that the amendment was declaratory of existing law. The reports also observed that in an earlier case, a court of appeal stated that the definition of writing in the Public Records Act was "intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record -keeping instrument as it is developed." 19 Under the 2002 legislation, emails and other electronic documents are records subject to disclosure and present their own unique issues for local governments. In 2009, the State Legislature enacted rules relating to the discovery of electronically stored information, similar to the rules enacted by the Federal Government in 2006. In 2006, the Federal Rules of Civil Procedure were revised to require parties in federal lawsuits to address the production and preservation of electronic records.180 Under the 2006 Rules, a public entity should have an electronic retention practice and policy that ensures that electronic documents relevant to federal litigation are appropriately preserved. Rule 37 of the Federal Rules of Civil Procedure authorizes federal courts to impose sanctions on parties and their attorneys who fail to comply with discovery obligations and court orders. City websites, in turn, raise questions about public rights of access. Websites are an important means of providing residents with access to information. An improperly framed policy on website use, however, could result in violations of the Brown Act, infringe upon residents' First Amendment rights, and even violate disability access laws. Consequently, it is important to establish clear policies governing website design and use. This Part Two on Electronic Records will begin by discussing the types of email that are public records, and what exemptions under the Public Records Act might justify nondisclosure. Other unique issues raised by the use of email are also explored, such as emails sent or received by public officials and employees on nongovernmental accounts, email threads and the potential risk of using email to create an unlawful serial meeting under the Brown Act. We then look at the Public Records Act requirements for disclosure of other types of electronic records, including Geographic Information Systems. 178 Stats. 2002, c. 945 (A.B. 1962—Hollingsworth) (amending Gov't Code § 6252 and Evid. Code § 250). 179 Assembly Committee on Judiciary, Report on AB 1962, May 14, 2002 (citing San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 774 (1 Dist. 1983)). 180 Fed. R. Civ. P. 26. Public Records Act Page 37 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The discussion then turns to other concerns raised by electronic records, including litigation discovery and metadata. We close with a discussion of city websites, including some of the legal issues that a public entity should consider when establishing and running a website. I. EMAIL Given that email can be a public record under Government Code Section 7920.545, in most circumstances a public entity is under an obligation to disclose email upon request. However, there are a number of complications, and despite AB 1962's attempt to respond to the changed method of communication, the bill provided nothing in the way of specifics. A. Is the Email a Public Record? Under the Public Records Act, certain exemptions might apply to justify withholding an email. But a fundamental question - one that must be considered before determining whether an exemption applies - is whether the document qualifies as a "public record" of the local agency. (1) Personal Messages Documents disclosable under the Public Records Act must be "prepared, owned, used, or retained by any state or local agency," and must contain information "relating to the conduct of the public's business."181 Although this covers a very broad range of documents, it does not cover every document. For example, emails on entirely personal subjects unrelated to local agency business would not relate to the conduct of the public's business, and therefore would not constitute "public records" under Section 7920.530.182 A harder determination is whether a personal email that only mentions a city issue in passing would relate to the conduct of the public's business. In 2017, the California Supreme Court held the determination of whether a particular email qualifies as a public record, particularly for emails kept in personal accounts, will involve the consideration of a number of factors and may not always be clear.183 The court suggested examining the content and context of the email, the purpose for which it was written and to whom, and whether the email was prepared by an employee purporting to act within the scope of his or her employment.184 181 Gov't Code § 7920.530(a). 182 City of San Jose, 2 Cal. 5th 608, 618-19. 183 Id. at 618. 184 Id. Public Records Act Page 38 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records (2) Emails Sent or Received Using Personal Devices and Personal Accounts Staff frequently asks whether emails sent or received on a nongovernmental account (such as personal Gmail, Yahoo Mail, or Hotmail accounts), or from a home computer or smartphone, and which pertain to local agency business, qualify as a public record. The California Supreme Court decided this very issue, and held in a unanimous decision that the presumptive right of access of the PRA extends to emails and texts sent or received on nongovernmental accounts, whether on private or government -issued devices, used by local agency employees or officials that relate to the business of that local agency.185 In City of San Jose v. Superior Court, a request for 32 categories of public records was filed with the City of San Jose.186 The request included emails and text messages sent or received on private electronic devices used by the mayor, two City council members, and their staff.187 The City argued such emails were outside the reach of the PRA, both because the emails were not directly accessible to the City and thus did not qualify as writings "prepared, owned, used or retained" by the City under the Section 7920.530 definition of "public records," and because neither employees nor officials are included within the governmental entities listed in the definition of "local agency" under Section 7920.510.188 The Court found neither argument persuasive when considering the legislative intent of the PRA and the constitutional directive to a broadly construed right of public access.189 The California Supreme Court found no indication "the Legislature meant to allow public officials to shield communications about official business simply by directing them through personal accounts."190 The court did acknowledge the inherent balance that must be struck between the public's rights of access and an individual employee's or official's right of privacy, and sought to offer some limited guidance for how searches should be conducted for records sent or received on nongovernmental accounts that pertain to the public's business.191 Foremost, the California Supreme Court stated it is the local agency itself that is in the best position to adopt policies that will reduce the likelihood of public records being held in the private, nongovernmental accounts of local agency employees 185 Id. at 629. 186 Id. at 614. 187 Id. at 615. 188 Id. at 619-20. 189 Id. at 620-21. 190 Id. at 624. 191 Id. at 627-29. Public Records Act Page 39 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records or officials that pertain to the public's business.192 Barring such a policy, the court stated that a local agency's first step upon receiving a PRA request that implicates nongovernmental accounts should be to communicate the request to the individual or individuals in question.193 A local agency may then reasonably rely on those individuals "to search their own personal files, accounts and devices for responsive material."194 Citing both federal precedent under the FOIA and a holding by the Washington Supreme Court under its state public records law, the California Supreme Court also discussed an employee or official submitting an affidavit that would give the local agency, requester, and ultimately the trial court reassurance that responsive records were appropriately searched on nongovernmental accounts.195 Such an approach also strikes "an appropriate balance" with the individual's right of privacy in their personal affairs.196 The California Supreme Court's ruling in City of San Jose v. Superior Court is likely to have far-reaching consequences for public agencies; however, a number of questions remain unanswered by the court's decision. Since the City of San Jose refused to produce any emails from a nongovernmental account in response to the original PRA request, disputes over the content of specific emails and whether or not they fall under the definition of "public record" will likely be decided in subsequent proceedings.197 Similarly, the decision does not address at what point a suggested search in response to a PRA request would become an unwarranted invasion on the privacy of a local agency employee or official.198 In responding to requests for communications sent or received on an individual's nongovernmental account, it is advisable to consult with your legal counsel. Counsel should also be consulted if an agency requires access to potentially responsive documents or communications that are on an employee's private device and not accessible to the agency (for example, documents saved on an employee's home computer hard drive). Our office is also available to help draft policies on how to reduce the likelihood that public records will be held in an agency employee's or official's private nongovernmental account, how to conduct searches into nongovernmental accounts when necessary, and how to work with employees so the employees properly search their private, nongovernmental computers and smartphones, when necessary.199 192 Id. at 628. 193 Id. 194 Id. 195 Id. 196 Id. 197 Id. at 618. 198 Id. at 627. 199 Private, nongovernmental devices should never be seized by the agency, or accessed without the employee's consent, even if the agency believes the device contains material responsive to a PRA request. Public Records Act Page 40 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records B. Some Email may be Protected by the Deliberative Process Privilege or Mental Process Principle Emails differ from traditional printed documents: they may be prepared quickly and sent without proofreading, they may be conversational, or they may substitute for face-to-face or telephone communications. As described by the California Supreme Court, "the ease and immediacy of electronic communication has encouraged a commonplace tendency to share fleeting thoughts and random bits of information, with varying degrees of import, often to broad audiences."too As a result, they often reflect preliminary ideas and concepts, and may be subject to the deliberative process privilege, which was mentioned earlier in the discussion on the Public Records Act.2o1 Alternatively, the mental process principle may provide a basis for withholding emails. Before applying the deliberative process privilege to emails sent to a legislative body member, you should familiarize yourself with the Brown Act requirements regarding disclosure, discussed below in Section G. The deliberative process privilege and the mental process principle are very similar, and sometimes courts blur the distinction. Generally speaking, the deliberative process privilege is targeted at protecting from disclosure the decision making process of governmental agencies. Without that protection, candid discussion may be discouraged within an agency, thus undermining its ability to perform its functions.202 It is sometimes referred to as the "executive privilege, "203 but has been applied to records of both the executive branch (e.g., the governor) and the legislative branch (e.g., a city council).204 The mental process principle, on the other hand, appears to apply only to the members of an agency's legislative body when those members are enacting legislation, and protects from disclosure those records that would allow an inquiry into the "subjective motives or mental processes of legislators."205 The deliberative process privilege uses a balancing test, whereas the mental process principle does not, making the mental process principle exemption less subjective.206 (1) Deliberative Process Privilege Although the Public Records Act does not expressly contain a deliberative process exemption, the California Supreme Court held in 1991 that public records 200 1d. at 618. 201 See pages 20 and 24 of this Handbook. 202 Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325, 1342 (1991). 203 Sutter's Place v. Superior Court (City of Son Jose), 161 Cal. App. 4th 1370, 1378 (6 Dist. 2008). 204 Times Mirror Co., 53 Cal. 3d at 1345-46 (governor's calendars and schedule); Rogers v. Superior Court (City of Burbank), 19 Cal. App. 4th 469, 479 (2 Dist. 1993) (city council phone records). 205 Sutter's Place, 161 Cal. App. 4th at 1377. 206 1d. at 1377, 1379. Public Records Act Page 41 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records may be withheld on deliberative process grounds.207 The deliberative process privilege arises under the "catch-all" exemption contained in Section 7922.540 of the Government Code. Under the "catch-all" exemption, a public agency may justify nondisclosure by showing "that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." To apply the deliberative process privilege: • First, consider whether the record falls within the scope of the privilege. Generally, records that are predecisional and deliberative (opinion) fall within the scope, but some courts have not strictly applied a predecisional requirement and have permitted purely factual material that exposes the deliberative process to fall within the privilege.208 • Second, identify the public interest served by nondisclosure of the record. Four public interests that have been identified by the courts are: (1) Protection of the agency's decision -making process so that candid discussion within the agency is not discouraged;209 (2) Protection of certain limited communications with members of the public to ensure that the local agency receives the information it needs to make decisions and otherwise function;210 (3) Protection against confusion caused by premature exposure of the public to internal agency discussions before a policy is finalized;211 (4) Protection of the integrity of the decision -making process itself by confirming that "officials should be judged by what they decided, not for matters they considered before making up their minds."212 • Third, identify the public interest served by disclosure of the record. Courts have emphasized that a primary benefit of disclosing a local agency's records to the public is to promote government accountability. The public and the media have a legitimate need to 207 Times Mirror Co., 53 Cal. 3d at 1347. 208 Rogers, 19 Cal. App. 4th at 479-480 (rejecting a predecisional requirement and withholding from disclosure pure facts, that is, telephone numbers called by staff and city council members). 209 Times Mirror Co., 53 Cal. 3d at 1342. 210 Id. at 1344-45 (disclosure of governor's schedule and appointment calendar would "chill the flow of information" to the governor and inhibit the free exchange of ideas in private meetings). 211 California First Amendment Coalition v. Superior Court (Pete Wilson), 67 Cal. App. 4th 159, 170 (3 Dist. 1998). 212 Id. (internal quotations and citations omitted). Public Records Act Page 42 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records know whether government officials are performing their duties in a responsible and diligent manner.213 "Such access permits checks against the arbitrary exercise of official power and secrecy in the political process."214 • Fourth, balance the two public interests, and withhold the record from disclosure only if the identified public interest justifying nondisclosure "clearly outweighs" the public interest justifying disclosure.215 In balancing the scales, the weight of an identified public interest in disclosure is "proportionate to the gravity of the governmental tasks sought to be illuminated and the directness with which the disclosure will serve to illuminate."216 Because the public interest in nondisclosure must "clearly outweigh" the public interest in disclosure, if the interests are just about equal, the scales tip in favor of disclosure. In California First Amendment Coalition v. Superior Court (Wilson), the plaintiffs sought disclosure of records containing the names and qualifications of applicants for a temporary appointment to a local board of supervisors.217 The Governor's office looked extensively into the applicants' backgrounds to determine whether they were qualified for the position. The court upheld nondisclosure of the records under the deliberative process privilege. It reasoned that if the deliberative process privilege did not apply, the Governor would never be able to perform background checks, which is an essential part of selecting an applicant for a government position.218 In balancing the interests, the court concluded that the public's interest in disclosure of background information revealed in confidence by unsuccessful applicants was not significant and that the public interest in learning about the successful applicant's background would be satisfied after the appointment.219 The First Amendment Coalition case shows that the deliberative process privilege can apply to communications where the public interest in disclosure of deliberations prior to a decision is not significant and the outcome of those deliberations is a matter of public knowledge. For instance, the public could ultimately learn a council member's views about an item the City council is deliberating by attending the public meeting on the item. In such a case, emails 213 Times Mirror Co., 53 Cal. 3d at 1345. 214 CBS v. Block, 42 Cal. 3d 646, 651 (1986). 215 Gov't Code §7922.000. 216 Citizens for a Better Environment v. Department of Food & Agriculture, 171 Cal. App. 3d 704, 715 (3 Dist. 1985). 217 California First Amendment Coalition, 67 Cal. App. 4th at 164. 218 Id. at 171-72 (quoting Times Mirror Co., 53 Cal. 3d 1325, 1345). 219 Id. at 173-74. Public Records Act Page 43 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records discussing preliminary ideas and concepts about the item may be subject to the deliberative process privilege. Another example is provided by Times Mirror Co. v. Superior Court.220 In that case, the Los Angeles Times sought copies of the governor's appointment calendars and argued that "in a democratic society, the public is entitled to know how [the governor] performs his duties ...... 221 Disclosure of who the governor met with would reveal who was influencing his decisions. The governor argued disclosure of his calendar would reveal his deliberative process, and could discourage certain people from meeting with him. In balancing these interests, the California Supreme Court concluded that nondisclosure was justified, reasoning that "if the public and the governor were entitled to precisely the same information, neither would likely receive it. "222 The court added that the "massive weight" of the request (five years' worth of calendars), outweighed whatever merit there was in favor of disclosure.223 The court noted, however, that there may be circumstances under which the public interest in specific information is more compelling, and such a specific, focused request might tip the scales in favor of disclosure.224 Courts have emphasized the need for evidence in order to satisfy the local agency's burden of proof. In Citizens for Open Government v. City of Lodi, the City of Lodi withheld from the administrative record emails between City staff and the City's consultants regarding preparation of a revised EIR.225 Citizen groups sued, challenging in part the administrative record. Lodi argued the emails were exempt from disclosure pursuant to the deliberative process privilege because disclosure would hamper "candid dialogue and a testing and challenging of the approaches to be taken.11226 The Court of Appeal disagreed, finding that Lodi had failed to establish the conditions for creating the privilege, because Lodi had done nothing more than cite the policy behind the deliberative process privilege without explaining why the facts in this particular case justified invocation of the privilege.227 However, because the Court of Appeal was deciding the case under the California Environmental Quality Act ("CEQA"), and not the Public Records Act, the Court found there was no prejudice and refused to reverse the lower court's ruling.228 220 Times Mirror Co., 53 Cal. 3d at 1344. 221 Id. 222 Id. at 1345. 223 Id. 224 Id. at 1345-1346. 225 Citizens for Open Government v. City of Lodi, 205 Cal. App. 4th 296, 305 (3 Dist. 2012). 226 Id. at 306. 227 Id. at 307. 228 Id. at 311. Public Records Act Page 44 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records In comparison, the public entity in Humane Society of the United States v. Superior Court, provided detailed declarations from an employee and expert explaining why disclosing certain research documents would harm the research process.229 The Humane Society sought disclosure of certain records and communications related to the preparation of a study by the University of California involving housing of egg -laying hens, and the University claimed various privileges including deliberative process. The detailed declarations of the research project director submitted by the University seemed to sway the court; the court quoted them at length in the decision.230 One declaration explained how researchers at the University tried new ideas and approaches, frequently brainstorming by email, using shorthand expressions of incomplete thoughts. To be efficient, the researchers did not keep detailed records of how they communicated, and some lines of inquiry that began in email were further discussed and dismissed as part of hallway conversations. Because of that, much of what they said in emails would be easily misinterpreted. Additionally, mistakes along the way are part of the research process. The quality and quantity of work would be stifled if researchers were aware that their informal communications would be made available broadly. While the Humane Society tried to characterize the declaration as mere speculation, the court credited the declarant as an expert in the field, giving the declaration great weight.231 In balancing the public interests, the court concluded that disclosure of the emails "would fundamentally impair the academic research process."232 Given the pervasiveness of email today, the deliberative process privilege seems well -suited to protect predecisional email communications from disclosure. Nevertheless, California courts have approved the use of the deliberative process privilege sparingly, and require local agencies to provide particularized factual evidence in support of its use. Prior to invoking this privilege, it is advisable to consult your legal counsel. (2) Mental Process Principle The Public Records Act exempts from disclosure those records that are exempted or prohibited from disclosure pursuant to federal or state law.233 Under California state common law, a court is prohibited from inquiring into the motives or 229 Humane Society of the United States v. Superior Court (Regents of the University of California), 214 Cal. App. 4th 1233, 1240 (3 Dist. 2013). 230 Id. at 1241-1244. 231 Id. at 1258. 232 Id. at 1263. 233 Gov't Code § 7927.705. Public Records Act Page 45 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records subjective mental processes of legislators in enacting a particular piece of legislation except as those motives may be disclosed on the face of the legislative acts, or inferred from their operation.234 This "mental process principle" permits a local agency to withhold public records that would reveal the mental processes or subjective motives of its legislative body members when they are acting in a legislative capacity. Unlike the deliberative process privilege, which relies on a balancing test,235 records reflecting the "mental processes" of legislators are not subject to a balancing test.236 Under applicable circumstances, the mental process principle may be used to justify nondisclosure of emails of legislative body members, such as city council members. For example, emails sent or received by a city council member could arguably be withheld under the mental process principle when they: (1) discuss the reason the member voted for or against a particular ordinance, (2) involve the gathering of information on which the member based their legislative decision, or (3) expose the motives for the member's vote on a legislative matter. C. Exception for Notes, Drafts and Interagency/Intra-agency Memoranda The deliberative process privilege may help a local agency keep sensitive emails from public disclosure, but a far more effective tool is to simply have a policy in place to regularly purge intra-agency or interagency emails that are not subject to the local agency's records retention schedule. Under the Public Records Act, " [p] reliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business" may not be subject to disclosure.237 A written policy of deleting emails more than 120 days old (or some similar duration) would help establish that emails are not retained "in the ordinary course of business." A software modification that automatically deletes older emails would ensure that they are not retained, provided staff is notified of the pending purge and takes steps to retain those emails that, based on their content, must be retained under the local agency's records retention schedule. There are a few caveats, however. First, note that deleting an email is not the end of the story. Popular email programs such as Microsoft Outlook have "deleted items" folders that retain messages for a time after "deletion," in order to give the user an opportunity to "undo" an accidental deletion. If a local agency received a request for an email that had been deleted, but was still on the computer in the "deleted items" folder, it technically would still be in the 234 Sutter's Place, 161 Cal. App. 4th at 1375. 235 Gov't Code § 7922.540. 236 See Times Mirror Co., 53 Cal. 3d at 1339 fn. 9-10 (noting that these records might arguably be exempt under the mental process principle through operation of Section 7927.705). 237 Gov't Code § 7927.500. For a discussion on the conditions that must be met to utilize Section 7927.500, see pages 10- 12 of this Handbook. Public Records Act Page 46 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records possession of the agency and may be subject to disclosure. To eliminate this potential issue from arising, an agency must ensure that the deletion becomes final and irreversible. If the agency desires or is required to save a copy of certain emails, then it should print and file such emails, or store them electronically in a location that is not subject to automatic purging. Second, note that the Section 7927.500 exemption is not absolute. The full text of the exemption provides that drafts, notes, and inter/intra-agency memoranda are nondisclosable "provided that the public interest in withholding those records clearly outweighs the public interest in disclosure." Accordingly, even emails "that are not retained by the public agency in the ordinary course of business" may be subject to disclosure, if the records were not deleted prior to receipt of the Public Records Act request, and a reviewing court concludes that the public interest in disclosure is not "clearly outweighed" by the interest in nondisclosure. This is a significant hurdle for a public agency to overcome. D. Additional Exemptions that may be Applicable to Email In addition to those described above, there are a number of other exemptions that may be applicable to emails exchanged between employees or officials of a public agency. For example, emails to and from legal counsel may be protected by the evidentiary privileges recognized under Section 7927.705; certain personal financial data may be exempt under Section 7925.005; and personnel and medical files may be withheld under Section 7927.700. The same care should be used in reviewing responsive emails as any other material that may be subject to disclosure, and Part One, Section IX (What Public Records are Exempt from Disclosure under the Public Records Act?) of this Handbook should be consulted for additional information. Public Records Act Page 47 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records E. The Problem with Threads Emails elicit a response. The response typically elicits another response. If multiple people received the message, responses from all of the recipients are common. And, in all of those responses, the original message is typically quoted, either in part or in full, generating a "thread" of messages. The question necessarily arises, when there is a thread of 20 messages, and one of them is responsive to a public records request, must the other 19 messages also be produced? For example, a resident makes a request for all emails discussing the possible construction of a new library and locates the following thread: Only the oldest two messages (sent at 12:00 and 12:05) refer to the study session on the library construction. The rest of the messages are on a different topic, a topic that may be politically sensitive. Nevertheless, all of the responses to the original message included a copy of the original message and every message Original Message From: City Clerk To: Joe Employee, lane Emplc Manager Date: April 2, 2022 12:05 p.m. Subject: RE: Question I think the study session on the new library is next month. It will be at the same meeting as we discuss Council compensation. Original Message From: Joe Employee To: lane Employee, City Clerk, City Manager Date: April 2, 2022 12:00 p.m. Subject: Question that followed it, and so they all contain a reference to the library construction. As a result, it would be difficult to argue that only the 12:00 and 12:05 messages should be disclosed if this is the only copy of the email available. On the other hand, if an earlier version of the email containing only the oldest two messages is available, a local agency could argue that the thread containing all five messages may be withheld. So long as the earlier version of the two responsive emails is disclosed, the email discussing employee compensation is only a duplicate of the oldest two messages. The subsequent messages are not responsive to the request. The Public Records Act does not require disclosure of all duplicates of a responsive record. Keep in mind, however, two important considerations. First, while one appellate court has ruled that non -responsive information may be redacted from emails exchanged between two agency employees, if challenged in court, a public agency will have to explain in detail Public Records Act Page 48 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records the information that was redacted.238 Second, in litigation, a different standard may apply and all versions of the email may have to be disclosed. One way to avoid the problem is to configure email so previous messages are not quoted in replies sent by staff. Under the example above, if the local agency did not allow quoted messages in replies, the first two messages mentioning the library construction would be disclosed as "stand-alone" emails, but the later messages regarding compensation would not because they would no longer be integrated into the prior emails. Accordingly, a city should balance its concern in avoiding unwanted disclosures against the usefulness of having an entire thread available, and may wish to consider configuring email programs to eliminate quoting emails in replies. F. Risk of Serial Meetings Beyond the Public Records Act concerns, the use of email presents a significant opportunity for "serial meetings" prohibited by the Brown Act. A serial meeting is a series of meetings or communications not held at a noticed, public meeting in which ideas are exchanged among a majority of a legislative body directly or through intermediaries to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body."239 Prior to January 1, 2009, the Brown Act specifically forbade the use of technological devices to conduct those communications. In interpreting the prior version of this Brown Act provision, the California Attorney General opined that email is one of these "technological devices."240 The 2009 amendments to the Brown Act provisions regarding serial meetings included the removal of the phrase "technological devices" and other specific types of communications, and the insertion in their place of "a series of communications of any kind, directly or through intermediaries."24, At the time of the 2009 amendments, it was considered unlikely that the legislature, in omitting the phrase "technological devices" and expanding the scope to any kind of communication, intended to exclude email from coverage under the Brown Act. Subsequently, Assembly Bill 992, passed in 2020 and effective January 1, 2021, amended certain provisions of the Brown Act until January 1, 2026 to clarify allowable uses of social media under the Act. As amended by AB 992, the Brown Act regulates social media posts to prevent serial meetings.242 238 American Civil Liberties Union of Northern California v. Superior Court (California Dept. of Corrections and Rehabilitation), 202 Cal. App. 4th 55, 82-86 (1 Dist. 2011). 239 Gov't Code § 54952.2(b)(1). 240 84 Ops. Cal. Atty Gen. 30 (2001). 241 Stat. 2008, c. 63, sec. 3 (S.B. 1732 -- Romero (amending Gov't Code § 54952.2). 242 Stat. 2020, c. 89, sec. 1 (A.B. 992 -- Mullin (amending Gov't Code § 54952.2). For further discussion of use of social media and the Brown Act, please see the 2023 Brown Act Handbook, Part One, Section VII(D) (© 2023 Richards, Watson & Gershon). Public Records Act Page 49 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The primary mechanism for creating serial meetings via email is through the use of "reply all." For example, if a public employee sends an email to an entire city council, and then one of those council members replies to the entire list of recipients, then a communication would have taken place between a majority of the city council. If the purpose of the council member's reply was to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body," the communication would constitute a serial meeting in violation of the Brown Act.243 Accordingly, public officials must endeavor to use "reply all" sparingly, if at all. A "reply all" congratulating a council member for receiving an award would be permissible; a "reply all" expressing an opinion about an issue within the subject matter jurisdiction of the City council would not. G. Disclosure Requirements for Documents at Meetings Although the deliberative process privilege may apply to many emails, note that the privilege is unlikely to apply if an email concerns an issue under consideration by a legislative body and a majority of the body receive the email. The Brown Act states that notwithstanding the "catch-all" exception in the Public Records Act, "or any other law," any writings distributed to a majority of a legislative body in connection with a matter subject to discussion or consideration at an open meeting of the body are disclosable.244 The statute goes on to clarify that it does not overrule the exceptions for drafts, documents related to pending litigation, personnel files, medical files, and a number of other exceptions, but it does expressly overrule the "catch-all" provision on which the deliberative process privilege is based. Note that Section 7927.705, under which the mental process principle is applied, is not overruled by the Brown Act, and still would be applicable.245 Unlike records disclosable under the Public Records Act, which gives public entities ten days to respond to a request and additional time to produce the documents, a public agency must produce documents under this section of the Brown Act "without delay."246 In addition, if the email is created by the public agency or a member of the legislative body, it must be made available for inspection at the meeting.247 Emails not drafted by the public agency or its legislative body must be made available after the meeting. This is particularly relevant to emails sent to council members on smartphones, iPads and similar devices, given that a council member could potentially send an 243 Gov't Code § 54952.2(b)(1). 244 Gov't Code § 54957.5. 245 Gov't Code 54957.5 (a). 246 Id. 247 Gov't Code § 54957.5(c). Public Records Act Page 50 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records email to other council members while a meeting is going on. Under this section of the Brown Act, an attentive member of the public could insist that they be provided a copy of that email, at the meeting, if the council member sent it to a majority of the other council members. Accordingly, members of a legislative body should consider carefully the consequences of sending an email via smartphone, iPad or other device at a public meeting prior to doing so. The informality of emails makes them particularly prone to statements that would not be put into conventional written documents. The only certain means of avoiding unwanted disclosure, of course, is simply not to write the email in the first place. II. DOCUMENTS CREATED USING WORD PROCESSORS, GIS AND OTHER SOFTWARE A. Disclosure Requirements (1) Public Records Act Electronic records are subject to disclosure under the Public Records Act pursuant to Sections 7922.570-7922.585 of the Government Code. A public agency that has information constituting a public record in an electronic format must make that information available in electronic form upon request.248 An agency is not required to reconstruct an electronic record if it is no longer available in that format.249 An agency may inform a requester that a requested record is available in electronic format, but the agency is prohibited from adopting a policy of only making information available in electronic format.250 On the other hand, not every piece of data stored on a computer readily fits the definition of "record." Unlike word processing documents, information stored in a database or a spreadsheet, for example, may only be displayed in response to the user entering a formula or query. For such data, there are special statutory provisions. With conventional (printed) documents, the public agency may only charge for the direct cost of duplication, not including staff time to research, retrieve or compile the records.251 For electronic records, however, the agency may charge the full cost of reproducing the document if the record is one that is otherwise produced only at regularly scheduled intervals, or the request would 248 Gov't Code § 7922.570. 249 Gov't Code § 7922.580. 250 Gov't Code § 7922.570(c), 7922.580(b). 251 Gov't Code § 7922.530(a); North Cnty. Parents Organization v. Dept. of Education, 23 Cal. App. 4th 144, 147-148 (3 Dist. 1994) (direct costs do not include the ancillary tasks necessarily associated with the retrieval, inspection, and handling of the file from which the copy is extracted). Public Records Act Page 51 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records require data compilation, extraction, or programming to produce the record.252 However, in National Lawyers Guild v. City of Hayward, the California Supreme Court recently held that the phrase "data extraction" in this context does not cover the costs of redacting exempt material from digital police body camera footage.253 The court reasoned that data "extraction" is a technical process of retrieving responsive information to construct a new record, while redacting exempt material from electronic records is similar to other redactions for which costs are not recoverable.254 As such, public agencies may not recover costs for redacting exempt material from otherwise disclosable electronic records. Many public agencies now possess Geographic Information Systems ("GIS") that allow them to collect, manage and analyze large volumes of geographically referenced information. Whether this electronic information is a public record that is subject to disclosure has been the subject of controversy, mainly because public agencies have charged licensing fees to businesses that wanted a copy. Public agencies have argued that the monies recovered from those licensing fees are necessary to support the development and maintenance of the GIS. In 2013, the California Supreme Court disagreed with that argument. In Sierra Club v. Superior Court, the Court held that a GIS-formatted database is a public record that, unless otherwise exempt from disclosure, must be produced upon request and the local agency may only charge the actual cost of duplication.255 The County of Orange had argued that its GIS database was not a public record. The court disagreed that former Section 6254.9 (now Section 7922.585) excluded a GIS database from the Public Records Act's disclosure requirements, and concluded that, because the County had not claimed any exemption to justify nondisclosure, the County of Orange could only charge the direct cost of duplication for its GIS database.256 Note, however, that the California Supreme Court was careful to distinguish the database from the software - the mapping system itself was exempt from disclosure under another provision in the Public Records Act.257 The statute expressly exempts computer mapping systems, computer programs, and computer graphic systems, and states that nothing in the statute is intended to 252 Gov't Code § 7922.575. 253 9 Cal. 5th 488 (2020). 254 Id. at 500. 255 Sierra Club v. Superior Court (County of Orange), 57 Cal. 4th 157, 161 (2013). 256 Id. at 175, 176 257 Gov't Code § 7922.585(b) ("Computer software developed by a state or local agency is not itself a public record under this chapter."). Public Records Act Page 52 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records limit any copyright protections. Accordingly, a requester may not seek to obtain the software that creates the records, only the records themselves.258 The Public Records Act not only exempts computer software as discussed above, but also a public agency's information security record, if that record has the potential to reveal vulnerabilities or otherwise increase the possibility of an attack on that public agency's information technology system.259 However, the Public Records Act also requires local agencies (except local educational agencies) to create a catalog of "enterprise systems," that must be publicly available on the local agency's website and updated annually.260 An enterprise system is defined as a "software application or computer system that collects, stores, exchanges and analyzes information" used by the local agency as a system of record, and acts either across multiple agency departments, or collects information about the public.261 While Section 7922.710 requires a city to list these enterprise systems as defined, it does not require a city to disclose the information collected, stored, exchanged and analyzed by the software application or computer system if that information is otherwise exempt under the Public Records Act. Further, a number of enterprise systems may be excluded from a local agency's listed catalog, such as systems related to 911 dispatch or emergency services, information technology security systems (including firewalls and other cybersecurity systems) and infrastructure and mechanical control systems (for example, systems that manage water or sewage functions).262 Note that the Public Records Act does not contain exceptions for public records created on social media.263 If a social media post is "prepared, owned, used, or retained by any state or local agency," and contains information "relating to the conduct of the public's business,"264 it is a public record and is thus subject to disclosure under the Public Records Act, and should also be retained accordingly. This applies to social media posts made by a public entity, including posts by public entity employees and/or officials, and may also apply to posts made by members of the public on social media pages operated by the public entity. Depending upon the volume of social media posts a public entity produces, it may be difficult to review all posts and comments made on the public entity's social media page to determine whether any given post meets the legal definition of a public record. Additionally, there may be practical issues with 258 Sierra Club, 57 Cal. 4th at 170-171; see also Gov't Code § 6254.9(b). 259 Gov't Code § 7929.205. 260 Gov't Code §§ 7922.710 and 7922.715. 261 Gov't Code §§ 7922.700 and 7922.705 (also defining "system of record" as "a system that serves as an original source of data within an agency"). 262 See pages 138-139 of this Handbook. 263 Social media is subject to regulation under the Brown Act, pursuant to Assembly Bill 992, enacted in 2020 and effective January 1, 2021 through January 1, 2026. See Stat. 2020, c. 89, sec. 1 (A.B. 992 -- Mullin (amending Gov't Code § 54952.2). 264 Gov't Code § 7920.530. Public Records Act Page 53 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records retaining social media records. Capturing and archiving images of social media posts may not be a sufficient retention method, because the image would not preserve metadata, subsequent comments, and other interactive features. Archiving these features can be challenging, because social media posts typically are not hosted or archived on storage systems owned by the public entity. Creating independent storage systems for all social media posts may be cost -prohibitive for public entities. These factors can make it difficult to determine which social media posts need to be retained, and whether a public entity's retention procedures adequately capture an entire social media record. Any concerns about retaining specific social media records should be discussed with the City attorney. (2) Federal Rule 26 In 2006, revisions to Rule 26 of the Federal Rules of Civil Procedure took effect that require parties in federal court to address the production and preservation of electronic records during the discovery phase of litigation. These rule changes did not require a local agency to alter its routine management or storage of electronic information, but does illustrate the importance of having formal written rules for retention of potentially relevant records and data when litigation occurs. It is firmly established that a duty to preserve evidence arises from the moment litigation is "reasonably anticipated."265 Once the duty to issue a legal hold is triggered, the party "must suspend its routine document retention/destruction policy and put in place a `litigation hold' to ensure the preservation of relevant documents."266 Discovery is the process by which parties involved in litigation in either state or federal courts obtain information from other parties. Under Rule 26, parties in a federal lawsuit may obtain discovery regarding any matter that is relevant to a claim or defense, so long as it is not privileged. According to Rule 26(a) what can be discovered includes "documents," "tangible things," and "electronically stored information," which is broadly defined as "any type of information that is stored electronically." Rule 26 regulates discovery in three major ways: a. Parties must address electronic discovery issues at the beginning of litigation, including the form in which electronic information will be 265 Rockman Company (USA), Inc. v. Nong Shim Company, Ltd., 229 F. Supp. 3d 1109, 1 122 (N.D. Cal. 2017). 266 Zubulake v. UBS Warburg, LLC, 229 F.R.D. 422, 432 (S.D.N.Y. 2004); accord In re Napster Inc. Copyright Litig., 462 F. Supp. 2d 1060, 1070 (N.D. Cal. 2006). Public Records Act Page 54 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records produced to the other party, the preservation of electronic information, and claims of privilege for electronic information; 267 b. Parties must produce relevant information from electronic sources that are "reasonably accessible," but may not have to produce information from older or backup systems if production would impose an undue burden or cost. The requesting party can, however, overcome a showing of undue burden or cost if they can establish "good cause" for doing so;268 and C. Privileges are retained for documents inadvertently disclosed. Such documents may be recalled by the disclosing party. In such cases, the privilege is not waived.269 The discovery rule does not require a local agency to alter its routine handling of electronically stored information prior to when litigation can reasonably be anticipated. The drafters of the rules recognized that electronic information might be routinely altered, purged or overwritten as part of a system's operation. Under 2006 revisions to Rule 37, the routine purging of outdated electronic information, including the "alteration or overwriting of information... to meet the party's technical and business needs" was permissible, if it was done in accordance with other laws, such as the records retention laws in Government Code Sections 34090-34090.8. Those sections permit a city, for example, to destroy certain city records that are "no longer required" and are more than two years old if authorized by a city council resolution and the written consent of the city attorney. Records that may not be destroyed include: real property title records, court records, records required to be kept by statute, records less than two years old, and the minutes, ordinances, or resolutions of the legislative body, city board, or commissions. In 2015, the "routine, good faith operation" language was deleted from Rule 37. The revised rule provides limited sanctions for parties who inadvertently cause electronically stored information to be lost because of their failure to take reasonable steps to preserve the information. However, the Advisory Committee Notes to Rule 37(e) point out that "the routine, good -faith operation of an electronic information system would be a relevant factor for the court to consider in evaluating whether a party failed to take reasonable steps to preserve lost information." Once litigation can be reasonably anticipated, a local agency has a duty to preserve potentially relevant information for discovery. In some cases, the local agency may have to suspend the routine operation of its information systems in 267 Fed. R. Civ. P. 26(f) (3) (C). 268 Fed. R. Civ. P. 26(b) (2) (B). 269 Fed. R. Civ. P. 26(b) (5) (B). Public Records Act Page 55 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records order to preserve information potentially relevant to the litigation. In such cases, it must take "reasonable steps" to prevent the loss of electronically stored information. In evaluating whether a city's preservation attempts were reasonable, courts should take into account the limited staff and resources that governmental parties may have to devote to preservation efforts.27o Note that electronically stored information lost despite a city's reasonable preservation efforts —such as through the failure of a cloud -based storage service, a malignant software attack, or accidental damage to physical hardware —will not give rise to sanctions under Rule 37. These rules on document preservation highlight the importance of having a written document retention policy. A written policy will show what operations are routine. This will help protect a local agency from sanctions if litigation occurs and allow its attorneys to discuss its routine computer operations with the court and other parties. Such a policy should set specific limits for how long information is retained and specific procedures for the routine destruction of electronic data. The policy should also address the steps that the agency will take to preserve potentially relevant information when litigation is reasonably anticipated. These policies should be in accordance with Government Code Sections 34090-34090.8 and any other applicable laws governing the preservation of city records. The other discovery rules further illustrate how a written policy will aid a local agency in litigation. When litigation begins in federal court, Rule 26(f) requires the parties' lawyers to confer about "any issues about disclosure, discovery, or preservation of electronically stored information." No part of electronic discovery is more important for determining the scope of the preservation obligation than the pre -scheduling conference meet and confer provided under Rule 26(f). Rule 26(f) explicitly directs the parties to discuss the form in which electronic information will be produced, how it will be preserved, and how to address claims that certain information is privileged. The pre -scheduling conference meet and confer can be the single most important factor to reduce costs and burdens of discovery. In order for a local agency's counsel to be prepared to discuss these issues, the rules note that it is "important for counsel to become familiar with those systems before the conference." In some cases, counsel may have to identify and interview individuals with special knowledge of the agency's computer systems. Rule 26(b) requires the parties to identify whether "reasonably accessible" electronic sources can provide all of the relevant, non -privileged, information. Parties will need to distinguish these "reasonably accessible" sources from those 270 Fed. R. Civ. P. 37(e) Advisory Committee Note. Public Records Act Page 56 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records that are not "reasonably accessible" because of undue burden or cost. Examples of information that might not be reasonably accessible include: • deleted items, • fragmented or damaged data, • information kept on some back-up tape systems for disaster recovery purposes, and • legacy data remaining from systems no longer in use. Under Rule 26(a), the parties must produce all of the relevant, non -privileged information from the "reasonably accessible" sources within 14 days of the initial conference during the "initial disclosure," a requirement unique to federal court where relevant information is disclosed at the outset of the civil discovery period. Discovery from sources that a party deems not "reasonably accessible" can still occur if the requesting party can show that there is no undue burden or cost or upon a showing of "good cause." Once discovery begins in federal court a local agency must be prepared to explain how their electronic information systems work, which systems contain information potentially relevant to the litigation, how those systems are accessed, and the costs of accessing archival or older systems. Having a written policy in place will reduce the costs and staff time associated with complying with these discovery rules. It will also aid staff in familiarizing themselves with the operations of the agency's computer data and storage systems as well as any external storage and backup systems, and in explaining these operations to agency counsel and opposing parties. Finally, having a written policy will minimize the likelihood of destroying discoverable materials and thus dramatically reduce the chance that an agency will be hit with discovery sanctions during litigation. Taken together, these federal discovery rules make it advisable for a local agency to put in writing its procedures for managing electronic information. In light of these rules and obligations and as a first step to forming or maintaining an already -created written policy on electronically stored information, public agencies should review their operating systems to ensure they understand how electronic information is currently stored and retained. In addition, public agencies should examine their data recovery systems and archival data to determine the type of information contained in these systems, and to understand the costs associated with retrieving such data. Agencies should also regularly review their written policies once implemented to ensure that they remain up to date as new technologies and systems replace old ones. Public Records Act Page 57 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records (3) The California Civil Discovery Act Contains a Process for Electronic Discovery in State Court In 2009, the California Legislature adopted federal -style procedural rules to permit the discovery of electronically stored information in state court cases pursuant to Assembly Bill ("AB") 5, following the 2006 amendments to the Federal Rules of Civil Procedure.271 Electronically stored information is broadly defined by AB 5272 as any information that is stored in an electronic medium, and includes emails, documents, spreadsheets and any other information stored in computers and other electronic devices.273 These rules make the creation of the above - mentioned written policy on electronically stored information just as applicable to state court litigation as federal court litigation. Similar to the Federal Rules, a safe harbor exists for spoliation caused by "routine, good faith operation of an electronic information system."274 The state discovery rules specifically provide that a court shall not impose sanctions on a party for failing to provide electronically stored information that has been lost, damaged, altered or overwritten as the result of the routine, good faith operation of an electronic information system, absent exceptional circumstances.275 Accordingly, public agencies should ensure electronically stored information is retained or deleted only in accordance with the adopted policy. Agencies should thus train employees to make sure the document retention policies are appropriately followed at all times.276 Further, as with federal court litigation, once state court litigation is reasonably anticipated, public agencies have a duty to stop automatic destruction processes and preserve potentially relevant electronically stored information in the format in which it currently exists, notwithstanding the normal document retention policy that might otherwise permit destruction.277 In the event litigation is reasonably anticipated, public agencies should ensure that "litigation holds" are applied to electronically stored information potentially relevant to the litigation, so that it is not deleted, whether intentionally or by automatic computer processes. The retention of information that may be potentially relevant to 271 AB 5, Stat. 2009, c. 5 (amending Code of Civ. Proc. §§ 2016.020, 2031.010 through 2031.060, and 2031.210 through 2031.320, and adding Code of Civ. Proc. §§ 1985.8 and 2031.285). 272 See Code of Civ. Proc. §§ 1985.8, 2016.020, and 2031 .010 et seq. 273 Code of Civ. Proc. § 2016.020(e). 274 Code of Civ. Proc. § 2031 .320(d). 275 Code of Civ. Proc. § 2031.060(i)(1). 276 Code of Civ. Proc. § 2031 .060(i) (2). 277 Coca-Cola Bottling Co. v. Superior Court (Jones), 233 Cal. App. 3d 1273, 1293 n. 10 (4 Dist. 1991) (party litigant has a duty not to lose or destroy relevant evidence). Public Records Act Page 58 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records anticipated litigation should also be a part of the agency's written policy on electronically stored information. In light of a 2017 California Supreme Court decision outlining the broad scope of discovery, agencies are advised to consult legal counsel in determining the breadth of a litigation hold. Documents and information that the agency believes to be protected under a right to privacy argument should still be preserved, if even potentially relevant to the litigation. In Williams v. Superior Court, the Court stated that "the right to discovery in this state is a broad one, to be construed liberally so that parties may ascertain the strength of their case and at trial the truth may be determined."278 The Court determined that the defendant in Williams was obligated to disclose the personal information of individuals who may have had no bearing on or relation to the claims asserted by the plaintiff. It further stated that the party opposing discovery has the burden of showing that a privacy right exists that outweighs the potential relevance of the information requested. The same burden applies when the party opposing discovery argues undue hardship. In both instances, the burden is a high one. Agencies should therefore be mindful that they may have to produce a broader scope and larger volume of documents and electronically stored information than was required in prior years, and accordingly should, in consultation with counsel, broaden the scope of their document retention policy and litigation holds. When instituting a legal hold, or responding to discovery requests in litigation, attorneys and clients must work together to understand how and where electronic documents, records (including social media posts), and emails are maintained and to determine Docurrientl Properties how best to locate, review, and retain responsive General Summary I Statistics Contents Custom documents. Title: I Letter to D.S. B. Metadata Word processing documents most readily fit the definition of "record," and they also present the greatest potential for inadvertent disclosures. A modern word processing document is comprised of far more than simple words on a page. Microsoft Word documents typically contain information about the author or editor, the author's organization, the time the document was created, modified or accessed, the amount of time spent editing the document, and even what earlier versions of the document looked like. This 278 Williams v. Superior Court (Marshalls of CA, LLC), 3 Cal. 5th 531, 538 (2017). Public Records Act © 2023 Richards, Watson & Gershon 2769535 Subject; Author: Benjamin B. Bickelbaum Manager: Company: City of Whoville Catggory: Keywords: Comments: Hyperlink base: Template: Normal ❑ Save preview picture OK Cancel Page 59 Part Two: Electronic Records "metadata," which literally means data about data, is automatically attached to documents by modern word processors. For instance, some metadata appears in Microsoft Word under the "Home" menu, by selecting "Properties." Although metadata can be useful information, it can also result in unwanted disclosures. For instance, as the dialog box above shows, Microsoft Word automatically inserts the name and company of the author of the document, and there are numerous other fields that can be filled in. If a local agency does not want this sort of information disclosed as a general rule, the word processor should be configured to not record this information. More significantly, many word processors have a "tracked changes" function. When public officials and employees work with multiple drafts of a document, especially when multiple people work on the same document, they frequently make use of a feature that highlights every change made to the document. That way, when a party to a proposed contract wants to delete a provision or insert a line, it is easy for the other party to see the change. It is simple to turn this feature on and off, but it is also simple to turn the display of tracked changes on and off, while still having the word processor keep track of the changes. As a result, it is not uncommon for documents to be transmitted electronically with changes tracked, without the knowledge of the author. If the author deleted a paragraph, the person reviewing the tracked changes could restore that paragraph. The implications become particularly significant if the author had deleted the text because it was deemed inaccurate or sensitive. Moreover, recall that drafts are only nondisclosable if it is the public agency's policy to not retain them in the course of business. If a city routinely saves documents with changes tracked, then arguably it has preserved the earlier drafts of the document. This could thwart a city's policy to avoid preserving drafts. Consequently, it should be common practice to remove any tracking from a document upon finalization, or better yet, to not use tracking in the first place. Similarly, most word processors have an "undo" button, which is useful for correcting typos or to recover inadvertently deleted text. Many word processors can "undo" a string of actions, and can even "undo" actions repeatedly until the document is a blank page. If a city official sends that document to someone making a public records request, the individual could click on "undo" repeatedly to see every step that the author took in drafting the document. This presents the same problems as with "tracked changes" - sensitive or inaccurate information that the author meant to delete could be included in the metadata. Accordingly, in using word processors, public agencies should ensure that they are configured to eliminate the "undo" trail when a document is saved. Public Records Act Page 60 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records In addition to all of the above strategies, there are several programs available that can remove metadata after a document has been completed, or at the time it is emailed. However, the use of such programs on documents that are subject to a public records request would be of questionable legality. Under the Public Records Act, a request for a public document must include the exact document, and on the face of it, stripping metadata from a document that is requested in electronic form potentially would violate this requirement.279 Depending on your document retention schedule, you may be able to strip metadata from some older documents upon archiving them, but deleting metadata from documents that the city is required to retain may violate document retention requirements. If the requester does not expressly ask that the document be provided in electronic format, the statute does not prohibit the agency from supplying it in printed form. Accordingly, a local agency may wish to adopt a policy of providing electronic records in printed form unless a requester expressly asks for an electronic version, and providing records in .pdf format when requesters ask for electronic versions. If the requester expressly asks for the original document format, the City attorney should be consulted. It is unclear how the new federal electronic document discovery rules would apply to metadata. Rule 26 does not specifically address metadata, but the comment to the revision mentions metadata and states that "[w]hether this information should be produced may be among the topics discussed in the Rule 26(f) conference." Consequently, there is the potential for the disclosure of metadata in litigation, which further highlights the importance of establishing standard practices for creating and handling metadata. During litigation, it is often advisable to maintain sources of electronically stored information in native formats with metadata, to preserve the ability to produce the data if necessary. CITY WEBSITES With the rapid integration of the internet into American culture, a significant percentage of California cities now provide at least basic information about their government on city -run websites. Posting certain commonly requested information on a web page is a way to reduce the staff time necessary to respond to public records requests. City websites also provide a method to increase public participation in local government, such as more recent requirements for posting of public meeting agendas electronically. However, city website practices may have legal ramifications, and it is advisable for a city to draft and implement a policy on the permitted uses of its website to avoid violating legal restrictions such 279 See Gov't Code § 7922.530(a) ("Upon request, an exact copy shall be provided unless impracticable to do so."); Rosenthal v. Hansen, 34 Cal. App. 3d 754 (3 Dist. 1973). Public Records Act Page 61 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records as those related to mass mailings and use of public funds for "express advocacy," and also to avoid creating a "public forum." A. Websites and the "Mass Mailing" Prohibitions The Political Reform Act prohibits the sending of newsletters and other so-called "mass mailings" at public expense.28o A "mass mailing" is defined as the mailing or distribution at public expense of 200 or more items within a calendar month featuring the name, office, photograph or other reference to an elected officer of the agency.281 The underlying intent is to preclude elected officials from using newsletters as indirect campaign flyers for themselves. In brief, Section 89002 of the Government Code provides a four -prong test to determine the legality of mass mailings. A mass mailing is prohibited if each of the following elements is present: a. a delivery of a tangible item, b. that "features" or includes reference to, an elected official, C. distributed at public expense regardless of the cost, or produced at public expense where the cost of production exceeds $50.00, or d. in a quantity of 200 or more per calendar month.282 On the face of it, the regulation would not apply to web pages, because they would not constitute "a delivery of a tangible item." The FPPC, which interprets the Political Reform Act, has yet to render an official opinion on the applicability of the mass mailing rule to websites. However, numerous advice letters issued by the FPPC have concluded that the prohibitions on publicly funded mass mailings contained in Government Code Sections 89001 and 89002 do not apply to websites or web pages because they do not constitute a tangible item. In 1998, the FPPC responded to an inquiry as to whether a committee, advocating the passage of a bond measure expected to be placed on the ballot by a school board, may obtain a link from a "school district website to a web page" advocating the passage of the bond measure. The FPPC advised that, According to [former] Regulation 18901(a) (1) [now Section 89002 of the Government Code], a publicly -funded mailing is a prohibited 280 Gov't Code § 89001. 281 Gov't Code § 89002(a). 282 Id. Public Records Act Page 62 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records mass mailing if it is delivered as a tangible item to the recipient at his or her residence, place of employment or business, or post office box. Consistent with [former] Regulation 18901, the ban is applicable to tangible items only. Since distribution over the Internet is not a distribution of a tangible item, Internet pages are not prohibited mass mailings under the [Political Reform] Act.283 Even though providing a link to an express advocacy website may not qualify as a "mass mailing," it could violate other laws, as will be discussed below in Section B. A second advice letter similarly concluded that web pages are not covered under the mass mailing prohibitions of the Political Reform Act. That advice letter was issued by the FPPC in 1999 in response to a request for advice by the County of Lake. The inquiry was whether the County could include on its web page photographs and a short biography for each member serving on its board of supervisors.284 The FPPC letter reiterated that former FPPC Regulation 18901 did not apply to the actions listed above because "web pages are not considered tangible items" and not subject to mass mailing restrictions.285 Since those advice letters were issued, the FPPC has continued to reaffirm its conclusion that distribution of information over the Internet, including websites, is not distribution of tangible items. In 2013, a city attorney requested advice regarding whether the mass mailing provisions prohibit City staff from listing the mayor's bed and breakfast business on the city's website along with other places of lodging in the city. The FPPC advised that the mass mailing provision does not prohibit the listing of the mayor's business on the city's website because providing information over the Internet is not distribution of a tangible item.286 The FPPC also recommended a review of laws pertaining to use of public resources.287 In 2019, the FPPC issued an informal advice letter concluding that the mass mailing prohibition does not apply to "tag" members of the Fountain Valley City Council on the City's Facebook page because the mass mailing provision does not apply to distribution over the Internet, this includes Facebook.288 Given the foregoing, city web pages provide a unique opportunity for elected officials to communicate with their constituents. Council members could each maintain their own page on the website, drawing attention to issues of interest to 283 Foote Advice Letter, No. A-98-1 14, 1998 WL 289895 (1998) (citation omitted). 284 Peterson Advice Letter, No. A-99-013, 1999 WL 100857 (1999). 285 Id. 286 Pierik Advice Letter, No. A-13-012 (2013). 287 Id. 288 Burns Informal Assistance, No. 1-19-145, 2019 WL 6458461 (2019). The FPPC cautioned, however, that Facebook "tagging" should also be analyzed to make sure that it did not result in a contribution under the Political Reform Act. Public Records Act Page 63 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records the community. There are, however, some limitations on what the web pages can contain, as discussed below. B. Avoiding Express Advocacy Although websites and web pages are not currently covered under the mass mailing restrictions of FPPC Regulation Section 18901, public agencies must still be mindful of other regulations and laws that might be violated by its decisions to permit links from official websites. For example, the Political Reform Act prohibits the use of public moneys for election campaigns.289 Consequently, a city's web page must not indicate support or approval of, or advocate for, a candidate for elective office or a ballot measure. The leading California case setting forth the basic rule with respect to government involvement in political campaigns is Stanson v. Mott.290 In Stanson, the California Supreme Court addressed the question of whether the State Director of Beaches and Parks was authorized to expend public funds in support of certain state bond measures for the enhancement of state and local recreational facilities. The court concluded that the Director of Beaches and Parks lacked such authority and set forth the basic rule that "in the absence of clear and explicit legislative authorization, a public agency may not expend public funds to promote a partisan position in an election campaign."291 Only impartial "informational" communications would be permissible, such as a fair presentation of the facts in response to a citizen's request for information.292 The Stanson Court also recognized that the line between improper "campaign" expenditures and proper "informational" activities is not always clear. "[T]he determination of the propriety or impropriety of the expenditure depends upon a careful consideration of such factors as the style, tenor and timing of the publication; no hard and fast rule governs every case."293 The California legislature also codified the holding of Stanson in Government Code Section 54964.294 289 Gov't Code § 85300. See also Howard Jarvis Taxpayer Assn. v. Newsom, 39 Cal. App. 5th 158, 161-162 (3 Dist. 2019) (invalidating limited exception to this prohibition). 290 Stanson v. Mott, 17 Cal. 3d 206 (1976). 291 Id. at 209-10. 292 Id. at 221. 293 Id. at 222 (citations omitted). 294 Government Code Section 54964 prohibits the expenditure of public funds "to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate, by the voters." The statute does not prohibit expenditures to provide information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the local agency, if the informational activities are not otherwise prohibited by the Constitution or state law and the information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in reaching an informed judgment regarding the ballot measure. Public Records Act Page 64 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The Stanson test was reaffirmed by the California Supreme Court in Vargas v. City of Salinas.295 Prior to Vargas, courts attempting to interpret and apply Stanson used varying tests to determine the permissibility of expenditures. For example, in California Common Cause v. Duffy, an appellate court held that a local sheriff's use of public facilities and personnel to distribute postcards critical of then - Supreme Court Justice Rose Bird was "political" and not "informational" as permitted by Stanson because the cards presented only one side of Justice Bird's fitness to be retained in office.296 In another appellate decision, Schroeder v. City Council of Irvine, Irvine's "Vote 2000" Program was upheld.297 The program encouraged voter registration, without specifically advocating a particular position on any measure. Although the city had taken a public position in favor of the proposed ballot measure, the materials it distributed did not advocate any particular vote on the measure and rarely mentioned the measure at all. The Schroeder court held that the funds spent on the Vote 2000 program would be political expenditures and unlawful under Stanson only if the communications expressly advocated, or taken as a whole unambiguously urged, the passage or defeat of the measure.298 Because the city presented a neutral position on "Measure F," at least in the campaign materials, the court upheld the program as valid. However, in Vargas v. City of Salinas, the California Supreme Court decided that "express advocacy" is an insufficient standard. In Vargas, proponents of a local ballot initiative to repeal the city's utility users tax ("Measure O") sued the city alleging improper government expenditures. The court held that even if a communication does not expressly advocate for either side of an issue, a Stanson analysis must nonetheless be conducted to determine whether the activity was for informational or campaigning purposes based on its style, tenor, and timing.299 Although the court did not specifically refer to the Schroeder analysis in its opinion, the court clearly stated that the "express advocacy" standard does not meaningfully address potential constitutional problems arising from the use of public funds for campaign activities that were identified in Stanson. Thus, local governments must look to Vargas rather than Schroeder for the proper standard to evaluate whether an expenditure is permissible. A variety of factors led to the Vargas court's conclusion that the communications were informational, including the fact that the publications avoided argumentative or inflammatory rhetoric and did not urge citizens to vote in a particular manner. The challenged expenditures were made pursuant to general appropriations in the city's regular annual budget pertaining to the maintenance 295 Vargas v. City of Salinas, 46 Cal. 4th 1 (2009). 296 California Common Cause v. Duffy, 200 Cal. App. 3d 730, 746-747 (4 Dist. 1987). 297 Schroeder v. City Council of Irvine, 97 Cal. App. 4th 174, 187-188 (4 Dist. 2002). 298 Id. 299 Vargas, 46 Cal. 4th at 8. Public Records Act Page 65 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records of the city's website, the publication of the city's regular quarterly newsletter, and the ordinary provision of information to the public regarding the city's operations. The Supreme Court found that the city engaged in informational rather than campaign activity when it posted on the city's website the minutes of city council meetings relating to the council's action along with reports prepared by various municipal departments and presented by officials at city council meetings.300 Similarly, the city did not engage in campaign activity by producing a one -page document listing the program reductions that the city council voted to implement should Measure O be approved, or in making copies of the document available to the public at the city clerk's office and public libraries.301 The court reasoned that viewed from the perspective of an objective observer, the document clearly constituted an informational statement that merely advised the public of specific plans that the city council voted to implement should Measure O be approved. Finally, the court found that the city engaged in permissible informational activity by mailing to city residents the fall 2002 "City Round -Up" newsletter containing articles describing proposed reductions in city services. Although under some circumstances the mailing of material relating to a ballot measure to a large number of voters shortly before an upcoming election would constitute campaign activity, a number of factors supported the court's conclusion that the mailing of the newsletter constituted informational rather than campaign activity: it was a regular edition of the newsletter that was mailed to all city residents as a general practice, the style and tenor of the publication was entirely consistent with an ordinary municipal newsletter and readily distinguishable from traditional campaign material, and the article provided residents with important information about the tax in an objective and nonpartisan manner.302 The Supreme Court illustrated the insufficiency of the "express advocacy" standard by suggesting that if the City of Salinas were to post billboards throughout the City prior to an election stating, "`IF MEASURE O IS APPROVED, SIX RECREATION CENTERS, THE MUNICIPAL POOL, AND TWO LIBRARIES WILL CLOSE,' it would defy common sense to suggest that the City had not engaged in campaign activity even though such advertisements would not have violated the express advocacy standard."303 Vargas and Stanson reflect that local agencies must exercise caution when communicating to voters about local measures. The same prohibitions on the use 300 Id. at 37. 301 Id. at 37-38 (stating, "not only [did] the document in question not advocate or recommend how the electorate should vote on the ballot measure, but its style and tenor [was] not at all comparable to traditional campaign material"). The fact that the City only made the document available at the City clerk's office and in public libraries to people who sought it out reinforced the document's informational nature. 302 Id. at 38. 303 Id. at 32. Public Records Act Page 66 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records of public moneys to support or oppose a ballot measure or a candidate for political office would likely also apply to public agency websites. This is because the time and expense of maintaining a website and adding links to other websites may result in a form of "in kind" contribution from the public agency to the particular candidate or campaign committee. "Professional services, including the creation and maintenance of a website for a candidate, could conceivably result in a contribution from the county to the candidate."304 Public officials must ensure that there is no inclusion of information or links on their websites that contain words of express advocacy or that unambiguously promote or suggest a particular position in a campaign. Public officials must also avoid any actions which, based on their "style, tenor and timing", may lead to a determination that a city website contains impermissible advocacy. Unfortunately, there is no hard and fast rule to assist public officials in distinguishing improper partisan campaign expenditures from permissible expenditures for "informational activities." Whether a communication is permissible will be based on a combination of these factors, and public officials should therefore seek the advice of the city attorney on a case -by -case basis. Assistance may also be obtained from the FPPC. Note also that public officials could potentially face personal liability if a court concluded that they used public funds for a partisan campaign. The Stanson opinion concluded that public officials "may properly be held to a higher standard than simply the avoidance of 'fraud, corruption or actual malice' in their handling of public funds."305 Instead, public officials must exercise "`due care,' i.e., reasonable diligence, in authorizing the expenditure of public funds, and may be subject to personal liability for improper expenditures made in the absence of such due care."306 If public officials published a web page that conveyed a partisan slant, a court could conclude that the officials failed to exercise this due care. C. Public Forum In addition to the mass mailing and express advocacy considerations, the existence of city websites also raises the issue of whether a website constitutes a "public forum" in which any member of the public would have a right to post information or links, or engage in debate or discourse. The decisions of public agencies on what sort of content to include on web pages, whether to allow external links to be posted, and what type of links to permit, have the potential to infringe upon rights guaranteed by the First Amendment of the United States 304 Peterson Advice Letter, No. A-99-013, 1999 WL 100857 (1999). 305 Stanson, 17 Cal. 3d at 226. 306 Id. at 226-27. Public Records Act Page 67 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records Constitution, the California Constitution's "Liberty of Speech Clause," and other legal principles. In relevant part, the First Amendment provides that, "Congress shall make no law ... abridging the freedom of speech."307 Similarly, the "Liberty of Speech Clause" provides that, "A law may not restrain or abridge liberty of speech or press."308 The United States Supreme Court uses the "public forum" doctrine to evaluate the constitutionality of government regulation of private speech on public property. This doctrine classifies public property according to three categories of public forum status: (i) traditional public forums - areas traditionally used for expressive activity such as streets, sidewalks and parks; (ii) designated public forums - areas dedicated by the government for expressive activity, either generally or for limited purposes; and (iii) nonpublic forums. "Public forum" status directly impacts the degree to which a public agency may regulate private expression on public property. For example, if a public agency's website were deemed a "nonpublic forum," then the agency would have considerable discretion in determining which applications for website links to accept. By contrast, if a public agency's website was deemed a "traditional public forum" or a "designated public forum," then the agency's discretion would be substantially diminished. Two cases addressing whether city websites constitute public forums are discussed below. (1) Putnam Pit, Inc. v. City of Cookeville The case of Putnam Pit, Inc. v. City of Cookeville provides an example of how the First Amendment may limit a public agency's authority to control external links on its website. Putnam Pit is a federal case discussing the validity of a website link policy under the First Amendment.3o9 This case involved a free speech claim by a small, free website newspaper publisher, against the City of Cookeville, Tennessee. The case arose from Cookeville's refusal to establish a link from its website to the website of the publisher's on-line newspaper, the "Putnam Pit." The "Putnam Pit" website focused on commentary critical of the City of Cookeville and its officials and staff. At the time that the publisher initially requested and was denied the link, "several for -profit and non-profit entities were linked to the ... [Cookeville] 307 U.S. CONST. amend I. 308 CAL. CONST. art. 1, § 2(a). 309 Putnam Pit, Inc. v. City of Cookeville, 221 F.3d 834 (6th Cir. 2000). Public Records Act Page 68 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records Web site, including a local technical college, two Internet service providers, a law firm, a local computer club, a truck product manufacturer and distributor, and a site with information about Cookeville."310 However, prior to the publisher's request, Cookeville "had no stated policy" on who could be linked to the city's website.311 Upon learning of the publisher's request, the city manager decided to permit links only "from the Cookeville Website to other sites, which would promote the economic welfare, tourism, and industry of the city."312 Pursuant to this policy, the city manager subsequently denied the publisher's request for a link from the Cookeville website to the "Putnam Pit" website and then removed several links to other websites from the Cookeville website.313 The Sixth Circuit Court of Appeals ruled that based on the facts presented, the city's website was a nonpublic forum under the First Amendment, and that the city could impose reasonable restrictions but could not engage in viewpoint discrimination.314 The court also ruled the publisher was entitled to a trial regarding whether Cookeville discriminated against him based upon viewpoint when the city manager denied him a link on the website. Facts that could potentially constitute viewpoint discrimination included statements by the city manager that he thought the "Putnam Pit" consisted only of the publisher's "opinions," "which he didn't care for" and actions by the city manager who indicated to the publisher that he would not be permitted a link even if the "Putnam Pit" were a non-profit entity.315 (2) Vargas v. City of Salinas In Vargas v. City of Salinas, the California Supreme Court also considered whether a city website constituted a public forum.316 In Vargas, city residents placed an initiative on the ballot to repeal the city's long-standing utility users tax. The city staff prepared a series of reports addressing the impact the loss of the tax would have on the city's budget, including the reduction and elimination of services and programs, and posted those reports on the city's web page. The initiative supporters contended that they had a right to provide their own information on the web page, which the city rejected. 310 Id. at 841. 311 Id. 312 Id. 313 Id. 314 Id. at 843-845. 315 The court further concluded that, "[t]he city's actions, some of which appear to be tied to the city's interests, and others which appear less clearly relevant to the purpose of the city's Web site, lead us to REVERSE the district court's grant of summary judgment because [the publisher] has raised a material issue of fact regarding whether the city discriminated against him and his Web site based upon viewpoint." Putnam Pit, Inc., 221 F.3d at 846. 316 Vargas, 46 Cal. 4th at 37, n.18. Public Records Act Page 69 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The Supreme Court concluded that the city's web page was not a public forum because the city had not opened its website to permit others to post material of their choice.317 D. Public Forum Analysis The Putnam Pit and Vargas courts applied the public forum analysis of the First Amendment to the city's action with respect to the website, treating the website as analogous to physical public property. As previously mentioned, the United States Supreme Court has established that, for such analyses, the extent of permissible government restrictions on expressive activity are governed by whether the activity occurs in (i) a traditional public forum; (ii) a designated public forum; or (iii) a nonpublic forum.318 (1) Traditional public forum Traditional public forums are "places which by long tradition or by government fiat have been devoted to assembly and debate." Typically such places have included public streets, sidewalks and parks.319 Government regulations that restrict the "content" of expressive activity in such forums "must withstand strict scrutiny."32o This means that if the government wishes to restrict expressive activity based on content, such restrictions must serve a "compelling state interest" and must be "narrowly tailored" to serve that interest. However, if the government imposes content -neutral restrictions on the "time, place and manner" of expressive activity in public forums, then such restrictions must serve a "significant public interest," must be "narrowly tailored" to that interest and must leave open "alternative avenues of communication."321 (2) Designated public forum The Supreme Court has held that "[i]n a designated public forum, the government `intentionally opens a nontraditional public forum for public discourse.'" 322 An example of a designated public forum is the public comment session at a city council meeting. In a designated public forum, the government may restrict the content of the expressive activity to that which is within the scope of the public 317 Id. 318 Perry Ed. Ass'n v. Perry Local Ed. Ass'n, 460 U.S. 37, 45-46 (1983). 319 Putnam Pit, Inc., 221 F.3d at 842 (citing Perry, 460 U.S. at 45). 320 Id. at 843. 321 Id. (citing Perry, 460 U.S. at 45). 322 Id. (citing Cornelius v. NAACP Legal Defense & Educ. Fund, Inc., 473 U.S. 788, 802 (1985)). Public Records Act Page 70 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records forum. For example, in the case of a city council meeting, the government may restrict speech to only permit discussion of city business.323 Once the government opens a nontraditional public forum to a class of persons, the restrictions applicable to those to whom the forum is opened must also withstand strict scrutiny. Thus, as in the case of public forums, regulations governing designated speakers in designated public forums must serve a "compelling state interest" and must be "narrowly tailored" to serve that interest.324 Accordingly, it is important for a city to avoid creating a designated public forum on its website so as not to establish rights where none previously existed, or at least to have a clear policy on who may post on the city's website. (3) Nonpublic forum Nonpublic forums are those places that are not typically used for public debate or the free exchange of ideas. Accordingly, "the First Amendment does not forbid a viewpoint -neutral exclusion of speakers who would disrupt a nonpublic forum and hinder its effectiveness for its intended purpose."325 Examples of nonpublic forums include highway rest areas and advertising on a municipal bus.326 In a nonpublic forum government may prohibit speech or expressive activity, so long as such restrictions are reasonable in light of the government's interest and do not attempt to suppress the speaker's activity based on disagreement with the speaker's views.327 (4) Public entity websites as nonpublic forums The Sixth Circuit Court of Appeals in Putnam Pit concluded that the City of Cookeville's website was a "nonpublic" forum under the First Amendment because the website was not open to the public, and before and after the city adopted a website link policy, links had been established on an individualized basis.328 This determination is significant because a government entity, as previously discussed, has more discretion to regulate public expression in a nonpublic forum than it does in a "traditional public forum" (such as a park) or in a "designated public forum" (a place expressly opened for free speech by the public). The court also emphasized that the city had legitimate interests "in 323 See White v. City of Norwalk, 900 F. 2d 1421, 1425 (9th Cir. 1990) (concluding that city councils have authority to limit speech through the imposition of agendas and rules of order and decorum). 324 Perry, 460 U.S. at 46. 325 Putnam Pit, 221 F. 3d at 845 (quoting Cornelius, 473 U.S. at 811). 326 Jacobson v. Bonine, 123 F. 3d 1272, 1274 (9th Cir. 1997); Children of the Rosary v. City of Phoenix, 154 F. 3d 972, 978 (9th Cir. 1998) . 327 Perry, 460 U.S. at 46. 328 Putnam Pit. Inc.. 221 F.3d at 844. Public Records Act Page 71 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records keeping links that are consistent with the purpose of the site —providing information about city services, attractions and official s."329 Despite the fact that the court in Putnam Pit determined that the city's website was a nonpublic forum, giving the city broad discretion to limit access to its website links, the court stated that the city could not deny links "solely based on the controversial views" the publisher espouses.33o The court concluded that the city's "requirement that websites eligible to be linked to the city's site promote the city's tourism, industry and economic welfare gives broad discretion to city officials, raising the possibility of discriminatory application of the policy based on viewpoint."331 Accordingly, the court remanded the case to the district court for further proceedings on the issue of whether the city improperly exercised its authority to restrict access to links on its website in a discriminatory manner in violation of the publisher's First Amendment rights. The Vargas court also concluded that the city's website was a nonpublic forum, and the city could exclude the initiative proponents from posting information on the site.332 In contrast to Putnam Pit, in Vargas the city did not permit access to the web page by either proponents or opponents of the ballot initiative.333 Limiting use of a city website only to city -related activities may result in a court finding that the public forum analysis is not appropriate under the facts, and that the issue should be evaluated instead under the doctrine of governmental speech.334 The U.S. Supreme Court has ruled that the Free Speech clause does not apply to government speech, because the Free Speech Clause restricts government regulation of private speech and does not regulate government speech.335 Under the government speech doctrine, the government has the right to speak for itself and a government entity may exercise this same freedom to express its views when it receives assistance from private sources for the purpose of delivering a government -controlled message.336 In Sutliffe v. Epping School District, an advocacy group challenged the Town of Epping after the town refused to include the group's hyperlink on the town's website.337 The group wanted to present opinions countering the town's budget proposals regarding town and school activities. The group contended its hyperlink should have been allowed because the town had included a hyperlink 329 Id. at 845. 330 Id 331 Id. at 845-46 (citations omitted). 332 Vargas, 46 Cal. 4th at 37 n.18. 333 See Id. 334 Pleasant Grove City v. Summum, 555 U.S. 460, 467 (2009). 335 Id 336 Id. at 468. 337 Sutliffe v. Epping School District, 584 F.3d 314, 333 (1 st Cir. 2009). Public Records Act Page 72 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records to a one -day event put on by "SUE", which was part of a state university - sponsored program and was to be held among town residents to foster community spirit, civic discourse, and the organization of community -defined projects and action groups. By unwritten practice, the town had previously allowed only hyperlinks that would promote providing information about the town, and did not permit links that were political or advocated for certain candidates. A written policy established after the group's request limited hyperlinks to those for governmental agencies or events and programs coordinated or sponsored by the town. The federal appeals court ruled in Sufliffe that a government entity has the right to express itself on means of communication that the government owned. The town engaged in government speech because the town created the website and selected which hyperlinks to place on its website to convey information about the town to its citizens and the outside world and, by choosing only certain hyperlinks to place on that website, communicated an important message about itself.338 Hyperlinks were added only with approval by the Board of Selectmen. The court also rejected the group's claim that the town engaged in viewpoint discrimination, because the SUE event was a town -sponsored and financially - supported event, and nonpartisan.339 The court also concluded that a public forum analysis did not apply under the facts, because the town's website is not a traditional public forum, and the website was not a designated public forum because there was no evidence that the town intentionally opened a nontraditional public forum for public discourse.340 Accordingly, in drafting and administering website link policies, a public agency should be mindful that "nonpublic forum status does not mean that the government can restrict speech in whatever way it likes."341 A public agency may not deny requests to post information and links simply because they do not agree with a requesting party's views or the views espoused on the requesting party's website, but an across-the-board policy that does not discriminate on the basis of viewpoint should withstand judicial scrutiny. Reserving the website only for the public agency's activities and purposes may also help the public agency demonstrate that it is engaging in government speech, and has not created a public forum. E. Chat Rooms, Forums, and Social Media Note that the conclusion would have likely been different in Vargas if the website had contained a chat room, or other technology promoting open public 338 Id. at 331. 339 Id. at 331-332. 340 Id. at 333-334. 341 Putnam Pit Inc., 221 F.3d at 846 (citations omitted). Public Records Act Page 73 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records discussion. The term "chat room" generally refers to an area of a website that allows for a real-time interactive discussion between whoever wishes to participate, with every participant seeing what every other participant types in. Chat rooms allow visitors to access web pages to state their views on a topic of discussion, and in unmoderated chat rooms, to say anything about any subject. Many popular social media services, including Facebook, Twitter, and Instagram, include a system of public comment threads that similarly promote public discussion. In Vargas, the California Supreme Court did not address chat rooms or social media services. However, in the prior appellate court decision, which was superseded on other grounds by the California Supreme Court, the appellate court had little trouble concluding that a chat room on a city web page would constitute a public forum: As noted above, "electronic communication media may constitute public forums. Websites that are accessible free of charge to any member of the public where members of the public may read the views and information posted, and post their own opinions, meet the definition of a public forum ...."342 Ampex Corp. v. Cargle and ComputerXpress, Inc. v. Jackson, were "anti-SLAPP" motions brought by defendants in defamation and libel actions, which are motions to strike a "Strategic Lawsuit Against Public Participation." In order to have a viable anti-SLAPP motion, the statements at issue must be made in a public forum, and both opinions concluded that chat rooms on the websites were public forums. The federal courts increasingly hold that chat rooms and other forms of social media may constitute public forums. In 2017, the U.S. Supreme Court described cyberspace, and social media, as follows: "While in the past there may have been difficulty in identifying the most important places (in a spatial sense) for the exchange of views, today the answer is clear. It is cyberspace —the `vast democratic forums of the Internet' in general [citation omitted], and social media in particular."343 In a 2022 decision, Gamier v. O'Connor-Ratcliff, the Ninth Circuit Court of Appeals ruled that Facebook and Twitter pages set up by two members of a local school 342 Vargas v. City of Salinas, 37 Cal. Rptr. 3d 506, 527 (2005) (citing Ampex Corp. v. Cargle, 128 Cal. App. 4th 1569, 1576 (1 Dist. 2005); ComputerXpress, Inc. v. Jackson, 93 Cal. App. 4th 993, 1006-07 (4 Dist. 2001)). 343 See Packingham v. North Carolina, 137 S. Ct. 1730, 1735-36 (2017) (Supreme Court ruled that a North Carolina statute prohibiting sex offenders from accessing social networking websites violated the First Amendment because even assuming that the statute was content neutral, the statute could not survive intermediate scrutiny because it was not narrowly tailored to serve a significant governmental interest). Public Records Act Page 74 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records board violated two parents' First Amendment rights by deleting their comments and then eventually blocking the parents from their social media pages entirely.344 As reflected in the circuit court's recitation of the facts, the two trustees created public Facebook and Twitter pages to promote their re-election campaigns.345 The trustees were eventually elected to the school board, but continued to use their social media pages to publicize information about the school board and its board of trustees. The plaintiff parents frequently posted comments critical of the board of trustees, including 226 identical replies within a 10-minute period, which the trustees repeatedly deleted or hid. The trustees eventually blocked the parents entirely from their social media pages. The Ninth Circuit concluded that the trustees' social media pages were designated public fora because initially they were "open and available to the public without any restriction on the form or content of comments."346 Further, the trustees would solicit feedback from their constituents and responded to posts left in their comment sections.347 The trustees violated the parents' First Amendment rights by blocking only them from the social media pages when the parents' critical posts had not actually disrupted the comment sections.348 Reasonable rules of etiquette addressing repetitive or lengthy posts could have addressed the trustees' purported concerns.349 A similar conclusion would likely result when evaluating a "forum" or "message board" on a city web page, which are similar to chat rooms but do not occur in real-time; instead, people post messages one at a time that are typically grouped by topic and preserved on the web page in chronological order, for anyone to read. As their names suggests, a "forum" or "message board" on a city web page would potentially constitute a "public forum." F. Accessibility Requirements One other concern in designing a local agency's website is whether it is accessible to individuals with disabilities. Under the Americans with Disabilities Act (the "ADA"), local governments must ensure that they provide qualified 344 Gamier v. O'Connor-Ratcliff, 41 FAth 1 158 (9th Cir. 2022). See also Knight First Amendment Institute v. Trump, 928 F. 3d 226, 237-238 (2nd. Cir. 2019), cert. granted, judgment vacated by Biden v. Knight First Amendment Institute At Columbia University, 141 S.Ct. 1220, (Apr. 05, 2021); dismissed as moot, 2021 WL 5548367 (2nd Cir., May 26, 2021). In the vacated opinion, the Second Circuit previously held that President Trump unconstitutionally excluded individuals from a public forum by blocking individual users who criticized him or his policies from his Twitter account, thus preventing them from "viewing, retweeting, replying to, and liking his tweets". 345 Id. at 1163. 346 Id. at 1178. 347 Id. 348 Id. at 1 181 . 349 Id. at 1182. Public Records Act Page 75 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records individuals with disabilities equal access to their programs and services, including by making reasonable modifications to rules, policies, or practices; removing architectural, communication, or transportation barriers; or providing auxiliary aids or services, unless doing so would fundamentally alter the nature of their programs or services or would impose an undue burden.35o Local governments must take appropriate steps to ensure that their communications with applicants, participants, members of the public, and companions are as effective as communications with others, and furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities an equal opportunity to participate in and enjoy the benefits of a government service, program or aCtivity.351 Based on these requirements, the U.S. Department of Justice takes the position that state and local government websites must be designed to be accessible to individuals with disabilities. In March 2022, the U.S. Department of Justice issued guidance describing how state and local governments and businesses open to the public can make sure that their websites are accessible to people with disabilities as required by the ADA.352 The DOJ will pursue enforcement actions, settlements and consent decrees to ensure that governmental websites are accessible.353 In designing and maintaining an agency's web page to ensure compliance with First Amendment and Brown Act requirements, an agency should make sure it is designed for accessibility as well, in order to minimize the potential for litigation and adverse decisions. There are currently no federal regulations addressing website accessibility requirements for state and local governments. In July 2022, the U.S. Department of Justice announced its intention to initiate the rule -making process in April 2023, with a comment period ending June 2023.354 Pending adoption of federal standards, many state and local governments have used draft regulations issued during a prior Department of Justice rule -making process that started in 2010, but 350 42 U.S.C. § 12131 et seq. 351 28 C.F.R. 35.160(a) and (b) (1). 352 See U.S. Department of Justice Guidance on Guidance on Web Accessibility and the ADA (issued March 18, 2022), DOJ 22-262 (D.O.J.), 2022 WL 820126; also available at https://www.ada.gov/resources/web-guidance/. 353 See U.S. Dep't of Justice, Accessibility of State and Local Government Websites to People with Disabilities (available at http://www.ada.gov/websites2.htm or https://www.ada.gov/websites2 prnt.pdf; U.S. Dep't of Justice, ADA Best Practices Tool Kit for State and Local Governments, Chapter 5, "Website Accessibility Under Title II of the ADA" (available at https://www.ada.qoy/ocatoolkit/chap5toolkit.htm or https://www.ada.gov/ocatoolkit/ch3 toolkit.odf). See Borden v. City of Sacramento, 292 F. 3d 1073, 1076-1077 (9th Cir. 2002) (holding that the ADA must be construed broadly to apply to normal functions of a municipal entity in order to effectively implement the ADA's fundamental purpose of providing a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities). 354 The notice is available in the Department of Justice's Unified Agenda at: https://www.reginfo.gov/public/do/eAgendaViewRule?RIN=1 190- AA79&publd=202204&utm_mediu m=email &utm_source=govdelivery. Public Records Act Page 76 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records was ended in 2017.355 Those draft standards are often used by state and local governments as a guide for best practices in considering accessibility issues. In addition, even without specific technical standards applicable to local governments, there are a number of regulations and guidelines that may be used to design accessible public websites. Other federal laws may impose accessibility requirements on local government websites, depending on the circumstances. For example, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability by federal agencies and recipients of federal assistance, and consequently recipients of federal funds may need to meet federal accessibility requirements.356 Section 508 of the Workforce Rehabilitation Act of 1973, as amended, also requires programs and activities funded by federal agencies to be accessible to people with disabilities, including federal employees and members of the public, and covers ICT developed, procured, maintained, or used by federal agencies.357 The Telecommunications Act of 1996 requires in part that telecommunications products and services be accessible to people with disabilities.358 Potential sources of website design standards include: • The Federal Information and Communications Technology (ICT) Final Standards and Guidelines, set forth at 36 C.F.R. parts 1 193 and 1 194;359 and • The World Wide Web Consortium (W3C) Web Content Accessibility Guidelines.360 While these sources do not expressly apply to city websites, they provide various methods of ensuring that a web page is accessible, including providing text equivalents for graphics, ensuring that information conveyed with color is also available without color, and using high contrast color choices. Many state and 355 See 75 Fed. Reg. 43460 (July 26, 2010), 2010 WL 2888003(F.R.); 81 Fed. Reg. 28658 (May 9, 2016), 2016 WL 2609932(F.R.); and 82 Fed. Reg. 60932 (December 26, 2017), 2017 WL 6555806(F.R.). 356 29 U.S.C. § 794. 357 29 U.S.C. § 794d; see 36 C.F.R. Part 1 194; Appendix A to Part 1 194—Section 508 of the Rehabilitation Act: Application and Scoping Requirements; Appendix C to Part 1 194—Functional Performance Criteria and Technical Requirements; and Appendix D to Part 1194—Electronic and Information Technology Accessibility Standards as Originally Published on December 21, 2000. 358 47 U.S.C. §§ 153 and 255. 359 82 Fed. Reg. 5790-01 (1/18/17), 2017 WL 168818, as amended 83 Fed. Reg. 2912 (1/22/18), 2018 WL 488398. These federal regulations were enacted pursuant to Section 508 of the Workforce Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and the Telecommunications Act of 1996 (47 U.S.C. §§ 153 and 255). 360 Available at http://www.w3.org/. The revised Section 508 standards contained in the federal regulations are based on WCAG 2.0 developed by the World Wide Web Consortium (W3C). Public Records Act Page 77 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records local agencies have incorporated the federal requirements into the design of their information technology systems, including their websites.361 Providing accommodations for persons with disabilities to use public websites is not particularly onerous; in fact, the Department of Justice has stated that "implementing accessibility features is not difficult and will seldom change the layout or appearance of web pages."362 IV. CONCLUSIONS The law related to electronic documents continues to evolve as computer technology advances and public officials respond and adapt to those advances. The advent of email, text messages, and other forms of social media has expanded the opportunities for collaboration greatly, but has simultaneously expanded the potential for inadvertent Brown Act violations, as well as unwanted disclosure of preliminary or sensitive information when emails and text messages must be disclosed in response to a Public Records Act request. When using email, public officials should refrain from using "reply all" to avoid serial meetings, and should be aware of the disclosure requirements of the Brown Act for documents related to items discussed at a public meeting. Public officials should also be sensitive to the risk that the Public Records Act may require disclosure of emails or text messages in which they discuss public business, and not treat them as casual conversation. While the deliberative process privilege may apply to protect some such emails or text messages, the doctrine has been applied sparingly by California courts. A clear policy regarding the deletion of emails and text messages will also help to reduce unwanted exposure, although an agency must be able to suspend its usual deletion procedures to preserve electronic records potentially relevant to state or federal litigation. Although federal and state laws continue to develop, electronic documents and information other than emails (for example, posts on social media websites, such as Facebook363 or Twitter,364 that are deemed to be a public forum or otherwise relate to an agency's public business) may be subject to disclosure under the California Public Records Act, California discovery rules, and Federal Rules of Civil 361 In California, state websites must meet both the web accessibility standards in California Government Code §§ 7405 and 11135, which adopted the Section 508 standards and the Priority 1 and 2 level checkpoints of the Web Content Accessibility Guidelines 2.0 (WCAG 2.0 "AA" Conformance Level) developed by the World Wide Web Consortium (W3C). 362 U.S. Dep't of Justice, Accessibility of State and Local Government Websites to People with Disabilities, htto://www.ada.gov/websites2.htm. 363 See discussion in Part III(G), above, regarding Davison v. Randall, 912 F. 3d 666 (county official's Facebook page deemed a public form). See also German v. Eudaly, 2018 WL 3212020 (D. Ore. 2018) [on facts presented, judge ruled that a city commissioner did not violate a public activist's right to petition the government when the commissioner blocked the activist from seeing the commissioner's nonofficial Facebook page and denied a public records request to see the Facebook page, but granted the activist leave to amend her complaint to show that the commissioner acted in her official capacity when using her nonofficial Facebook page]. 364 See discussion in Part III(E), fn. 350, above, regarding One Wisconsin Now v. Kremer, 354 F. Supp. 3d 940 (interactive portions of state legislators' Twitter accounts constituted a designated public forum under the First Amendment). Public Records Act Page 78 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records Procedure 26(a). An agency must make electronic records available in an electronic format if requested in response to a Public Records Act request. An agency may also have to disclose electronic records in litigation and even metadata may be discoverable. Thus, it is important to avoid the automatic creation of metadata, to the extent possible. Public officials should also consult with their information technology departments to ensure that metadata is not inadvertently inserted into electronic records when they are created. With respect to websites, caution must be taken to ensure a public agency's website does not indicate support or approval of, or promote or advocate for, a candidate for elective office. Likewise, a public agency website cannot be used to advocate for or against an initiative election. In addition to avoiding express advocacy that unambiguously suggests a particular position in a campaign, public officials must also avoid any actions which, based on their "style, tenor and timing," may lead to a determination that a public agency website contains impermissible advocacy. The content of a website link policy, and the manner in which such a policy is implemented, are critical in a public agency's ability to regulate the information and links that will be permitted on its website. It is important that a public agency does not arbitrarily discriminate in denying requests for website links. The establishment and adherence to a specific written policy regarding website links would likely assist a public agency in avoiding the litigation challenges faced by the City of Cookeville in the Putnam Pit case, and should assist generally in avoiding violations of the First Amendment. A uniform policy, such as that upheld in the Vargas opinion, may serve as a viable defense to such challenges. We have several recommendations for drafting website policies. First, the website link policy should contain a "statement of purpose" indicating that neither the public agency's website nor its links list are "forums" for expressive activity by the public. The following is our suggested language for that portion of the policy, for the hypothetical City of Anytown: "This policy governs the establishment of external links on the City of Anytown's official website. For purposes of this policy, an `external link' is a hyperlink from the City of Anytown's website to a website maintained by another party. Neither the City of Anytown's website nor the external links listed on such website constitute a forum for expressive activity by members of the public. Rather, the purpose of the City of Anytown's website and the external links list is to provide information about officials, services, and attractions related to City of Anytown. This policy is declaratory of the City of Anytown's existing Public Records Act Page 79 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records administrative practice regarding the establishment of external links on its website." Second, the website link policy should specifically designate the types of organizations that are eligible to have a link established to their website. We think eligibility may be limited to nonprofit entities (as Cookeville chose to do), but it does not have to be so restricted. We also recommend that the website specifically exclude links to sites that have as their purpose the election or defeat of specific candidates or the passage or defeat of specific ballot measures, regardless of political position. In our opinion, implementation of these suggestions will strengthen a public agency's position if it ever becomes necessary to defend a decision to deny a request for a link from a public agency's website. Finally, the agency should ensure that its web page 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 choices. Public Records Act Page 80 © 2023 Richards, Watson & Gershon 2769535 PART THREE. THE CALIFORNIA PUBLIC RECORDS ACT Public Records Act Page 81 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act The California Public Records Act DIVISION 10. ACCESS TO PUBLIC RECORDS PART 1. GENERAL PROVISIONS CHAPTER 1. Preliminary Provisions Article 1. Short Titles 7920.000. This division shall be known and may be cited as the California Public Records Act. 7920.005. This division recodifies the provisions of former Chapter 3.5 (commencing with Section 6250) of Division 7 of this title. The act that added this division, and the act that consists of conforming revisions to reflect the addition of this division, shall be known and may be cited as the "CPRA Recodification Act of 2021." Article 2. Effect of Recodification 7920.100. Nothing in the CPRA Recodification Act of 2021 is intended to substantively change the law relating to inspection of public records. The act is intended to be entirely nonsubstantive in effect. Every provision of this division and every other provision of this act, including, without limitation, every cross- reference in every provision of the act, shall be interpreted consistent with the nonsubstantive intent of the act. 7920.105. (a) A provision of this division, or any other provision of the CPRA Recodification Act of 2021, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment. (b) A reference in a statute to a previously existing provision that is restated and continued in this division, or in any other provision of the CPRA Recodification Act of 2021, shall, unless a contrary intent appears, be deemed a reference to the restatement and continuation. (c) A reference in a statute to a provision of this division, or any other provision of the CPRA Recodification Act of 2021, which is substantially the same as a previously existing provision, shall, unless a contrary intent appears, be deemed to include a reference to the previously existing provision. 7920.110. (a) A judicial decision interpreting a previously existing provision is relevant in interpreting any provision of this division, or any other provision of the Public Records Act Page 82 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CPRA Recodification Act of 2021, which restates and continues that previously existing provision. (b) However, in enacting the CPRA Recodification Act of 2021, the Legislature has not evaluated the correctness of any judicial decision interpreting a provision affected by the act. (c) The CPRA Recodification Act of 2021 is not intended to, and does not, reflect any assessment of any judicial decision interpreting any provision affected by the act. 7920.115. (a) An opinion of the Attorney General interpreting a previously existing provision is relevant in interpreting any provision of this division, or any other provision of the CPRA Recodification Act of 2021, which restates and continues that previously existing provision. (b) However, in enacting the CPRA Recodification Act of 2021, the Legislature has not evaluated the correctness of any Attorney General opinion interpreting a provision affected by the act. (c) The CPRA Recodification Act of 2021 is not intended to, and does not, reflect any assessment of any Attorney General opinion interpreting any provision affected by the act. 7920.120. (a) A judicial decision or Attorney General opinion on the constitutionality of a previously existing provision is relevant in determining the constitutionality of any provision of this division, or any other provision of the CPRA Recodification Act of 2021, which restates and continues that previously existing provision. (b) However, in enacting the CPRA Recodification Act of 2021, the Legislature has not evaluated the constitutionality of any provision affected by the act, or the correctness of any judicial decision or Attorney General opinion on the constitutionality of any provision affected by the act. (c) The CPRA Recodification Act of 2021 is not intended to, and does not, reflect any determination of the constitutionality of any provision affected by the act. Article 3. Effect of Division 7920.200. The provisions of this division shall not be deemed in any manner to affect the status of judicial records as it existed immediately before the effective date of the provision that is continued in this section, nor to affect the rights of litigants, including parties to administrative proceedings, under the laws of Public Records Act Page 83 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act discovery of this state, nor to limit or impair any rights of discovery in a criminal case. CHAPTER 2. Definitions 7920.500. For purposes of Article 3 (commencing with Section 7928.200) of Chapter 14 of Part 5, "elected or appointed official" includes, but is not limited to, all of the following: (a) A state constitutional officer. (b) A Member of the Legislature. (c) A judge or court commissioner. (d) A district attorney. (e) A public defender. (f) A member of a city council. (g) A member of a board of supervisors. (h) An appointee of the Governor. (i) An appointee of the Legislature. (j) A mayor. (k) A city attorney. (1) A police chief or sheriff. (m) A public safety official. (n) A state administrative law judge. (o) A federal judge or federal defender. (p) A member of the United States Congress or appointee of the President of the United States. 7920.505. (a) The following provisions are continuations of provisions that were included in former Section 6254 as that section read when it was repealed by the CPRA Recodification Act of 2021: (1) Section 7921.500. Public Records Act Page 84 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (2) Sections 7923.600 to 7923.625, inclusive. (3) Section 7923.700. (4) Sections 7923.800 and 7923.805. (5) Section 7924.505. (6) Section 7925.000. (7) Section 7925.005. (8) Section 7925.010. (9) Section 7926.000. (10) Section 7926.100. (1 1) Section 7926.200. (12) Section 7926.210. (13) Section 7926.220, except the continuation of former Section 6254.14(b). (14) Section 7926.225, except the continuation of former Section 6254.14(b). (15) Section 7926.230, except the continuation of former Section 6254.14(b). (16) Section 7926.235. (17) Section 7927.000. (18) Section 7927.100. (19) Section 7927.200. (20) Section 7927.300. (21) Section 7927.500. (22) Section 7927.700. (23) Section 7927.705. (24) Section 7928.000. (25) Section 7928.100. Public Records Act Page 85 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (26) Sections 7928.405 and 7928.410. (27) Section 7928.705. (28) Section 7929.000. (29) Section 7929.200. (30) Section 7929.205. (31) Chapter 18 (commencing with Section 7929.400) of Part 5. (32) Section 7929.605. (b) The provisions listed in subdivision (a) may be referred to as "former Section 6254 provisions." (c) Subdivision (a) does not include any provision that was first codified in one of the specified numerical ranges after the effective date of the CPRA Recodification Act of 2021. 7920.510. As used in this division, "local agency" includes any of the following: (a) A county. (b) A city, whether general law or chartered. (c) A city and county. (d) A school district. (e) A municipal corporation. (f) A district. (g) A political subdivision. (h) Any board, commission, or agency of the foregoing. (i) Another local public agency. (j) An entity that is a legislative body of a local agency pursuant to subdivision (c) or (d) of Section 54952. 7920.515. As used in this division, "member of the public" means any person other than a member, agent, officer, or employee of a federal, state, or local agency Public Records Act Page 86 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act who is acting within the scope of that membership, agency, office, or employment. 7920.520. As used in this division, "person" includes any natural person, corporation, partnership, limited liability company, firm, or association. 7920.525. (a) As used in this division, "public agency" means any state or local agency. (b) As used in Article 5 (commencing with Section 7926.400) of Chapter 5 of Part 5, "public agency" means an entity specified in subdivision (c) of Section 7926.400. 7920.530. (a) As used in this division, "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. (b) "Public records" in the custody of, or maintained by, the Governor's office means any writing prepared on or after January 6, 1975. 7920.535. As used in this division, "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 the person's employment pursuant to Section 830.7 of the Penal Code. (b) A public officer or other person listed in Section 1808.2 or 1808.6 of the Vehicle Code. (c) An "elected or appointed official" as defined in Section 7920.500. (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 represents cities in criminal matters. (f) An employee of the Department of Corrections and Rehabilitation who supervises inmates or is required to have care or custody of a prisoner. (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, or a local juvenile hall, camp, Public Records Act Page 87 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 California. (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 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 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. 7920.540. (a) As used in this division, "state agency" means every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (b) Notwithstanding subdivision (a) or any other law, "state agency" also means the State Bar of California, as described in Section 6001 of the Business and Professions Code. 7920.545. As used in this division, "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. Public Records Act Page 88 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act PART 2. DISCLOSURE AND EXEMPTIONS GENERALLY CHAPTER 1. Right of Access to Public Records 7921.000. In enacting this division, 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. 7921.005. 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 division. 7921.010. (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 division to a private entity in a manner that prevents a state or local agency from providing the record directly pursuant to this division. (b) Nothing in this section requires a state or local agency to use the State Printer to print public records. (c) Nothing in this section prevents the destruction of a public record pursuant to law. (d) This section shall not apply to contracts entered into before January 1, 1996, between the County of Santa Clara and a private entity, for the provision of public records subject to disclosure under this division. CHAPTER 2. General Rules Governing Disclosure Article 1. Nondiscrimination 7921.300. This division 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. 7921.305. (a) Notwithstanding the definition of "member of the public" in Section 7920.515, 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. (b) This section does not constitute a change in, but is declaratory of, existing law. 7921.310. Notwithstanding Section 7921.305 or any other provision of law, when the members of a legislative body of a local agency are authorized to access a Public Records Act Page 89 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. Article 2. Voluntary Disclosure 7921.500. Unless disclosure is otherwise prohibited by law, the provisions listed in Section 7920.505 do not prevent any agency from opening its records concerning the administration of the agency to public inspection. 7921.505. (a) As used in this section, "agency" includes a member, agent, officer, or employee of the agency acting within the scope of that membership, agency, office, or employment. (b) Notwithstanding any other law, if a state or local agency discloses to a member of the public a public record that is otherwise exempt from this division, this disclosure constitutes a waiver of the exemptions specified in: (1) The provisions listed in Section 7920.505. (2) Sections 7924.510 and 7924.700. (3) Other similar provisions of law. (c) This section, however, does not apply to any of the following disclosures: (1) A disclosure made pursuant to the Information Practices Act (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) or a discovery proceeding. (2) A disclosure made through other legal proceedings or as otherwise required by law. (3) A disclosure within the scope of disclosure of a statute that limits disclosure of specified writings to certain purposes. (4) A disclosure not required by law, and prohibited by formal action of an elected legislative body of the local agency that retains the writing. (5) A disclosure made to a governmental agency that 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 that are consistent with existing law. Public Records Act Page 90 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (6) A disclosure of records relating to a financial institution or an affiliate thereof, if the disclosure is made to the financial institution or affiliate by a state agency responsible for regulation or supervision of the financial institution or affiliate. (7) A disclosure of records relating to a person who is subject to the jurisdiction of the Department of Business Oversight, if the disclosure is made to the person who 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 Business Oversight. (8) A disclosure made by the Commissioner of Business Oversight under Section 450, 452, 8009, or 18396 of the Financial Code. (9) A disclosure of records relating to a person who is subject to the jurisdiction of the Department of Managed Health Care, if the disclosure is made to the person who 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. Article 3. Disclosure to District Attorney and Related Matters 7921.700. A state or local agency shall allow an inspection or copying of any public record or class of public records not exempted by this division when requested by a district attorney. 7921.705. (a) If a district attorney makes a request to a state or local agency to inspect or receive a copy of a public record or class of public records not exempted by this division, and the state or local agency fails or refuses to allow inspection or copying within 10 working days of that request, the district attorney may petition a court of competent jurisdiction to require the state or local agency to allow the requested inspection or copying. (b) Unless the public interest or good cause in withholding the requested records clearly outweighs the public interest in disclosure, the court may require the public agency to allow the district attorney to inspect or copy those records. 7921.710. Disclosure of records to a district attorney under the provisions of this division shall effect no change in the status of the records under any other provision of law. Public Records Act Page 91 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CHAPTER 3. General Rules Governing Exemptions from Disclosure Article 1. Justification for Withholding of Record 7922.000. An agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this division, 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. Article 2. Social Security Numbers and Related Matters 7922.200. (a) It is the intent of the Legislature that, in order to protect against the risk of identity theft, a local agency shall redact social security numbers from a record before disclosing the record to the public pursuant to this division. (b) Nothing in this division shall be construed to require a local agency to disclose a social security number. (c) This section does not apply to a record maintained by a county recorder. 7922.205. Nothing in this division 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. 7922.210. Nothing in this division shall be construed to require the disclosure by a filing office of any "official filing," if a "public filing" version of that record is available pursuant to Section 9526.5 of the Commercial Code. PART 3. PROCEDURES AND RELATED MATTERS CHAPTER 1. Request for a Public Record Article 1. General Principles 7922.500. Nothing in this division shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. 7922.505. 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 division. Public Records Act Page 92 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Article 2. Procedural Requirements Generally 7922.525. (a) Public records are open to inspection at all times during the office hours of a state or local agency and every person has a right to inspect any public record, exempted as otherwise provided. (b) 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. 7922.530. (a) 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. (b) A requester who inspects a disclosable record on the premises of the agency has the right to use the requester's equipment on those premises, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record, unless the means of copy or reproduction would result in either of the following: (1) Damage to the record. (2) Unauthorized access to the agency's computer systems or secured networks by using software, equipment, or any other technology capable of accessing, altering, or compromising the agency's electronic records. (c) The agency may impose any reasonable limits on the use of the requester's equipment that are necessary to protect the safety of the records or to prevent the copying of records from being an unreasonable burden to the orderly function of the agency and its employees. In addition, the agency may impose any limit that is necessary to maintain the integrity of, or ensure the long-term preservation of, historic or high -value records. 7922.535. (a) 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. If the agency determines that the request seeks disclosable public records, the agency shall also state the estimated date and time when the records will be made available. Public Records Act Page 93 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) In unusual circumstances, the time limit prescribed in this article and Article 1 (commencing with Section 7922.500) may be extended by written notice from the head of the agency or a 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. (c) 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: (1) 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 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. 7922.540. (a) 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. (b) The notification of denial shall set forth the names and titles or positions of each person responsible for the denial. (c) An agency shall justify withholding any record by complying with Section 7922.000. 7922.545. (a) In addition to maintaining public records for public inspection during its office hours, a public agency may comply with Section 7922.525 by posting any public record on its internet website and, in response to a request for a public record posted on the internet website, directing a member of the public to the location on the internet website where the public record is posted. (b) However, if after the public agency directs a member of the public to the internet website, 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 Public Records Act Page 94 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act record from the internet website, the public agency shall promptly provide a copy of the public record pursuant to subdivision (a) of Section 7922.530. Article 3. Information in Electronic Format 7922.570. (a) Unless otherwise prohibited by law, any agency that has information that constitutes an identifiable public record not exempt from disclosure pursuant to this division that is in an electronic format shall make that information available in an electronic format when requested by any person. (b) When applicable, the agency shall do the following: (1) The agency shall make the information available in any electronic format in which it holds the information. (2) The agency shall provide a copy of an electronic record in the format requested if the requested format is one that the agency has used to create copies for its own use or for provision to other agencies. (c) If a request is for information in other than electronic format, and the information also is in electronic format, an agency may inform the requester that the information is available in electronic format. 7922.575. (a) The cost of duplication of an electronic record pursuant to paragraph (2) of subdivision (b) of Section 7922.570 shall be limited to the direct cost of producing a copy of a record in an electronic format. (b) Notwithstanding 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 subdivisions (a) and (b) of Section 7922.570, the public agency would be required to produce a copy of an electronic 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. 7922.580. (a) Nothing in Section 7922.570 or 7922.575 shall be construed to require a public agency to reconstruct a record in an electronic format if the agency no longer has the record available in an electronic format. (b) Nothing in Section 7922.570 or 7922.575 shall be construed to permit an agency to make information available only in an electronic format. Public Records Act Page 95 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (c) Nothing in Section 7922.570 or 7922.575 shall be construed to require a 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. (d) Nothing in Section 7922.570 or 7922.575 shall be construed to permit public access to records held by any agency to which access is otherwise restricted by statute. 7922.585. (a) As used in this section, "computer software" includes computer mapping systems, computer programs, and computer graphics systems. (b) Computer software developed by a state or local agency is not itself a public record under this division. The agency may sell, lease, or license the software for commercial or noncommercial use. (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 division. (e) Nothing in this section is intended to limit any copyright protections. Article 4. Duty to Assist in Formulating Request 7922.600. (a) 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. (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 Public Records Act Page 96 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 Article 1 (commencing with Section 7922.500) or Article 2 (commencing with Section 7922.525). 7922.605. This article shall not apply to a request for public records if any of the following applies: (a) The public agency makes the requested records available pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525). (b) The public agency makes an index of its records available. (c) The public agency determines that the request should be denied and bases that determination solely on an exemption listed in Section 7920.505. CHAPTER 2. Agency Regulations, Guidelines, Systems, and Similar Matters Article 1. Agency Regulations and Guidelines 7922.630. Every agency may adopt regulations in accordance with this article stating the procedures to be followed when making its records available. 7922.635. (a) The following state and local bodies shall establish written guidelines for accessibility of records: (1) All regional water quality control boards. (2) Bay Area Air Pollution Control District. (3) California Coastal Commission. (4) Department of Business Oversight. (5) Department of Consumer Affairs. (6) Department of Corrections and Rehabilitation. (7) Department of General Services. (8) Department of Industrial Relations. (9) Department of Insurance. Public Records Act Page 97 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (10) Department of Justice. (1 1) Department of Managed Health Care. (12) Department of Motor Vehicles. (13) Department of Parks and Recreation. (14) Department of Real Estate. (15) Department of Toxic Substances Control. (16) Department of Veterans Affairs. (17) Department of Water Resources. (18) Division of Juvenile Justice. (19) Employment Development Department. (20) Golden Gate Bridge, Highway and Transportation District. (21) Los Angeles County Air Pollution Control District. (22) Office of Environmental Health Hazard Assessment. (23) Public Employees' Retirement System. (24) Public Utilities Commission. (25) San Francisco Bay Area Rapid Transit District. (26) San Francisco Bay Conservation and Development Commission. (27) Secretary of State. (28) State Air Resources Board. (29) State Board of Equalization. (30) State Department of Developmental Services. (31) State Department of Health Care Services. (32) State Department of Public Health. (33) State Department of Social Services. Public Records Act Page 98 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (34) State Department of State Hospitals. (35) State Water Resources Control Board. (36) Teachers' Retirement Board. (37) Transportation Agency. (b) 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. 7922.640. (a) Guidelines and regulations adopted pursuant to this article shall be consistent with all other sections of this division and shall reflect the intention of the Legislature to make the records accessible to the public. (b) Guidelines and regulations adopted pursuant to this article shall not operate to limit the hours public records are open for inspection as prescribed in Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525). Article 2. Internet Resources 7922.680. If a local agency, except a school district, maintains an internet resource, including, but not limited to, an internet website, 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 redistribution of the public record. (d) Retains the data definitions and structure present when the data was compiled, if applicable. Public Records Act Page 99 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Article 3. Catalog of Enterprise Systems 7922.700. For purposes of this article: (a) "Enterprise system" means a software application or computer system that satisfies all of the following conditions: (1) It collects, stores, exchanges, and analyzes information that the agency uses. (2) It is a multidepartmental system or a system that contains information collected about the public. (3) It is a system of record. (b) An "enterprise system" does not include any of the following: (1) Information technology security systems, including firewalls and other cybersecurity systems. (2) Physical access control systems, employee identification management systems, video monitoring, and other physical control systems. (3) Infrastructure and mechanical control systems, including those that control or manage street lights, electrical, natural gas, or water or sewer functions. (4) Systems related to 911 dispatch and operation or emergency services. (5) Systems that would be restricted from disclosure pursuant to Section 7929.210. (6) The specific records that the information technology system collects, stores, exchanges, or analyzes. 7922.705. For purposes of this article, "system of record" means a system that serves as an original source of data within an agency. 7922.710. (a) In implementing this division, each local agency, except a local educational agency, shall create a catalog of enterprise systems. (b) The local agency shall complete and post the catalog as required by this article by July 1, 2016, and thereafter shall update the catalog annually. 7922.715. (a) The catalog of enterprise systems required by Section 7922.710 shall be made publicly available upon request in the office of the person or officer designated by the agency's legislative body. (b) If the agency has an internet website, the catalog shall be posted in a prominent location on the agency's internet website. Public Records Act Page 100 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7922.720. (a) The catalog of enterprise systems required by Section 7922.710 shall disclose a list of the enterprise systems utilized by the agency. (b) For each system, the catalog 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. (c) 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 (b) 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. 7922.725. (a) This article shall not be interpreted to limit a person's right to inspect public records pursuant to this division. (b) Nothing in this article 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 a public record, as set forth in this division. PART 4. ENFORCEMENT CHAPTER 1. General Principles 7923.000. Any person may institute a proceeding for injunctive or declarative relief, or for a writ of mandate, in any court of competent jurisdiction, to enforce that person's right under this division to inspect or receive a copy of any public record or class of public records. 7923.005. In a proceeding under Section 7923.000, the court shall set the times for hearings and responsive pleadings with the object of securing a decision as to the matters at issue at the earliest possible time. Public Records Act Page 101 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CHAPTER 2. Enforcement Procedure Article 1. Petition to Superior Court 7923.100. 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 the public, the court shall order the officer or other person charged with withholding the records to disclose those records or show cause why that person should not do so. 7923.105. The court shall decide the case after the court does all of the following: (a) Examine the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code. (b) Examine any papers filed by the parties. (c) Consider any oral argument and additional evidence as the court may allow. 7923.110. (a) If the court finds that the public official's decision to refuse disclosure is not justified under Section 7922.000 or any provision listed in Section 7920.505, the court shall order the public official to make the record public. (b) If the court finds that the public official was justified in refusing to make the record public, the court shall return the record to the public official without disclosing its content, together with an order supporting the decision refusing disclosure. 7923.115. (a) If the requester prevails in litigation filed pursuant to this chapter, the court shall award court costs and reasonable attorney's fees to the requester. The costs and fees shall be paid by the public agency and shall not become a personal liability of the public official involved. (b) If the court finds that a requester's case pursuant to this chapter is clearly frivolous, the court shall award court costs and reasonable attorneys' fees to the public agency. (c) This article does not limit a requester's right to obtain fees and costs pursuant to this section or any other law. Article 2. Writ Review and Contempt 7923.500. (a) 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 Public Records Act Page 102 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act reviewable by petition to the appellate court for the issuance of an extraordinary writ. (b) Upon entry of any order pursuant to this chapter, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon the party of a written notice of entry of the order, or within a further time, not exceeding an additional 20 days, as the trial court may for good cause allow. (c) If the notice is served by mail, the period within which to file the petition shall be increased by five days. (d) A stay of an order or judgment shall not be granted unless the petitioning party demonstrates that the party will otherwise sustain irreparable damage and probable success on the merits. (e) Any person who fails to obey the order of the court shall be cited to show cause why that person is not in contempt of court. PART 5. SPECIFIC TYPES OF PUBLIC RECORDS CHAPTER 1. Crimes, Weapons, and Law Enforcement Article 1. Law Enforcement Records Generally 7923.600. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of 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 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. (b) A customer list that an alarm or security company provides to a state or local police agency at the agency's request is a record subject to this article. 7923.605. (a) Notwithstanding Section 7923.600, a state or local law enforcement agency 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, Public Records Act Page 103 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger either of the following: (1) The safety of a witness or other person involved in the investigation. (2) The successful completion of the investigation or a related investigation. (b) However, this article does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer. 7923.610. Notwithstanding any other provision of this article, a state or local law enforcement agency shall make public all of 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: (a) The full name and occupation of every individual arrested by the agency. (b) The individual's physical description including date of birth, color of eyes and hair, sex, height, and weight. (c) The time and date of arrest. (d) The time and date of booking. (e) The location of the arrest. (f) The factual circumstances surrounding the arrest. (g) The amount of bail set. (h) The time and manner of release or the location where the individual is currently being held. (i) All charges the individual is being held upon, including any outstanding warrants from other jurisdictions, parole holds, and probation holds. 7923.615. (a) (1) Notwithstanding any other provision of this article, a state or local law enforcement agency shall make public the information described in paragraph (2), 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. Public Records Act Page 104 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (2) Subject to the restrictions imposed by Section 841.5 of the Penal Code, paragraph (1) applies to 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: (A) The time, date, and location of occurrence. (B) The time and date of the report. (C) The name and age of the victim. (D) The factual circumstances surrounding the crime or incident. (E) A general description of any injuries, property, or weapons involved. (b) (1) The name of a victim of any crime defined by Section 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 287, 288, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of, or former Section 288a 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 ,•7i�lr�Tir� (2) 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 article 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 section. (c) (1) 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. (2) For purposes of this article, "immediate family" has the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code. 7923.620. (a) Notwithstanding any other provision of this article, if the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental 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 Public Records Act Page 105 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Code, a state or local law enforcement agency 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) Subject to the restrictions of Section 841.5 of the Penal Code and this article, the current address of every individual arrested by the agency. (2) Subject to the restrictions of Section 841.5 of the Penal Code and this article, the current address of the victim of a crime. 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, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 287, 288, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of, or former Section 288a of, the Penal Code shall remain confidential. (b) Address information obtained pursuant to this section 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. (c) This section shall not be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this section. 7923.625. Notwithstanding any other provision of this article, commencing July 1, 2019, a video or audio recording that relates to a critical incident, as defined in subdivision (e), may be withheld only as follows: (a) (1) During an active criminal or administrative investigation, disclosure of a recording related to a critical incident may be delayed for no longer than 45 calendar days after the date the agency knew or reasonably should have known about the incident, if, based on the facts and circumstances depicted in the recording, disclosure would substantially interfere with the investigation, such as by endangering the safety of a witness or a confidential source. If an agency delays disclosure pursuant to this section, the agency shall provide in writing to the requester the specific basis for the agency's determination that disclosure would substantially interfere with the investigation and the estimated date for disclosure. (2) After 45 days from the date the agency knew or reasonably should have known about the incident, and up to one year from that date, the agency may continue to delay disclosure of a recording if the agency demonstrates that disclosure would substantially interfere with the investigation. After one year from the date the agency knew or reasonably should have known about the incident, Public Records Act Page 106 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act the agency may continue to delay disclosure of a recording only if the agency demonstrates by clear and convincing evidence that disclosure would substantially interfere with the investigation. If an agency delays disclosure pursuant to this paragraph, the agency shall promptly provide in writing to the requester the specific basis for the agency's determination that the interest in preventing interference with an active investigation outweighs the public interest in disclosure and provide the estimated date for the disclosure. The agency shall reassess withholding and notify the requester every 30 days. A recording withheld by the agency shall be disclosed promptly when the specific basis for withholding is resolved. (b) (1) If the agency demonstrates, on the facts of the particular case, that the public interest in withholding a video or audio recording clearly outweighs the public interest in disclosure because the release of the recording would, based on the facts and circumstances depicted in the recording, violate the reasonable expectation of privacy of a subject depicted in the recording, the agency shall provide in writing to the requester the specific basis for the expectation of privacy and the public interest served by withholding the recording and may use redaction technology, including blurring or distorting images or audio, to obscure those specific portions of the recording that protect that interest. However, the redaction shall not interfere with the viewer's ability to fully, completely, and accurately comprehend the events captured in the recording and the recording shall not otherwise be edited or altered. (2) Except as provided in paragraph (3), if the agency demonstrates that the reasonable expectation of privacy of a subject depicted in the recording cannot adequately be protected through redaction as described in paragraph (1) and that interest outweighs the public interest in disclosure, the agency may withhold the recording from the public, except that the recording, either redacted as provided in paragraph (1) or unredacted, shall be disclosed promptly, upon request, to any of the following: (A) The subject of the recording whose privacy is to be protected, or the subject's authorized representative. (B) If the subject is a minor, the parent or legal guardian of the subject whose privacy is to be protected. (C) If the subject whose privacy is to be protected is deceased, an heir, beneficiary, designated immediate family member, or authorized legal representative of the deceased subject whose privacy is to be protected. (3) If disclosure pursuant to paragraph (2) would substantially interfere with an active criminal or administrative investigation, the agency shall provide in writing to the requester the specific basis for the agency's determination that disclosure Public Records Act Page 107 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act would substantially interfere with the investigation, and provide the estimated date for the disclosure of the video or audio recording. Thereafter, the recording may be withheld by the agency for 45 calendar days, subject to extensions as set forth in paragraph (2) of subdivision (a). (c) An agency may provide greater public access to video or audio recordings than the minimum standards set forth in this section. (d) For purposes of this section, a peace officer does not include any peace officer employed by the Department of Corrections and Rehabilitation. (e) For purposes of this section, a video or audio recording relates to a critical incident if it depicts any of the following incidents: (1) An incident involving the discharge of a firearm at a person by a peace officer or custodial officer. (2) An incident in which the use of force by a peace officer or custodial officer against a person resulted in death or in great bodily injury. (f) This section does not alter, limit, or negate any other rights, remedies, or obligations with respect to public records regarding an incident other than a critical incident as described in subdivision (e). 7923.630. (a) Immediately before the CPRA Recodification Act of 2021, the other provisions in this article comprised a single subdivision of former Section 6254 (subdivision (f) of Section 29 of Chapter 385 of the Statutes of 2019). (b) Dividing the substance of those provisions into multiple code sections was not intended to affect the construction of those provisions or their relation to each other. Article 2. Obtaining Access to Law Enforcement Records 7923.650. The exemption of records of complaints to, or investigations conducted by, any state or local agency for licensing purposes under Article 1 (commencing with Section 7923.600) shall not apply when a district attorney requests inspection of those records. 7923.655. (a) A state or local law enforcement agency shall not require a victim of an incident, or an authorized representative of a victim, 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 Article 1 (commencing with Section 7923.600). Public Records Act Page 108 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) If, for identification purposes, a state or local law enforcement agency requires a victim of an incident, or an authorized representative of a victim, to provide identification in order to obtain information required to be disclosed by that law enforcement agency pursuant to Article 1 (commencing with Section 7923.600), the agency shall at a minimum accept any of the following: (1) A current driver's license or identification card issued by any state in the United States. (2) A current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship. (3) A current Matricula Consular card. Article 3. Records of Emergency Communications to Public Safety Authorities 7923.700. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of a record obtained pursuant to paragraph (2) of subdivision (f) of Section 2891.1 of the Public Utilities Code. Article 4. Records Specifically Relating to Crime Victims 7923.750. (a) This division 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 that type of video or audio recording by demonstrating, pursuant to Section 7922.000 and subdivision (a) of Section 7922.540, 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. Public Records Act Page 109 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (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 7921.505. (d) Nothing in this section shall be construed to affect any other exemption provided by this division. 7923.755. (a) This division does not require disclosure of a record of the California Victim Compensation Board that relates 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. Article 5. Firearm Licenses and Related Records 7923.800. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of any of the following information contained in an application for a license to carry a firearm, issued by the sheriff of a county or the chief or other head of a municipal police department pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code: (a) Information that indicates when or where the applicant is vulnerable to attack. (b) Information that concerns the applicant's medical or psychological history, or that of members of the applicant's family. 7923.805. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of the home address or telephone number of any of the following individuals, as set forth in an application for a license to carry a firearm, or in a license to carry a firearm, issued by the sheriff of a county or the chief or other head of a municipal police department, pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code: (a) A prosecutor. Public Records Act Page 110 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) A public defender. (c) A peace officer. (d) A judge. (e) A court commissioner. (f) A magistrate. CHAPTER 2. Election Materials and Petitions Article 1. Voter Information 7924.000. (a) Except as provided in Section 2194 of the Elections Code, both of the following are confidential and shall not be disclosed to any person: (1) The home address, telephone number, email address, precinct number, or other number specified by the Secretary of State for voter registration purposes. (2) Prior registration information shown on an affidavit of registration. (b) 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 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person. (c) The signature of the voter that is shown on an affidavit of registration is confidential and shall not be disclosed to any person. (d) For purposes of this section, "home address" means street address only, and does not include an individual's city or post office address. 7924.005. (a) Notwithstanding Sections 7920.510, 7920.515, 7920.520, 7920.530, 7920.540, 7920.545, 7922.545, subdivision (a) of Section 7920.525, subdivision (b) of Section 7922.540, and Sections 7922.500 to 7922.535, inclusive, information compiled by a public officer or public employee that reveals the identity of a person who has requested a bilingual ballot or ballot pamphlet, in accordance with any federal or state law, or other data that would reveal the identity of the requester, is not a public record and shall not be provided to any person other than a public officer or public employee who is responsible for receiving the request and processing it. Public Records Act Page 1 1 1 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) Subdivision (a) does not prohibit a person, otherwise authorized by law, from examining election materials, including, but not limited to, an affidavit of registration, provided that a request for a bilingual ballot or ballot pamphlet is subject to the restrictions in subdivision (a). Article 2. Initiative, Referendum, Recall, and Other Petitions and Related Materials 7924.100. As used in this article, "petition" means any petition to which a registered voter has affixed the voter's own signature. 7924.105. As used in this article, "proponent of the petition" means the following: (a) For a statewide initiative or referendum measure, the person who submits a draft of a petition proposing the measure to the Attorney General with a request that the Attorney General prepare a title and summary of the chief purpose and points of the proposed measure. (b) For other initiative and referendum measures, the person who publishes a notice of intention to circulate a petition, or, where publication is not required, who files the petition with an elections official. (c) For a recall measure, the person defined in Section 343 of the Elections Code. (d) For a petition circulated pursuant to Section 5091 of the Education Code, the person having charge of the petition who submits the petition to the county superintendent of schools. (e) For a petition circulated pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of Division 3 of Title 2 of the Education Code, the person designated as chief petitioner under Section 35701 of the Education Code. (f) For a petition circulated pursuant to Part 46 (commencing with Section 74000) of Division 7 of Title 3 of the Education Code, the person designated as chief petitioner under Section 74102, 74133, or 74152 of the Education Code. 7924.110. (a) Notwithstanding Sections 7920.510, 7920.515, 7920.520, 7920.530, 7920.540, 7920.545, 7922.545, subdivision (a) of Section 7920.525, subdivision (b) of Section 7922.540, and Sections 7922.500 to 7922.535, inclusive, the following are not public records: (1) A statewide, county, city, or district initiative, referendum, or recall petition. (2) A petition circulated pursuant to Section 5091 of the Education Code. Public Records Act Page 112 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (3) A petition for reorganization of school districts submitted pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of Division 3 of Title 2 of the Education Code. (4) A petition for reorganization of community college districts submitted pursuant to Part 46 (commencing with Section 74000) of Division 7 of Title 3 of the Education Code. (5) A memorandum prepared by a county elections official in the examination of a petition, indicating which registered voters signed that particular petition. (b) The materials described in subdivision (a) shall not be open to inspection except by the following persons: (1) A public officer or public employee who has the duty of receiving, examining, or preserving the petition, or who is responsible for preparation of the memorandum. (2) If a petition is found to be insufficient, by the proponent of the petition and a representative of the proponent as may be designated by the proponent in writing, in order to determine which signatures were disqualified and the reasons therefor. (c) Notwithstanding subdivisions (a) and (b), the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a city attorney, a school district attorney, and a community college district attorney shall be permitted to examine the materials described in subdivision (a) upon approval of the appropriate superior court. (d) If the proponent of a petition is permitted to examine a petition and a memorandum pursuant to subdivision (b), the examination shall commence not later than 21 days after certification of insufficiency, and the county elections official shall retain the documents as prescribed in Section 17200 of the Elections Code. CHAPTER 3. Environmental Protection, Building Standards, and Safety Requirements Article 1. Pesticide Safety and Efficacy Information Disclosable Under the Federal Insecticide, Fungicide, and Rodenticide Act 7924.300. If both of the following conditions are satisfied, nothing in this division exempts from public disclosure the same categories of pesticide safety and efficacy information that are disclosable under Section 10(d)(1) of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136h(d)(1)): Public Records Act Page 113 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (a) The individual requesting the information is not an officer, employee, or agent specified in subdivision (a) of Section 7924.310. (b) The individual signs the affirmation specified in subdivision (b) of Section 7924.310. 7924.305. (a) The Director of Pesticide Regulation, upon the director's initiative, or upon receipt of a request pursuant to this division 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 before 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. (b) If the director determines that the data is not a trade secret, the director shall notify the registrant or applicant by certified mail. (c) The registrant or applicant shall have 30 days after receipt of this notification to provide the director with a complete justification and statement of the grounds on which the trade secret privilege is claimed. This justification and statement shall be submitted by certified mail. (d) 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 division 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 Section 7924.300. (e) This article does not prohibit any person from maintaining a civil action for wrongful disclosure of a trade secret. (f) "Trade secret" means data that is nondisclosable under Section 10(d)(1) of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136h(d)(1)). 7924.310. (a) Unless the applicant or registrant consents to disclosure of information that the applicant or registrant submits to the state pursuant to Article 4 (commencing with Section 1281 1) of Chapter 2 of Division 7 of the Food and Agricultural Code, the Director of Pesticide Regulation shall not knowingly disclose any of that information to any of the following: Public Records Act Page 114 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (1) An officer, employee, or agent of any business or other entity engaged in the production, sale, or distribution of pesticides in a country other than the United States, or in a country in addition to the United States. (2) Any other person who intends to deliver this information to any foreign or multinational business or entity. (b) To implement this section, the director shall require a person requesting information described in subdivision (a) to sign the following affirmation: AFFIRMATION OF STATUS This affirmation is required by Article 1 (commencing with Section 7924.300) of Chapter 3 of Part 5 of Division 10 of Title 1 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) 1 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 a country other than the United States or in a country in addition to the United States, or to an officer, employee, or agent of such a business or entity. (2) 1 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 Name of Requester's Organization Signature of Requester Address of Requester Date Request No. Public Records Act Page 115 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 organization listed above. (c) Section 118 of the Penal Code applies to any affirmation made pursuant to this article. 7924.315. Notwithstanding any other provision of this article, if the Director of Pesticide Regulation determines that information submitted by an applicant or registrant is needed to determine whether a pesticide, or any ingredient of any pesticide, causes unreasonable adverse effects on health or the environment, the director may disclose that information to any person in connection with a public proceeding conducted under law or regulation. 7924.320. The Director of Pesticide Regulation shall maintain records of the names of persons to whom data is disclosed pursuant to this article and the persons or organizations they represent and shall inform the applicant or registrant of the names and the affiliation of these persons. 7924.325. The Director of Pesticide Regulation may limit an individual to one request per month pursuant to this article if the director determines that a person has made a frivolous request within the past 12-month period. 7924.330. (a) 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 article, and who, knowing that disclosure of this material is prohibited by this article, 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. (b) For purposes of this section, any contractor with the state who is furnished information pursuant to this article, or any employee of any contractor, shall be considered an employee of the state. 7924.335. This article shall be operative only so long as, and to the extent that, enforcement of Section 10(d)(1) of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136h(d)(1)) has not been enjoined by federal court order. If a final and unappealable federal court judgment or decision holds that paragraph invalid, this article shall become inoperative, to the extent of the invalidity. Public Records Act Page 116 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Article 2. Pollution 7924.500. Nothing in this division requires the disclosure of records that relate to volatile organic compound or chemical substance information received or compiled by an air pollution control officer pursuant to Section 42303.2 of the Health and Safety Code. 7924.505. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of financial data contained in an application for financing under Division 27 (commencing with Section 44500) of the Health and Safety Code, if 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 a guarantee from the United States Small Business Administration. (b) 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 division. 7924.510. (a) Any information, analysis, plan, or specification that discloses the nature, extent, quantity, or degree of an air contaminant or other pollution that 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, is a public record. (b) All air or other pollution monitoring data, including data compiled from a stationary source, are public records. (c) Except as otherwise provided in subdivision (d) and Chapter 3 (commencing with Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code, a trade secret is not a public record under this section or Section 7924.700. (d) Notwithstanding any other provision of law, all air pollution emission data, including those emission data that constitute trade secrets as defined in subdivision (f), are public records. Data used to calculate emission data are not emission data for the purposes of this subdivision and data that constitute trade secrets and that are used to calculate emission data are not public records. (e) 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 Public Records Act Page 117 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. (f) As used in this section, "trade secret" may include, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that satisfies all of the following requirements: (1) It is not patented. (2) It 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. (3) It gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. Article 3. Building Standards and Safety Requirements 7924.700. (a) A record of a notice or an order that is directed to the owner of any building and relates to violation of a housing or building code, ordinance, statute, or regulation that constitutes a violation of a standard provided in Section 1941.1 of the Civil Code is a public record. (b) A record of subsequent action with respect to a notice or order described in subdivision (a) is a public record. Article 4. Enforcement Orders 7924.900. (a) Every final enforcement order issued by an agency listed in subdivision (b) under any provision of law that 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 division. (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. Public Records Act Page 118 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (4) The Department of Pesticide Regulation. (5) The Department of Toxic Substances Control. (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 entity 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. CHAPTER 4. Financial Records and Tax Records 7925.000. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of information required from any taxpayer in connection with the collection of local taxes if that information is received in confidence and disclosure of it to other persons would result in unfair competitive disadvantage to the person supplying the information. 7925.005. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of a statement of personal worth or personal financial data required by a licensing agency and filed by an applicant with the licensing agency to establish the applicant's personal qualification for the license, certificate, or permit requested. 7925.010. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of any of the following records: (a) Financial data contained in an application for registration, or registration renewal, as a service contractor, which is 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. (b) Financial data regarding the funded accounts held in escrow for service contracts held in force in this state by a service contractor. Public Records Act Page 119 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7925.015. This division does not require the disclosure of records that the Controller and third -party auditors obtain the possession of as a result of an examination of records pursuant to Section 1571 of the Code of Civil Procedure, other than records of property that should have been reported to the Controller as unclaimed property. CHAPTER 5. Health Care Article 1. Accreditation 7926.000. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of a final accreditation report of the Joint Commission on Accreditation of Hospitals that has been transmitted to the State Department of Public Health pursuant to subdivision (b) of Section 1282 of the Health and Safety Code. Article 2. Advance Health Care Directive and Related Matters 7926.100. (a) Except as provided in subdivision (b) and in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of any information that a person provides to the Secretary of State for the purpose of registration in the Advance Health Care Directive Registry. (b) The information described in subdivision (a) shall be released at the request of a health care provider, a public guardian, or the registrant's legal representative. Article 3. Contracts and Negotiations 7926.200. The provisions listed in Section 7920.505 do not prevent any health facility from disclosing to a certified bargaining agent relevant financing information pursuant to Section 8 of the National Labor Relations Act (29 U.S.C. Sec. 158). 7926.205. (a) Nothing in this division or any other provision of law requires 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. Public Records Act Page 120 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) Transmission of the records described in subdivision (a), or the information contained therein in an alternative form, to the board of supervisors is not a waiver of exemption from disclosure. The records and information once transmitted to the board of supervisors remain subject to the exemption described in subdivision (a). (c) (1) This section does not prevent the Joint Legislative Audit Committee from accessing any records 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. (2) This section does not prevent the Department of Managed Health Care from accessing any records 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. 7926.210. (a) Except as provided in subdivision (b) or in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of any records of a local hospital district, formed pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code, or 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, that relate to a contract with an insurer or a nonprofit hospital service plan for inpatient or outpatient services for alternative rates pursuant to Section 10133 of the Insurance Code. (b) A record described in subdivision (a) shall be open to inspection within one year after the contract is fully executed. 7926.215. (a) Except as provided in Sections 7924.510, 7924.700, and the provisions listed in Section 7920.505, this division does not 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 strategy 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. (b) (1) Except for the portion that contains the rates of payment, a contract 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 it is fully executed. (2) If a contract for health services was entered into before July 1, 1993, and amended on or after July 1, 1993, the amendment, except for any portion Public Records Act Page 121 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act containing rates of payment, shall be open to inspection one year after it is fully executed. (c) Three years after a contract or amendment is open to inspection under this section, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (d) (1) 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 California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office. (2) The California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office shall maintain the confidentiality of each contract or amendment until the contract or amendment is fully open to inspection by the public. (e) It is the intent of the Legislature that the confidentiality of health care provider contracts, and of the contracting process as provided in this section, shall 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. 7926.220. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of a state agency related to activities governed by Article 2.6 (commencing with Section 14081), Article 2.8 (commencing with Section 14087.5), or 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. (b) (1) Except for the portion containing the rates of payment, a contract for inpatient services entered into pursuant to one of these articles, on or after April 1, 1984, shall be open to inspection one year after it is fully executed. (2) If a contract for inpatient services was entered into before April 1, 1984, and 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. (3) If the California Medical Assistance Commission enters into a contract with a health care provider for other than inpatient hospital services, the contract shall be open to inspection one year after it is fully executed. Public Records Act Page 122 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (c) Three years after a contract or amendment is open to inspection under this section, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (d) (1) Notwithstanding any other law, the entire contract or amendment shall be open to inspection by the California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office. (2) The California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office shall maintain the confidentiality of each contract or amendment until the contract or amendment is fully open to inspection by the public. 7926.225. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the Managed Risk Medical Insurance Board and the State Department of Health Care Services that relate to activities governed by former Part 6.3 (commencing with Section 12695), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former 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: (1) 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 or department is considering or enters into any other arrangement under which the board or the department provides, receives, or arranges services or reimbursement. (2) 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. (b) (1) Except for the portion that contains the rates of payment, a contract entered into pursuant to former Part 6.3 (commencing with Section 12695), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former 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, on or after July 1, 1991, shall be open to inspection one year after its effective date. (2) If a contract was entered into before July 1, 1991, and amended on or after July 1, 1991, the amendment, except for any portion containing the rates of Public Records Act Page 123 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act payment, shall be open to inspection one year after the effective date of the amendment. (c) Three years after a contract or amendment is open to inspection pursuant to this section, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (d) (1) Notwithstanding any other law, the entire contract or amendment to a contract shall be open to inspection by the California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office. (2) The California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office shall maintain the confidentiality of each contract or amendment until the contract or amendment is open to inspection pursuant to subdivision (c). 7926.230. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the Managed Risk Medical Insurance Board and the State Department of Health Care Services related to activities governed by Part 6.2 (commencing with Section 12693) or former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code, if the records reveal any of the following: (1) 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 department is considering a contract, or entities with which the board or department is considering or enters into any other arrangement under which the board or department provides, receives, or arranges services or reimbursement. (2) 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 employees. (b) (1) Except for the portion that contains the rates of payment, a contract entered into pursuant to Part 6.2 (commencing with Section 12693) or former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, on or after January 1, 1998, or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code shall be open to inspection one year after its effective date. (2) If a contract entered into pursuant to Part 6.2 (commencing with Section 12693) or former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Public Records Act Page 124 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Insurance Code or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code, is amended, the amendment shall be open to inspection one year after the effective date of the amendment. (c) Three years after a contract or amendment is open to inspection pursuant to this section, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (d) (1) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office. (2) The California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office shall maintain the confidentiality of each contract or amendment until the contract or amendment is open to inspection pursuant to subdivision (b) or (c). (e) The exemption from disclosure provided pursuant to this section 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, or the department 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 former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of the Welfare and Institutions Code. 7926.235. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the Managed Risk Medical Insurance Board that relate 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. (b) Except for the portion that contains the rates of payment, a contract 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 it has been fully executed. Public Records Act Page 125 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (c) (1) Notwithstanding any other law, the entire contract or amendment to a contract shall be open to inspection by the Joint Legislative Audit Committee. (2) The committee shall maintain the confidentiality of each contract or amendment until the contract or amendment is open to inspection pursuant to subdivision (b). Article 4. In -Home Supportive Services and Personal Care Services 7926.300. (a) Notwithstanding any other provision of this division, 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, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code, and information about persons who have completed the form described in subdivision (a) of Section 12305.81 of the Welfare and Institutions Code for the provider enrollment process, is not subject to public disclosure pursuant to this division, except as provided in subdivision (b). (b) Copies of names, addresses, home telephone numbers, personal cellular telephone numbers, written or spoken languages, if known, and personal email addresses 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 12302.5, of the Welfare and Institutions Code or Chapter 10 (commencing with Section 3500) of Division 4. 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), the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code, the In -Home Supportive Services Plus Option Program pursuant to Section 14132.952 of the Welfare and Institutions Code, the Community First Choice Option Program pursuant to Section 14132.956 of the Welfare and Institutions Code, or the Waiver Personal Care Services Program pursuant to Section 14132.97 of the Welfare and Institutions Code. (d) This section does not 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. Public Records Act Page 126 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Article 5. Reproductive Health Services Facility 7926.400. For purposes of this article, the following terms have the following meanings: (a) "Contractor" means an individual or entity that contracts with a reproductive health services facility for services related to patient care. (b) "Personal information" means any of the following information related to an individual that is maintained by a public agency: (1) Social security number. (2) Physical description. (3) Home address. (4) Home telephone number. (5) Statements of personal worth or personal financial data filed pursuant to Section 7925.005. (6) Personal medical history. (7) Employment history. (8) Electronic mail address. (9) Information that reveals any electronic network location or identity. (c) "Public agency" means all of the following: (1) The Department of Consumer Affairs. (2) The Department of Managed Health Care. (3) The State Department of Health Care Services. (4) The State Department of Public Health. (d) "Reproductive health services facility" means the office of a licensed physician and surgeon whose specialty is family medicine, 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. 7926.405. This division does not require disclosure of any personal information received, collected, or compiled by a public agency regarding the employees, Public Records Act Page 127 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act volunteers, board members, owners, partners, officers, or contractors of a reproductive health services facility who have notified the public agency pursuant to Section 7926.415 if the personal information is contained in a document that relates to the facility. 7926.410. (a) Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to obtain access to employment history information of a reproductive health services facility pursuant to Part 4 (commencing with Section 7923.000). (b) If the court finds, based on the facts of a particular case, that the public interest served by disclosure of employment history information of a reproductive health services facility 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 that officer or person should not disclose pursuant to Chapter 2 (commencing with Section 7923.100) of Part 4. 7926.415. (a) In order for this article 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 the individual's personal information is being submitted or has been submitted that the individual falls within the application of this article. (b) Notification pursuant to subdivision (a) is valid if it complies with all of the following: (1) It is on the official letterhead of the facility. (2) It 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) It is signed and dated by both of the following: (A) The individual whose information is being submitted. (B) The executive officer of the reproductive health services facility or designee of the executive officer. (c) A reproductive health services facility shall retain a copy of all notifications submitted pursuant to this article. 7926.420. The privacy protections for personal information authorized pursuant to this article are effective from the time of notification pursuant to Section 7926.415 until either one of the following occurs: Public Records Act Page 128 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (a) 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. (b) 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. 7926.425. 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 Section 7926.415, the facility shall provide notice of the separation to the relevant agency or agencies. 7926.430. This section does not prevent a government agency from disclosing data regarding the age, race, ethnicity, national origin, or gender of individuals whose personal information is protected pursuant to this article if the data does not contain individually identifiable information. Article 6. Websites and Related Matters 7926.500. In implementing this division, each health care district shall maintain an internet website in accordance with subdivision (b) of Section 32139 of the Health and Safety Code. CHAPTER 6. Historically or Culturally Significant Matters 7927.000. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of any of the following: (a) Records of Native American graves, cemeteries, and sacred places. (b) Records of Native American places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, which are maintained by, or in the possession of, the Native American Heritage Commission, another state agency, or a local agency. 7927.005. Nothing in this division 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. Public Records Act Page 129 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CHAPTER 7. Library Records and Similar Matters 7927.100. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of 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. (b) The exemption in this section does not apply to records of fines imposed on the borrowers. 7927.105. (a) As used in this section, the term "patron use records" includes both of the following: (1) Any written or electronic record that is used to identify a library patron and is provided by the patron to become eligible to borrow or use books and other materials. This includes, but is not limited to, a patron's name, address, telephone number, or email address. (2) Any written record or electronic transaction that identifies a patron's borrowing information or use of library information resources. This includes, but is not limited to, database search records, borrowing records, class records, and any other personally identifiable uses of library resources, information requests, or inquiries. (b) This section does not apply to either of the following: (1) Statistical reports of patron use. (2) Records of fines collected by a library. (c) All patron use records of a library that is in whole or in part supported by public funds shall remain confidential. A public agency, or a private actor that maintains or stores patron use records on behalf of a public agency, shall not disclose those records to any person, local agency, or state agency, except as follows: (1) By a person acting within the scope of the person's duties within the administration of the library. (2) By a person authorized in writing to inspect the records. The authorization shall be from the individual to whom the records pertain. (3) By order of the appropriate superior court. Public Records Act Page 130 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CHAPTER 8. Litigation Records and Similar Matters 7927.200. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of any of the following records: (a) Records pertaining to pending litigation to which the public agency is a party, until the pending litigation has been finally adjudicated or otherwise settled. (b) Records pertaining to a claim made pursuant to Division 3.6 (commencing with Section 810), until the pending claim has been finally adjudicated or otherwise settled. 7927.205. Nothing in this division or any other provision of law requires 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 (e) of Section 1 1 126 or Section 54956.9 until the pending litigation has been finally adjudicated or otherwise settled. The memorandum is protected by the attorney work -product privilege until the pending litigation has been finally adjudicated or otherwise settled. CHAPTER 9. Miscellaneous Public Records 7927.300. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of 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. 7927.305. (a) Notwithstanding any other provision of this division to the contrary, information regarding family childcare providers, as defined in subdivision (b) of Section 8431 of the Education Code, shall not be subject to public disclosure pursuant to this division, except as provided in subdivisions (b) and (c). (b) Consistent with Section 8432 of the Education Code, copies of names, home and mailing addresses, county, home, if known, work, and cellular telephone numbers, and email addresses of persons described in subdivision (a) shall be made available, upon request, to provider organizations that have been determined to be a provider organization pursuant to subdivision (a) of Section 8432 of the Education Code. Information shall be made available consistent with the deadlines set in Section 8432 of the Education Code. This information shall not be used by the receiving entity for any purpose other than for purposes of organizing, representing, and assisting family childcare providers. (c) Consistent with Section 8432 of the Education Code, copies of names, home and mailing addresses, county, home, if known, work, and cellular telephone numbers, and email addresses of persons described in subdivision (a) shall be made available to a certified provider organization, as defined in subdivision (a) Public Records Act Page 131 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act of Section 8431 of the Education Code. Information shall be made available consistent with the deadlines set in Section 8432 of the Education Code. This information shall not be used by the receiving entity for any purpose other than for purposes of organizing, representing, and assisting family childcare providers. (d) This section does not prohibit or limit the disclosure of information otherwise required to be disclosed by the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70) of, Chapter 3.5 (commencing with Section 1596.90) of, and Chapter 3.6 (commencing with Section 1597.30) of, Division 2 of the Health and Safety Code), or to an officer or employee of another state public agency for performance of their official duties under state law. (e) All confidentiality requirements applicable to recipients of information pursuant to Section 1596.86 of the Health and Safety Code shall apply to protect the personal information of providers of small family daycare homes, as defined in Section 1596.78 of the Health and Safety Code, that is disclosed pursuant to subdivisions (b) and (c). (f) A family childcare provider, as defined by subdivision (b) of Section 8431 of the Education Code, may opt out of disclosure of their home and mailing address, home, work, and cellular telephone numbers, and email address from the lists described in subdivisions (c) and (d) of Section 8432 of the Education Code by complying with the procedure set forth in subdivision (k) of Section 8432 of the Education Code. CHAPTER 10. Personal Information and Customer Records 7927.400. Nothing in this division requires the disclosure of records that relate to electronically collected personal information, as defined by Section 1 1015.5, that is received, collected, or compiled by a state agency. 7927.405. Nothing in this division 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. 7927.410. Nothing in this division requires the disclosure of the name, credit history, utility usage data, home address, or telephone number of a utility customer of a local agency, except that disclosure of the name, utility usage data, and the home address of a utility customer of a local agency shall be made available upon request as follows: (a) To an agent or authorized family member of the person to whom the information pertains. Public Records Act Page 132 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (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 the official's consent. (f) Upon determination by the local agency that the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure. 7927.415. Except as provided in Sections 7924.510 and 7924.700, nothing in this division 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. 7927.420. Notwithstanding paragraph (2) of subdivision (a) of Section 827 of the Welfare and Institutions Code, after the death of 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 division. 7927.425. This division does not require the disclosure of the following records and information provided to the Controller's office: (a) Records related to statements of personal worth or personal financial data, including, but not limited to, wills, trusts, account statements, earnings statements, or other similar records. (b) Personal information, as defined by subdivision (a) of Section 1798.3 of the Civil Code, within records, including, but not limited to: (1) Social security number. (2) Date of birth. (3) Federal employer identification number, until the Controller has made payment of the property in full to the owner. Public Records Act Page 133 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (4) Account number, until the Controller has made payment of the property in full to the owner. (5) Check number, until the Controller has made payment of the property in full to the owner. 7927.430. A Judicial Council form provided to request service pursuant to Section 26666.10, and the information contained therein, is confidential and shall not be disclosed pursuant to this division. CHAPTER 11. Preliminary Drafts and Similar Materials 7927.500. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of any preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by a public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure. CHAPTER 12. Private Industry 7927.600. 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 United States 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. 7927.605. (a) Nothing in this division requires 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. (b) Except as provided in subdivision (c), incentives offered by a state or a local government agency, 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. (c) Before publicly disclosing a record that describes state or local incentives offered by an agency to a private business to retain, locate, relocate, or expand Public Records Act Page 134 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act the business within California, the agency shall delete information that is exempt pursuant to this section. CHAPTER 13. Private Records, Privileged Materials, and Other Records Protected by Law From Disclosure 7927.700. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. 7927.705. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of 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. CHAPTER 14. Public Employee or Official Article 1. The Governor 7928.000. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of 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. (b) Public records shall not be transferred to the custody of the Governor's Legal Affairs Secretary to evade the disclosure provisions of this division. 7928.005. (a) When the Governor leaves office, either voluntarily or involuntarily, public records in the custody or control of the Governor shall be transferred to the State Archives as soon as practical. (b) Notwithstanding any other 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 the Governor may transfer that have not already been made accessible to the public. (c) With respect to public records, public access, as otherwise provided for by this division, shall not be restricted for a period greater than 50 years or the death of the Governor, whichever is later, 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 that have been closed for a period of at least 25 years. Subject to any restrictions permitted by this section or Section 7928.010, the Secretary of State, as custodian of the State Archives, shall make all those public records and other writings available to the public as otherwise provided for in this division. Public Records Act Page 135 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7928.010. (a)(]) For a Governor who held office between 1974 and 1988, Section 7928.005 does not apply to public records or other writings that were in the Governor's direct custody or control at the time of leaving office, except to the extent that the Governor may voluntarily transfer those records or other writings to the State Archives. (2) Subdivision (a) does not apply to enrolled bill files, press releases, speech files, or writings relating to applications for clemency or extradition. (b) (1) Notwithstanding any other 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. With respect to public records, however, public access, as otherwise provided for by this division, shall not be restricted for a period greater than 50 years or the death of the Governor, whichever is later. (2) Records or writings shall not be transferred pursuant to this subdivision unless the institution receiving them agrees to maintain, and does maintain, the materials according to commonly accepted archival standards. (3) An institution receiving public records pursuant to this subdivision shall not destroy any of those records without first receiving the written approval of the Secretary of State, as custodian of the State Archives. The Secretary of State may require that the records be placed in the State Archives rather than being destroyed. (4) An institution receiving records or writings pursuant to this subdivision 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 that 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. 7928.015. (a) The Secretary of State may appraise and manage new or existing records that are subject to Section 7928.005 or 7928.010 to determine whether the records are appropriate for preservation in the State Archives. (b) 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 Page 136 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Article 2. The Legislature 7928.100. (a) Except as provided in subdivision (b) and in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of any records that are in the custody of, or maintained by, the Legislative Counsel. (b) Subdivision (a) does not apply to records in the public database maintained by the Legislative Counsel that are described in Section 10248. Article 3. Online Posting or Sale of Personal Information of Elected or Appointed Official 7928.200. (a) Nothing in this article is intended to preclude punishment instead under Section 69, 76, or 422 of the Penal Code, or any other law. (b) 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 article 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. 7928.205. 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. 7928.210. (a) 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. (b) A violation of this section is a misdemeanor. (c) A violation of this section that leads to the bodily injury of the official, or the official's residing spouse or child, is a misdemeanor or a felony. 7928.215. (a) For purposes of this section, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public. (b) 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 Section 7928.220, made a written demand of that person, business, or association to not disclose the official's home address or telephone number. Public Records Act Page 137 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (c) A written demand made under this section 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. (d) A written demand made under this section by an elected official shall be effective for four years, regardless of whether the official's term has expired before the end of the four-year period. (e) (1) A person, business, or association that receives the written demand of an elected or appointed official pursuant to this section 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. (2) 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. (3) Paragraph (2) does not prohibit a telephone corporation, as defined in Section 234 of the Public Utilities Code, or its affiliate, from transferring the 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. 7928.220. (a) 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 article. (b) An appointed official who is a district attorney, a deputy district attorney, or a peace officer, as defined in Sections 830 to 830.65, inclusive, of the Penal Code, may also designate the official's recognized collective bargaining representative to make a written demand on the official's behalf pursuant to this article. (c) A written demand made by an agent pursuant to Section 7928.215 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. Public Records Act Page 138 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7928.225. (a) An official whose home address or telephone number is made public as a result of a violation of Section 7928.215 may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. (b) 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 attorneys' fees. (c) 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 section. 7928.230. (a) 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. (b) Notwithstanding any other law, an official whose home address or telephone number is solicited, sold, or traded in violation of subdivision (a) may bring an action in any court of competent jurisdiction. (c) 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). Article 4. Personal Information of Agency Employee 7928.300. (a) The home addresses, home telephone numbers, personal cellular telephone numbers, and birthdates 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 employees performing law enforcement -related functions, and the birthdate 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 Public Records Act Page 139 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act dependents, for the purpose of providing the health services or administering claims for employees and their enrolled dependents. (b) (1) Unless used by the employee to conduct public business, or necessary to identify a person in an otherwise disclosable communication, the personal email addresses 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 specified in paragraphs (1) to (4), inclusive, of subdivision (a). (2) This subdivision shall not be construed to limit the public's right to access the content of an employee's personal email that is used to conduct public business, as decided by the Supreme Court in City of San Jose v. Superior Court (2017) 2 Cal.5th 608. (c) Upon written request of any employee, a public agency shall not disclose the employee's home address, home telephone number, personal cellular telephone number, personal email address, or birthdate 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. Article 5. Employment Contracts of Government Employees and Related Matters 7928.400. Every employment contract between a state or local agency and any public official or public employee is a public record that is not subject to Section 7922.000 and the provisions listed in Section 7920.505. 7928.405. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of 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, and Article 19.5 (commencing with Section 8430) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, 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. (b) This section 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 section. Public Records Act Page 140 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7928.410. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of records of local agencies related to activities governed by Chapter 10 (commencing with Section 3500) of Division 4, that 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. (b) This section 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 section. CHAPTER 15. Public Entity Spending, Finances, and Oversight Article 1. Access in General 7928.700. Notwithstanding any contract term to the contrary, a contract entered into by a state or local agency subject to this division, 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 division. 7928.705. (a) Except as provided in subdivision (b) and in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of the contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by a 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. (b) This section does not affect the law of eminent domain. 7928.710. (a) For purposes of this section, the following definitions 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, any public endowment or foundation, or a public bank, as defined in Section 57600. Public Records Act Page 141 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) Notwithstanding any provision of this division or other law, the following records regarding alternative investments in which public investment funds invest are not subject to disclosure pursuant to this division, 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. (c) Notwithstanding subdivision (b), the following information contained in records described in subdivision (b) regarding alternative investments in which public investment funds invest is subject to disclosure pursuant to this division and shall not be considered a trade secret exempt from disclosure: (1) 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. (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 year-end basis, of cash distributions received by the public investment fund from each alternative investment vehicle. (5) The dollar amount, on a fiscal year-end 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. Public Records Act Page 142 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (8) The dollar amount of the total management fees and costs paid on an annual fiscal year-end 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. 7928.715. Nothing in this division requires 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. 7928.720. Notwithstanding Sections 7920.510, 7920.515, 7920.520, 7920.530, 7920.540, and 7920.545, and subdivision (a) of Section 7920.525, an itemized statement of the total expenditures and disbursements of any agency provided for in Article VI of the California Constitution shall be open for inspection. Article 2. Requirements Specific to Online Access 7928.800. In implementing this division, each independent special district shall maintain an internet website in accordance with Section 53087.8. CHAPTER 16. Regulation of Financial Institutions and Securities 7929.000. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records contained in, or related to, any of the following: (a) 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. (b) Examination, operating, or condition reports prepared by, on behalf of, or for the use of, any state agency referred to in subdivision (a). (c) 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 subdivision (a). (d) Information received in confidence by any state agency referred to in subdivision (a). Public Records Act Page 143 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7929.005. (a) Any information reported to the North American Securities Administrators Association/Financial Industry Regulatory Authority and compiled as disciplinary records that are made available to the Department of Business Oversight through a computer system constitutes a public record. (b) Notwithstanding any other provision of law, upon written or oral request pursuant to Section 25247 of the Corporations Code, the Department of Business Oversight may disclose any of the following: (1) The information described in subdivision (a). (2) The current license status of a broker -dealer. (3) The year of issuance of the license of a broker -dealer. 7929.010. (a) For purposes of this section, the following definitions apply: (1) "Customer" means a person or entity that has transacted or is transacting business with or has used or is using the services of a public bank or a person or entity for whom the public bank has acted as a fiduciary with respect to trust property. (2) "Investment recipient" means an entity in which the public bank invests. (3) "Loan recipient" means an entity or individual that has received a loan from the public bank. (4) "Personal data" means social security numbers, tax identification numbers, physical descriptions, home addresses, home telephone numbers, statements of personal worth or any other personal financial data, employment histories, electronic mail addresses, and information that reveals any electronic network location or identity. (5) "Public bank" has the same meaning as defined in Section 57600. (b) Notwithstanding any other provision of this division, the following information and records of a public bank and the related decisions of the directors, officers, and managers of a public bank are not subject to disclosure pursuant to this division, unless the information has already been publicly released by the custodian of the information: (1) Due diligence materials that are proprietary to the public bank. (2) A memorandum or letter produced and distributed internally by the public bank. Public Records Act Page 144 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (3) A commercial or personal financial statement or other financial data received from an actual or potential customer, loan recipient, or investment recipient. (4) Meeting materials of a closed -session meeting, or a closed -session portion of a meeting, of the board of directors, a committee of the board of directors, or executives of a public bank. (5) A record containing information regarding a portfolio position in which the public bank invests. (6) A record containing information regarding a specific loan amount or loan term, or information received from a loan recipient or customer pertaining to a loan or an application for a loan. (7) A capital call or distribution notice, or a notice to a loan recipient or customer regarding a loan or account with the public bank. (8) An investment agreement, loan agreement, deposit agreement, or a related document. (9) Specific account information or other personal data received by the public bank from an actual or potential customer, investment recipient, or loan recipient. (10) A memorandum or letter produced and distributed for purposes of meetings with a federal or state banking regulator. (1 1) A memorandum or letter received from a federal or state banking regulator. (12) Meeting materials of the internal audit committee, the compliance committee, or the governance committee of the board of directors of a public bank. (c) Notwithstanding subdivision (b), the following information contained in records described in subdivision (b) is subject to disclosure pursuant to this division and is not a trade secret exempt from disclosure: (1) The name, title, and appointment year of each director and executive of the public bank. (2) The name and address of each current investment recipient in which the public bank currently invests. (3) General internal performance metrics of the public bank and financial statements of the bank, as specified or required by the public bank's charter or as required by federal law. Public Records Act Page 145 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (4) Final audit reports of the public bank's independent auditors, although disclosure to an independent auditor of any information described in subdivision (b) shall not be construed to permit public disclosure of that information provided to the auditor. 7929.011. (a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information: (1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient. (2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document. (3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto. (4) Any record containing information claimed to be a trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider. (b) This section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020 (Article 6.7 (commencing with Section 63048.91) of Chapter 2 of Division 1 of Title 6.7), the Venture Capital Program pursuant to Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in Section 63010. (c) This section shall does not exempt disclosure of bank -produced documents or materials, including staff reports and terms sheets, that are presented to the bank's board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the bank's board of directors in connection with these bank - produced documents or materials this is provided during, or prior to, the bank Public Records Act Page 146 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board. (d) This section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to July 1, 2025, and shall continue to apply to those documents and information going forward. CHAPTER 17. Security Measures and Related Matters 7929.200. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of a document prepared by or for a state or local agency that satisfies both of the following conditions: (a) It assesses the agency's vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operation. (b) It is for distribution or consideration in a closed session. 7929.205. (a) As used in this section, "voluntarily submitted" means submitted without the Office of Emergency Services exercising any legal authority to compel access to, or submission of, critical infrastructure information. (b) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of 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. (c) This section does not affect the status of information in the possession of any other state or local governmental agency. 7929.210. (a) Nothing in this division requires 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. (b) Nothing in this section limits public disclosure of records stored within an information technology system of a public agency that are not otherwise exempt from disclosure pursuant to this division or any other law. 7929.215. Nothing in this division or any other law requires 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. Public Records Act Page 147 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CHAPTER 18. State Compensation Insurance Fund 7929.400. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the State Compensation Insurance Fund that relate to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed. 7929.405. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the State Compensation Insurance Fund that relate to discussions, communications, or any other portion of negotiations with entities contracting or seeking to contract with the fund, and any related deliberations. 7929.410. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the State Compensation Insurance Fund that relate 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 1 1770) of Part 3 of Division 2 of the Insurance Code. 7929.415. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the State Compensation Insurance Fund obtained to provide workers' compensation insurance under Chapter 4 (commencing with Section 1 1770) of Part 3 of Division 2 of the Insurance Code, including, but not limited to, all of the following: (a) Any medical claims information. (b) Policyholder information, provided that this section shall not 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. (c) Information on rates, pricing, and claims handling received from brokers. 7929.420. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the State Compensation Insurance Fund that are trade secrets pursuant to Section 7930.205, 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 Public Records Act Page 148 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act informational security, marketing, rating, pricing, underwriting, claims handling, audits, and collections. (b) Notwithstanding subdivision (a), the portions of records containing trade secrets shall be available for review by the Joint Legislative Audit Committee, California State Auditor's Office, Division of Workers' Compensation, and the Department of Insurance to ensure compliance with applicable law. 7929.425. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of internal audits of the State Compensation Insurance Fund containing proprietary information, or the following records of the State Compensation Insurance Fund that are related to an internal audit: (1) Personal papers and correspondence of any person providing assistance to the fund when that person has requested in writing that the person's 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. (2) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed or an internal audit that contains proprietary information. (b) Notwithstanding subdivision (a), the portions of records containing proprietary information, or any information specified in subdivision (a), shall be available for review by the Joint Legislative Audit Committee, California State Auditor's Office, Division of Workers' Compensation, and the Department of Insurance to ensure compliance with applicable law. 7929.430. (a) For purposes of this section, "fully executed" means the point in time when all of the necessary parties to a contract have signed the contract. (b) Except as provided in subdivision (d), records of the State Compensation Insurance Fund that are 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. (c) 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. Public Records Act Page 149 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (d) Three years after a contract or amendment is open to inspection pursuant to this section, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (e) Notwithstanding any other law, the entire contract or amendment to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contract or amendment thereto until the contract or amendment is open to inspection pursuant to this section. (f) This section does not apply to a document related to a contract with a public entity that is not otherwise expressly confidential as to that public entity. CHAPTER 19. Test Materials, Test Results, and Related Matters 7929.600. Nothing in this division requires the disclosure of the results of a test undertaken pursuant to Section 12804.8 of the Vehicle Code. 7929.605. Except as provided in Sections 7924.510, 7924.700, and 7929.610, and in Chapter 3 (commencing with Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code, this division does not require disclosure of test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination. 7929.610. (a) Notwithstanding the provisions listed in Section 7920.505, upon the request of any Member of the Legislature or upon request of the Governor or the Governor's 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. (b) The questions or materials described in subdivision (a) may not include an individual examination that has been administered to a pupil and scored. (c) The requester may not take physical possession of the questions or materials described in subdivision (a), but may view the questions or materials at a location selected by the department. (d) Upon viewing this information, the requester shall keep the materials that the requester has seen confidential. PART 6. OTHER EXEMPTIONS FROM DISCLOSURE CHAPTER 1. Introductory Provisions Public Records Act Page 150 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.000. (a) 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 Section 7927.705 shall be listed and described in Chapter 2 (commencing with Section 7930.100) 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. (b) The statutes and constitutional provisions listed in Chapter 2 (commencing with Section 7930.100) 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 Chapter 2 (commencing with Section 7930.100) 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. 7930.005. Records or information not required to be disclosed pursuant to Section 7927.705 may include, but shall not be limited to, records or information identified in statutes listed in Chapter 2 (commencing with Section 7930.100). CHAPTER 2. Alphabetical List 7930.100. The following constitutional provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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. Privacy, inalienable right, Section 1 of Article I of the California Constitution. 7930.105. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Acquired immunodeficiency syndrome, blood test results, written authorization not necessary for disclosure, Section 121010, Health and Safety Code. Acquired immunodeficiency syndrome, blood test subject, compelling identity of, Section 120975, Health and Safety Code. Acquired immunodeficiency syndrome, confidentiality of personal data of patients in State Department of Public Health programs, Section 120820, Health and Safety Code. Public Records Act Page 151 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Acquired immunodeficiency syndrome, confidentiality of research records, Sections 121090, 121095, 121 1 15, and 121120, Health and Safety Code. Acquired immunodeficiency syndrome, confidentiality of vaccine volunteers, Section 121280, Health and Safety Code. Acquired immunodeficiency syndrome, confidentiality of information obtained in prevention programs at correctional facilities and law enforcement agencies, Sections 7552 and 7554, Penal Code. Acquired immunodeficiency syndrome, disclosure of results of HIV test, penalties, Section 120980, Health and Safety Code. Acquired immunodeficiency syndrome, personal information, insurers tests, confidentiality of, Section 799, Insurance Code. Acquired immunodeficiency 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 immunodeficiency syndrome, test of criminal defendant pursuant to search warrant requested by victim, confidentiality of, Section 1524.1, Penal Code. Acquired immunodeficiency syndrome, test results, disclosure to patient's spouse and others, Section 121015, Health and Safety Code. Acquired immunodeficiency 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. Acquired Immune Deficiency Syndrome Research and Confidentiality Act, personally identifying research records not to be disclosed, Section 121075, Health and Safety Code. Public Records Act Page 152 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Acquired Immune Deficiency Syndrome Research and Confidentiality Act, permittee disclosure, Section 121080, Health and Safety Code. Administrative procedure, adjudicatory hearings, interpreters, Section 11513, this code. 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, Section 7926.100, this code. 7930.110. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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, Sections 7924.510 and 7924.700, this code, 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 7927.005, this code. Arrest not resulting in conviction, disclosure or use of records, Sections 432.7 and 432.8, Labor Code. Public Records Act Page 153 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Arsonists, registered, confidentiality of certain information, Section 457.1, Penal 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 11624, 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 before 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 1 1507.6, this code. Attorney, work product, confidentiality of, Section 6202, Business and Professions Code. Attorney work product, discovery, Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4, Code of Civil Procedure. Automated forward facing parking control devices, confidentiality of video imaging records from the devices, Section 40240, Vehicle Code. Public Records Act Page 154 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. 7930.1 15. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Bank and Corporation Tax, disclosure of information, Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2, Revenue and Taxation Code. Bank employees, confidentiality of criminal history information, Section 4990, Financial Code. Bank reports, confidentiality of, Section 459, 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 102100, 102110, and 102230, Health and Safety Code. Birth defects, monitoring, confidentiality of information collected, Section 103850, Health and Safety Code. Birth, live, confidential portion of certificate, 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. Public Records Act Page 155 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Business and professions licensee exemption for social security number, Section 30, Business and Professions Code. 7930.120. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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. 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. Public Records Act Page 156 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 Council, confidentiality of fee transactions records, Section 76901.5 of the Food and Agricultural Code. California Salmon Council, confidentiality of request for list of commercial salmon vessel operators, Section 76950 of the 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. Public Records Act Page 157 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, confidentiality of information pertaining to businesses paying the assessment under the act, Section 13995.54, this code. California Victim Compensation 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 of this code, Section 7923.755, this code. 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. 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 Winegrape Growers Commission, confidentiality of proprietary information from producers and vintners, Section 74955, Food and Agricultural Code. 7930.125. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Public Records Act Page 158 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 11167 and 1 1 167.5, 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 1 1, 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. 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, Section 7929.200, this code. Public Records Act Page 159 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Closed sessions, meetings of local governments, pending litigation, Section 54956.9, this code. 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 non -reemployment, confidentiality, Section 87740, Education Code. 7930.130. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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. 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, this code. Consumption or utilization of mineral materials, disclosure of, Section 2207.1, Public Resources Code. Public Records Act Page 160 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Contractor, evaluations and contractor responses, confidentiality of, Section 10370, Public Contract Code. Controlled Substance Law violations, confidential information, Section 818.7, this code. 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, this code. 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, this code. 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. 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, this code. Public Records Act Page 161 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, Section 7927.300, this code. 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. 7930.135. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Dairy Council of California, confidentiality of ballots, Section 64323, 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. Public Records Act Page 162 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 Human Resources, confidentiality of pay data furnished to, Section 19826.5, this 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 4552.5, Welfare and Institutions Code. Developmentally disabled person, confidentiality of records and information, Sections 4514 and 4518, Welfare and Institutions Code. 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. Public Records Act Page 163 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Dispute resolution participants confidentiality, Section 471.5, Business and Professions Code. Division of Medi-Cal Fraud and Elder Abuse, confidentiality of complaints, Section 12528, this 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. 7930.140. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Educational psychologist -patient, privileged communication, Section 1010.5, Evidence Code. Electronic and appliance repair dealer, service contractor, financial data in applications, Section 7925.010, this code. Electronic Recording Delivery Act of 2004, exemption from disclosure for computer security reports, Section 27394, this code. Emergency Care Data Record, exemption from disclosure for identifying information, Section 128736, Health and Safety Code. Public Records Act Page 164 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 actions 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, this code. 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. 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. Public Records Act Page 165 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Executive Department, closed sessions and the record of topics discussed, Sections 1 1 126 and 1 1 126.1, this code. Executive Department, investigations and hearings, confidential nature of information acquired, Section 1 1 183, this code. 7930.145. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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 the State Board of Equalization and others, Section 55381, Revenue and Taxation Code. Financial institutions, issuance of securities, reports and records of state agencies, Section 7929.000, this code. 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 28475 and 28480, Penal Code. Firearms, centralized list of dealers and licensees, disclosure of information compiled from, Section 26715, Penal Code. Firearm license applications, Sections 7923.800 and 7923.805, this code. Firearm sale or transfer, confidentiality of records, Section 28060, Penal Code. Fishing and hunting licenses, confidentiality of names and addresses contained in records submitted to the Department of Fish and Wildlife to obtain recreational fishing and hunting licenses, Section 1050.6, Fish and Game Code. Public Records Act Page 166 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, this code. Franchises, applications, and reports filed with Commissioner of Business Oversight, disclosure and withholding from public inspection, Section 31504, Corporations Code. 7930.150. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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, Section 7928.000, this code. Governor, transfer of public records in control of, restrictions on public access, Sections 7928.005 and 7928.010, this code. Grand jury, confidentiality of request for special counsel, Section 936.7, Penal Code. Grand jury, confidentiality of transcription of indictment or accusation, Section 938.1, Penal Code. Group Insurance, public employees, Section 53202.25, this code. 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. Public Records Act Page 167 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.155. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Hazardous substance tax information, prohibition against disclosure, Section 43651, Revenue and Taxation Code. Hazardous waste control, business plans, public inspection, Section 25509, 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 25512, 25512.1, 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 clearinghouse, 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. 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. Public Records Act Page 168 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 7926.205 and 54956.87, this code. 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, Section 7926.210, this code. Hospital final accreditation report, Section 7926.000, this code. 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. 7930.160. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Public Records Act Page 169 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Improper governmental activities reporting, confidentiality of identity of person providing information, Section 8547.5, this code. Improper governmental activities reporting, disclosure of information, Section 8547.6, this code. 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 120160, Health and Safety Code. In forma pauperis litigant, rules governing confidentiality of financial information, Section 68633, this code. Infrastructure information, exemption from disclosure for information voluntarily submitted to the Office of Emergency Services, Section 7929.205, this code. In -Home Supportive Services Program, exemption from disclosure for information regarding persons paid by the state to provide in -home supportive services, Section 7926.300, this code. Initiative, referendum, recall, and other petitions, confidentiality of names of signers, Sections 7924.100, 7924.105, and 7924.1 10, this code. 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. Insurance Commissioner, information from examination or investigation, confidentiality of, Sections 1215.8, 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. Public Records Act Page 170 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, Sections 7923.600 to 7923.630, inclusive, this code. Investigative consumer reporting agency, limitations on furnishing an investigative consumer report, Section 1786.12, Civil Code. 7930.165. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Joint Legislative Ethics Committee, confidentiality of reports and records, Section 8953, this code. Judicial candidates, confidentiality of communications concerning, Section 1201 1.5, this code. 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. 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. Public Records Act Page 171 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Juvenile delinquents, notification of chief of police or sheriff of escape of minor from secure detention facility, Section 1155, Welfare and Institutions Code. Labor dispute, investigation and mediation records, confidentiality of, Section 3601, this 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, Section 7928.100, this code. Library circulation records and other materials, Sections 7925.000 and 7927.105, this code. Life and disability insurers, actuarial information, confidentiality of, Section 10489.15, Insurance Code. Litigation, confidentiality of settlement information, Section 68513, this code. Local agency legislative body, closed sessions, disclosure of materials, Section 54956.9, this code. Local government employees, confidentiality of records and claims relating to group insurance, Section 53202.25, this code. 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, this code. Local agency legislative body, meeting, disclosure of agenda, Section 54957.5, this code. Long-term health facilities, confidentiality of complaints against, Section 1419, Health and Safety Code. 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, this code. Public Records Act Page 172 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.170. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Managed Risk Medical Insurance Board, negotiations with entities contracting or seeking to contract with the board, Sections 7926.225 and 7926.230, this code. Mandated blood testing and confidentiality to protect public health, prohibition against compelling identification of test subjects, Section 120975, 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, 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, Health and Safety Code. Manufactured home, mobilehome, floating home, confidentiality of home address of registered owner, Section 18081, Health and Safety Code. Marital confidential communications, Sections 980, 981, 982, 983, 984, 985, 986, and 987, Evidence Code. Market reports, confidential, Section 7927.300, this code. Marketing of commodities, confidentiality of financial information, Section 58781, Food and Agricultural Code. Marketing orders, confidentiality of processors' or distributors' information, Section 59202, Food and Agricultural Code. Marriage, confidential, certificate, Section 511, Family Code. Medi-Cal Benefits Program, confidentiality of information, Section 14100.2, Welfare and Institutions Code. Medi-Cal Benefits Program, request of department for records or information, Section 14124.89, Welfare and Institutions Code. 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, Welfare and Institutions Code. Public Records Act Page 173 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Medi-Cal program, exemption from disclosure for best price contracts between the State Department of Health Care Services and drug manufacturers, Section 14105.33, Welfare and Institutions Code. Medical information, disclosure by provider unless prohibited by patient in writing, Section 56.16, Civil Code. Medical information, types of information not subject to patient prohibition of disclosure, Section 56.30, Civil Code. Medical and other hospital committees and peer review bodies, confidentiality of records, Section 1157, Evidence Code. Medical or dental licensee, action for revocation or suspension due to illness, report, confidentiality of, Section 828, 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, Business and Professions Code. Meetings of state agencies, disclosure of agenda, Section 1 1 125.1, this code. Mentally abnormal sex offender committed to state hospital, confidentiality of records, Section 4135, Welfare and Institutions Code. Mentally disordered and developmentally disabled offenders, access to criminal histories of, Section 1620, Penal Code. Mentally disordered persons, court -ordered evaluation, confidentiality of reports, Section 5202, Welfare and Institutions Code. Mentally disordered or mentally ill person, confidentiality of written consent to detainment, Section 5326.4, 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, Welfare and Institutions Code. Mentally disordered or mentally ill person, weapons restrictions, confidentiality of information about, Section 8103, Welfare and Institutions Code. Milk marketing, confidentiality of records, Section 61443, Food and Agricultural Code. Milk product certification, confidentiality of, Section 62121, Food and Agricultural Code. Public Records Act Page 174 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Milk, market milk, confidential records and reports, Section 62243, Food and Agricultural Code. Milk product registration, confidentiality of information, Section 38946, Food and Agricultural Code. Milk equalization pool plan, confidentiality of producers' voting, Section 62716, 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, Public Resources Code. Minor, criminal proceeding testimony closed to public, Section 859.1, Penal Code. Minors, material depicting sexual conduct, records of suppliers to be kept and made available to law enforcement, Section 1309.5, 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, Penal Code. Monetary instrument transaction records, confidentiality of, Section 14167, Penal Code. Missing persons' information, disclosure of, Sections 14204 and 14205, Penal Code. Morbidity and mortality studies, confidentiality of records, Section 100330, Health and Safety Code. Motor vehicle accident reports, disclosure, Sections 16005, 20012, and 20014, Vehicle Code. Motor Vehicles, Department of, public records, exceptions, Sections 1808 to 1808.7, inclusive, Vehicle Code. Motor vehicle insurance fraud reporting, confidentiality of information acquired, Section 1874.3, Insurance Code. Motor vehicle liability insurer, data reported to Department of Insurance, confidentiality of, Section 11628, Insurance Code. Multijurisdictional drug law enforcement agency, closed sessions to discuss criminal investigation, Section 54957.8, this code. 7930.175. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Public Records Act Page 175 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Narcotic and drug abuse patients, confidentiality of records, Section 11845.5, Health and Safety Code. Native American graves, cemeteries, and sacred places, records of, Section 7927.000, this code. Notary public, confidentiality of application for appointment and commission, Section 8201.5, this code. 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. 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. Public Records Act Page 176 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.180. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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, acknowledgment, 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. 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 7926.300, this code. Personal Income Tax, disclosure of information, Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of 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 birthdate and driver's license number, Section 8404, Probate Code. 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. Public Records Act Page 177 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. Physical or mental condition or conviction of controlled substance offense, records in Department of Motor Vehicles, confidentiality of, Section 1808.5, Vehicle 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 1 157.1, Harbors and Navigation Code. Pollution Control Financing Authority, financial data submitted to, Section 7924.505, this code. Postmortem or autopsy photos, Section 129, Code of Civil Procedure. Public Records Act Page 178 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.185. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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. 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 7927.600, this code. Private railroad car tax, confidentiality of information, Section 11655, 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. Public Records Act Page 179 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. Psychotherapist -patient confidential communication, Sections 1012 and 1014, Evidence Code. Public employees' home addresses and telephone numbers, confidentiality of, Section 7928.300, this code. 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, this code. Public Employees' Retirement System, confidentiality of data filed by member or beneficiary with board of administration, Section 20230, this code. Public investment funds, exemption from disclosure for records regarding alternative investments, Section 7928.710, this code. Public school employees organization, confidentiality of proof of majority support submitted to Public Employment Relations Board, Sections 3544, 3544.1, and 3544.5, this code. 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 Records Act Page 180 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. 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 44944.3, Education Code. Pupil records, release of directory information to private entities, Sections 49073 and 49073.5, Education Code. 7930.190. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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 7929.215, this code. Public Records Act Page 181 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, Section 7928.705, this code. Real property, change in ownership statement, confidentiality of, Section 27280, this code. Records described in Section 1620, 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, Welfare and Institutions Code. Registered public obligations, inspection of records of security interests in, Section 5060, this code. 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, this code. Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4, this code. 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, Sections 7926.400 to 7926.430, inclusive, this code. Public Records Act Page 182 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 7927.415, this code. Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 7927.405, this 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. Resource families, identifying information, Section 16519.55, Welfare and Institutions Code. Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code. 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. 7930.195. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code. 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. Public Records Act Page 183 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 non -reemployment 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. 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 7922.200, this code. Social security number, official record or official filing, nondisclosure of, Section 9526.5, Commercial Code, and Sections 7922.205 and 7922.210, this code. Social Security Number Truncation Program, Article 3.5 (commencing with Section 27300) of Chapter 6 of Part 3 of Division 2 of Title 3, this code. Social security numbers within records of local agencies, nondisclosure of, Section 7922.200, this code. Public Records Act Page 184 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.200. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: State agency activities relating to unrepresented employees, Section 7928.405, this code. State agency activities relating to providers of health care, Section 7927.500, this code. State Auditor, access to barred records, Section 8545.2, this code. State Auditor, confidentiality of records, Sections 8545, 8545.1, and 8545.3, this code. State civil service employee, confidentiality of appeal to State Personnel Board, Section 18952, this code. State civil service employees, confidentiality of reports, Section 18573, this code. State civil service examination, confidentiality of application and examination materials, Section 18934, this code. State Compensation Insurance Fund, exemption from disclosure for various records maintained by the State Compensation Insurance Fund, Sections 7929.400 to 7929.430, inclusive, this code. 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. Public Records Act Page 185 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, this code. 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 1 1 105, 1 1 105.1, 1 1 105.3, and 1 1 105.4, Penal Code. State Teachers' Retirement System, confidentiality of information filed with the system by a member, participant, or beneficiary, Section 22306, 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. 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. 7930.205. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Public Records Act Page 186 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Taxpayer information, confidentiality, local taxes, Section 7925.000, this code. 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. 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 the Department of the California Highway Patrol, Department of Motor Vehicles, or other agencies, confidentiality of, Sections 2431 and 2432.3, Vehicle Code. Toxic Substances Control, 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 Pesticide Regulation, Sections 7924.300 to 7924.335, inclusive, this code. Public Records Act Page 187 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 compacts, exemption from disclosure for records of an Indian tribe relating to securitization of annual payments, Section 63048.63, this code. Trust companies, disclosure of private trust confidential information, Section 1602, Financial Code. (Added by Stats. 2021, Ch. 614, Sec. 2. (AB 473) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 7931.000. Superseded on January 1, 2024; see amendment by Stats. 2022, Ch. 258.) 7930.205. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Taxpayer information, confidentiality, local taxes, Section 7925.000, this code. 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. Public Records Act Page 188 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. 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 the Department of the California Highway Patrol, Department of Motor Vehicles, or other agencies, confidentiality of, Sections 2431 and 2432.3, Vehicle Code. Toxic Substances Control, 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 Pesticide Regulation, Sections 7924.300 to 7924.335, inclusive, this code. 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 78480 to 78495, inclusive, and Section 78930, Health and Safety Code. Traffic violator school licensee records, confidentiality of, Section 11212, Vehicle Code. Public Records Act Page 189 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 compacts, exemption from disclosure for records of an Indian tribe relating to securitization of annual payments, Section 63048.63, this code. Trust companies, disclosure of private trust confidential information, Section 1602, Financial Code. (Amended by Stats. 2022, Ch. 258, Sec. 19. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.) 7930.210. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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, confidentiality of complainant, Section 6309, Labor Code. Use fuel tax information, disclosure prohibited, Section 9255, Revenue and Taxation Code. Utility systems development, confidential information, Section 7927.300, this code. 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. Public Records Act Page 190 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Vehicle accident reports, disclosure of, Sections 16005, 20012, and 20014, Vehicle Code and Section 27177, Streets and Highways Code. Vehicular offense, record of, confidentiality 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. 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 7924.000, this code. Voter, registration by confidential affidavit, Section 2194, Elections Code. Voting, secrecy, Section 1050, Evidence Code. 7930.215. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Wards and dependent children, inspection of juvenile court documents, Section 827, Welfare and Institutions Code. 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 11739, 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 11754, Insurance Code. Public Records Act Page 191 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. 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. PART 7. Operative Date 7931.000. This division shall become operative on January 1, 2023. Public Records Act Page 192 © 2023 Richards, Watson & Gershon 2769535 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los Angeles, San Francisco, Orange County, Temecula, the Central Coast, and Sacramento our dedicated team of experts provides the full -scope of public law services. We are the lawyers of choice for clients who seek reliable, efficient, and effective legal counsel. Richards, Watson & Gershon serves as city attorney, special counsel and general counsel to clients of all sizes and demographics. Our attorneys are proficient in areas of law only found in a firm with substantial experience in public agency representation. Local governments count on us for help with their most complex problems. Specialties Include: Administrative Law Airports, Rail & Transit Brown Act Cannabis CEQA Coastal Act Code Enforcement Conflicts of Interest Construction & Public Works Elections Eminent Domain Environment & Natural Resources Housing Labor & Employment Land Use & Planning Litigation Police Practices Public Finance Public Records Act Real Estate & Leasing Rent Control Subdivisions & Zoning Taxes, Fees & Assessments Telecommunications Solid Waste Stormwater Compliance Water Rights & Water Law APPENDIX C SUMMARY OF CONFLICT OF INTEREST LAWS m Conflicts of Interest CD HANDBOOK r*4 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations ) Updated including changes effective January 1, 2023 Table of Contents Page No. I. LAWS AND REGULATIONS AFFECTING DECISION -MAKING ...................................... 1 A. The Political Reform Act................................................................................. 1 1. Disclosure Requirements Under the Political Reform Act........................................................................................................ 2 2. Conflicts of Interest Under the Political Reform Act ......................... 4 3. The FPPC's Test for Analyzing Conflicts of Interest ............................ 5 4. Abstention.........................................................................................23 5. Penalties for Violation....................................................................... 24 6. Seeking Advice on Conflict of Interest Questions .......................... 25 B. Government Code Section 1090................................................................ 25 1. Three Principal Components of Section 1090................................. 26 2. Exceptions to Section 1090............................................................... 30 3. A Contract Made in Violation of Section 1090 is Void and Officials Violating Section 1090 Are Subject to Severe Penalties................................................................................ 32 4. Aiding and Abetting Section 1090 Violations ................................. 32 5. Seeking FPPC Advice on Section 1090............................................32 6. Statute of Limitations for Section 1090 Violations ........................... 33 C. Common Law Doctrine Against Conflicts of Interest ................................ 33 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 Summary of Principal Conflicts of Interest Laws and Regulations Page i © 2023 Richards, Watson & Gershon 2765318 Table of Contents 2. The Statutory Codification of the Common Law Doctrine of Incompatible Offices - Government Code Section1099......................................................................................36 B. Incompatible Outside Activities.................................................................. 37 C. Successor Agency and Oversight Board Conflicts....................................38 1. Form 700s for Successor Agency and Oversight Board Members............................................................................................ 38 2. Obligation of Successor Agencies to Adopt Conflict of Interest Codes...............................................................................38 3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code ............................... 39 4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements of Economic Interests........................................................................39 D. Discount Passes on Common Carriers........................................................ 40 E. Conflicts upon Leaving Office - the "Revolving Door" ............................. 41 F. Laws Prohibiting Bribery................................................................................42 G. Campaign Contributions............................................................................. 43 l . Conflicts of Interests Arising for Elected and Appointed Officials...........................................................................43 2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to anOfficial Act................................................................................... 44 3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Same Agency.....................................................45 4. Nepotism............................................................................................45 III. LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS, HONORARIA AND LOANS........................................................................................ 47 A. Limitations on Receipt of Gifts..................................................................... 47 1. General Gift Limitation......................................................................47 2. Biennial Gift Limit Adjustment........................................................... 47 Summary of Principal Conflicts of Interest Laws and Regulations Page ii © 2023 Richards, Watson & Gershon 2765318 Table of Contents 3. Exceptions to Gifts.............................................................................48 4. Gifts to an Agency............................................................................ 53 5. Gifts to an Official's Family...............................................................53 6. Invitation -Only Events.......................................................................55 7. Tickets to Political and Charitable Fundraisers ............................... 55 8. Tickets or Passes to Events Given to Officials by their Agency.............................................................................................. 57 9. Gifts from a Government Agency to an Official in That Agency.............................................................................................. 58 10. Wedding Gifts....................................................................................59 11. Certain Gifts of Travel....................................................................... 59 12. Lobbyists Arranging Gifts.................................................................. 63 B. Prohibitions on Receipt of Honoraria.......................................................... 64 1. Exceptions to the Prohibition on Honoraria .................................... 64 C. Prohibitions on Receipt of Certain Types of Loans ..................................... 66 1. Prohibition on Loans Exceeding $250 from Other City Officials, Employees, Consultants, and Contractors ...................... 66 2. Requirement for Loans of $500 or More from Other Persons and Entities to be in Writing ................................................ 66 3. Exceptions to Loan Limits and Documentation Requirements..................................................................................... 66 4. Loans that Become Gifts are Subject to the Gift Prohibition.......................................................................................... 67 5. Exceptions - Loans that Do Not Become Gifts ............................... 67 IV. PROHIBITION AGAINST MASS MAILINGS.................................................................. 68 A. Test for Prohibited Mass Mailing................................................................... 68 l . Delivery of Tangible Item.................................................................. 68 2. Features or Includes Reference to an Elected Official .................. 69 Summary of Principal Conflicts of Interest Laws and Regulations Page iii © 2023 Richards, Watson & Gershon 2765318 Table of Contents 3. Public Expense.................................................................................. 69 4. More than 200 Copies of the Item ................................................... 70 B. Exceptions to the Mass Mailing Prohibition ................................................. 70 V. EXPENDITURES TO SUPPORT OR DEFEAT A BALLOT MEASURE ................................. 71 VI. PROHIBITION ON GIFTS OF PUBLIC FUNDS...............................................................75 VII. CONCLUSION........................................................................................................... 76 Summary of Principal Conflicts of Interest Laws and Regulations Page iv © 2023 Richards, Watson & Gershon 2765318 INTRODUCTION This Handbook is prepared to provide you with a summary of the major provisions of California's principal conflicts of interest laws and regulations. The text of the laws and regulations referenced in this Handbook can be found on the websites for the California Legislature (http://Ieginfo.legislature.ca.gov/faces/codes.xhtml) and the Fair Political Practices Commission ("FPPC") (http://www.fppc.ca.gov/the-law.html). This Handbook is designed to familiarize city officials and staff with California's principal conflicts of interest laws and regulations. Because the laws and regulations change frequently, we recommend that you use this Handbook to become familiar with the basic principles of the conflict laws and regulations, but we also recommend that you contact your city attorney or agency counsel as soon as you think that you may have a potential conflict of interest. We would be glad to help you analyze a potential conflict of interest and/or contact the FPPC for guidance. We hope you find this Handbook useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact us. Richards, Watson & Gershon Summary of Principal Conflicts of Interest Laws and Regulations Page v © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations //RWG Summary of Principal Conflicts of Interest Laws and Regulations © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations I. LAWS AND REGULATIONS AFFECTING DECISION -MAKING A. The Political Reform Act In 1974, California voters approved Proposition 9, a statewide initiative titled "the Political Reform Act" (the "Act" or the "PRA"). Gov't Code § 81000 et seq., At the time, the measure was the most detailed disclosure law in the nation, and it included new requirements for reporting campaign and lobbying activities. Although the Act was initially written before the Watergate scandal broke, by the time Proposition 9 appeared on the ballot, the drama had unfolded, and nationwide reform proposals were being drafted. The Act passed by an overwhelming majority, and one of its provisions created a new state agency called the Fair Political Practices Commission ("FPPC"). The FPPC was charged with interpreting and enforcing the Act, and pursuant to this authority, the agency drafted a series of regulations. Since the Act went into effect in 1975, the FPPC has issued new regulations and amendments to existing regulations almost every year. The Act covers numerous topics germane to ethical behavior in public office —financial data reporting obligations, lobbying restrictions, required campaign disclosures, limitations on campaign financing, proscriptions on mass mailings, restrictions on gifts and honoraria, and most significantly, prohibitions on conflicts of interest in the making of governmental decisions. The Act also contains reporting procedures for financial interests and campaign contributions, as well as disqualification requirements when certain financial interests or campaign contribution standards are satisfied. Please note that this Handbook is general in nature and may not cover all aspects of an actual conflicts of interest issue. Thus, it is not intended to constitute advice on specific conflicts of interest questions. In the event you have concerns about a possible conflict of interest, you should contact your city attorney or agency counsel for further advice. 1 All statutory references are to the California Government Code unless otherwise indicated. Regulations of the FPPC are referred to as "Regulation." Summary of Principal Conflicts of Interest Laws and Regulations Page 1 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 1. Disclosure Requirements Under the Political Reform Act a. Statements of Economic Interests The Act requires public officials to disclose assets and income that may be materially affected by their official actions by filing a "Statement of Economic Interests" (also known as a "Form 700"). § 87202; Regulation 18115. The requirement applies to council members, judges, elected state officers, members of planning commissions, members of boards of supervisors, district attorneys, county counsels, city managers, city attorneys, city treasurers and other public officials who manage public investments, and to candidates for any of these offices at any election. § 87200. If a public official holds multiple positions subject to reporting requirements, the public official may choose to complete a separate Form 700 for each position or a single "Expanded Statement of Economic Interests." Regulation 18723.1. Officials must file the Form 700 within 30 days after assuming office, and candidates must file no later than the final filing date of a declaration of candidacy. §§ 87201-02. An official must file annually thereafter until he or she leaves office, at which point he or she must file a final statement. §§ 87202-04. The required disclosures on the Form 700 include: • Investments in business entities (e.g., stock holdings, owning a business, a partnership) that are located or do business in the jurisdiction; • Interests in real estate (real property) in the jurisdiction, but not including the official's home address; • Sources of personal income,2 including gifts, loans, and travel payments;3 and • Positions of management or employment with business entities that do business in the jurisdiction. § 87203. If the official no longer holds certain investments and real property interests at the time of filing, but held them during the 12 months prior to filing, he or she must still disclose those interests on the Form 700. Id. The Form 700 is a public document open to inspection and duplication. For public officials not covered by the requirements of Section 87203, including employees of state and local government agencies, it is up to the agencies that employ them to decide what their disclosure requirements are. Each state and local agency must adopt a conflicts of interest code tailoring the disclosure requirements for 2 In some instances, an official may need to disclose the sources of income to a business entity in which the official has an ownership interest if the official owns at least 10 percent of a business. In that case, the official would be required to disclose a source of income to the business as a source of income to the official if the official's pro rata share of gross receipts from that source exceeds $10,000 in aggregate during the reporting period. § 87207(b). In those cases, the official must report the name, address, and a general description of the business activity of the business entity, as well as the name of the source of income that aggregates to $10,000 or more. Id. 3 As of January 1, 2016, if an official receives a gift that is a travel payment, advance, or reimbursement valued at $50 or more, the official must also disclose the travel destination. § 87207(a) (4). Summary of Principal Conflicts of Interest Laws and Regulations Page 2 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations each position within the agency to the types of governmental decisions a person holding that position would make. For example, an employee who approves contracts for goods or services purchased by his or her agency would not be required to disclose real estate interests, but would be required to disclose investments in and income from individuals and entities that supply equipment, materials, or services to the agency. § § 87301-02. A city that maintains an internet website must post a list of the elected officers who file a Form 700 with that city. A statement must also be posted on the website indicating that these Form 700s may be obtained by visiting the FPPC office or the city clerk's office. The statement must include the physical address for both the FPPC and the city clerk's office. Finally, a link to the FPPC website must be posted with a statement that indicates that Form 700 "for some state and local government agency elected officers may be available in electronic format" on the FPPC's internet website. § 87505. A local agency may establish a system for the electronic filing of Form 700s, in accordance with State law. § 87500.2; Regulation 18756. Public officials should seek guidance from the local filing officer as to the appropriate procedure and format for filing a Form 700. b. Behested Payments There are also disclosure requirements for certain fundraising activities that elected officials perform for others, including in their capacity as employees or board members of nonprofit organizations. Elected officials who successfully solicit one or more contributions for "legislative, governmental, or charitable purposes" that equal or exceed $5,000 in the aggregate from the same source during a single calendar year must file a report with the official's agency (typically the city clerk) within 30 days of reaching the $5,000 threshold. § 84224(a). The report must contain the following information: • The contributor's name and address; • The amount of the contribution; • The date or dates on which the payments were made; • The name and address of the contribution recipient; • If goods or services were contributed, a description of those goods and services; and • A description of the purpose or event for which the contribution was used. Summary of Principal Conflicts of Interest Laws and Regulations Page 3 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The report must also include the following information to the extent known to the elected official: • A brief description4 of the relationship between the nonprofit organization and the elected official, their family member, member of their campaign, or member of their staff; and • A brief description of any proceedings before the elected official's agency at the time of the payment or 12 months before the payment, in which the nonprofit organization is a named party or subject of the decision. Regulation 18424. The statute does not define the term "legislative, governmental, or charitable purposes," but charitable purposes typically involve 501 (c) (3) organizations. Examples of "governmental" purposes include fundraising for a new city hall roof, an inaugural celebration committee,5 litigation expenses,' a breakfast honoring public safety personnel,' and youth conferences.$ The term "legislative purpose," in turn, refers to a 1996 FPPC opinion in which a state senator asked a private party to pay for a witness's airfare and expenses to testify at a legislative hearing.9 These reporting requirements also apply if the payment is "made at the behest of the elected officer, even if the officer did not actively solicit contributions. §§ 82004.5, 82041.3. A payment is "made at the behest of" an elected officer when it is made "under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of" that officer. Id. This disclosure requirement does not apply to a behested payment made by a local, state, or federal governmental agency for a principally legislative or governmental purpose. § 84224(b) (4). 2. Conflicts of Interest Under the Political Reform Act In addition to the disclosure requirements, the Act requires public officials to disqualify themselves from making, participating in making, or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a financial interest. § 87100; Regulation 18700. An official has a disqualifying financial interest in a decision if the decision will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, directly on the official or a member of the official's immediate family, or on certain listed financial interests. The listed financial interests are: 4 A "brief description" includes any decision making capacity within the organization, salaried employment, status as a founding member, and honorary or advisory board positions. Regulation 18424(a). 5 Sutton Advice Letter, No. A-05-256, 2005 WL 3693740 (2005). 6 Stoen Advice Letter, No. A-03-185, 2004 WL 334564 (2004) (district attorney's expenses in suing a private company when governing body withdrew funding for effort). 7 Gallegos Advice Letter, No. A-00-059, 2000 WL 311529 (2000). 8 Gallegos Advice Letter, No. A-98-192, 1998 WL 671296 (1998). 9 Schmidt Advice Letter, No. A-96-098, 1996 WL 779579 (1996). Summary of Principal Conflicts of Interest Laws and Regulations Page 4 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Any business entity in which the public official has a direct or indirect investment worth $2,000 or more. • Any real property in which the public official has a direct or indirect interest worth $2,000 or more. • Any source of income, including commission income or incentive income, aggregating to at least $500 within 12 months prior to the time when the decision is made. The $500 must be provided or promised to, or received by, the official during the 12 months before the decision. • Any business entity (excluding nonprofit corporations) in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. • Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $590 or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. § 87103; Regulations 18700 and 18940.2. The FPPC regulations interpret and provide guidance for most of the terms used in the Act. The FPPC also provides standards for determining if each element of the Act's prohibitions has been satisfied. 3. The FPPC's Test for Analyzing Conflicts of Interest In the past few years, the FPPC has reorganized and revised the conflict of interest regulations in a comprehensive manner. Under the old regulations, a public official was advised to follow an eight -part test to analyze a potential conflict of interest. The newly revised regulations establish a new four-part test, as stated in Regulation 18700(d). The new FPPC four-part test assumes that an official already has determined whether he or she is a public official within the meaning of the Act. The new test also assumes that the official has identified the financial interests that may be affected by a particular governmental decision. Since these two steps are necessary for a complete analysis, we recommend that public officials follow the seven steps described below, which incorporate these two initial steps as well as the FPPC's new four-part test. STEP ONE: IS A PUBLIC OFFICIAL INVOLVED? Determine whether the individual is a public official within the meaning of the Act. The Act applies only to "public officials." Regulation 18700(b). A "public official" is defined to include a "member, officer, employee, or consultant" of a state or local government agency. § 82048; Regulation 18700(c). The regulations define "member" and "consultant" as follows: Summary of Principal Conflicts of Interest Laws and Regulations Page 5 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • A "member" does not include an individual who performs duties as part of a committee, board, commission, group, or other body that does not have decision -making authority. A board or commission possesses decision -making authority if: (i) it may make a final governmental decision, (ii) it may compel or prevent a governmental decision by reason of an exclusive power to initiate the decision or by reason of a veto that may not be overridden, or (iii) it makes substantive recommendations, which, over an extended period of time, have been regularly approved without significant amendment or modification by another official or agency. Regulation 18700(c)(2). • A "consultant"10 includes an individual who, pursuant to a contract with a state or local government agency, makes specific kinds of governmental decisions or serves in a staff capacity with the agency and either participates in governmental decisions or performs the same or substantially all of the same duties that would otherwise be performed by a person in a position listed in the agency's conflict of interest code. Regulation 18700.3. STEP TWO: WHAT ARE THE PUBLIC OFFICIAL'S FINANCIAL INTERESTS? Identify the public official's financial interests. A public official's financial interests include certain business entities, real property, sources of income, and donors of gifts (as well as intermediaries and agents of such donors). Regulation 18700(c) (6). More specifically, a public official has a financial interest in any of the following: • A business entity in which the official has a direct or indirect investment worth at least $2,000.11 (Note: In certain situations, this can include a parent,12 subsidiary,13 or otherwise related14 business entity.15) 10 For more on who constitutes a "consultant" subject to the Act, see, e.g., Ennis Advice Letter, FPPC No. A-15-006, 2015 WL 1781 144 (2015). 11 The FPPC has determined that membership in a country club is a financial interest in the club as a business entity when the membership is transferrable and can be resold for profit or loss. Gee Advice Letter, FPPC No. A-17-249, 2018 WL 723401 (2018). 12 A business entity is a "parent" if it is a corporation that controls more than 50 percent of the voting stock of another corporation; the parent corporation is also a parent to any subsidiaries of the corporation that it controls. Regulation 18700.2 (b) (1). 13 A business entity is a "subsidiary" if it is a corporation whose voting stock is more than 50 percent controlled by another corporation; the subsidiary corporation is also a subsidiary to any corporation that controls its parent corporation. Regulation 18700.2 (b) (2). 14 Business entities, other than a parent corporation, are "otherwise related" if (1) the same person or persons together direct or control each business entity, or (2) the same person or persons together have a 50 percent or greater ownership interest in each business entity. Regulation 18700.2 (b) (3). 15 An official with a financial interest in a business entity also has an interest in a parent or subsidiary of the business entity or an otherwise related business entity, unless (1) the official's only interest is that of a shareholder and the official is a passive shareholder with less than 5 percent of the shares of the corporation, and (2) the parent corporation is required Summary of Principal Conflicts of Interest Laws and Regulations Page 6 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Any real property in which the public official has a direct or indirect interest worth at least $2,000.11 Real property interests include all leases except month -to -month leases and leases with terms shorter than a month. Regulation 18233. • Any "source of income" of at least $500 that is provided or promised to the public official, or received by the public official within 12 months prior to a governmental decision, not including gifts and loans by banks available to the general public. Income is "promised to" the official if he or she has a "legally enforceable right to the promised income." Regulation 18700(c) (6) (C). The term "source of income" may include individuals, organizations, and businesses. If the "source of income" is a business that provides or promises the official at least $500 within 12 months prior to a governmental decision, the official also has a source -of - income interest in: (1) any individual owning at least a 50 percent interest in that business, and (2) any individual who has the power to direct or cause the direction of management and policies of the business. Regulation 18700.1 (a) (2). • Any business entity in which the public official is a director, officer, partner, trustee, or employee, or holds any position of management. (Note: Again, this may include a parent, subsidiary, or otherwise related business entity.) • Any donor of gifts, or any intermediary or agent for a donor of gifts, amounting to at least $590 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.17 This is a sort of "catch-all" provision that is meant to address economic interests of a public official and his or her immediate family that do not qualify as investments, property, or business entities, but are nonetheless potentially affected by government decisions. §§ 82047, 87103; Regulations 18700, 18940.2. The terms "indirect investment" and "indirect interest" are used to indicate investments and interests owned by the spouse or dependent child of the public official, an agent of the public official, or a business entity or trust in which the official, or his or her agent(s), spouse, or dependent children, has at least a 10 percent ownership interest. Regulation 18700(c)(6)(F). to file annual Form 10-K or 20-F Reports with the Securities and Exchange Commission and has not identified the subsidiary on those forms or its annual report. Regulation 18700.2 (c)-(d). 16 The FPPC has determined that membership in a country club is a financial interest in real property when the member would be entitled to a proportionate share of the value of the club's assets if the club were dissolved. Gee Advice Letter, FPPC No. A-17-249, 2018 WL 723401 (2018). 17 The FPPC determined that a public official had a financial interest in his personal finances when considering a decision to award a contract for waste hauling services at a facility located near his mobile home. Brady Advice Letter, FPPC No. A-22-027, 2022 WL 16725545 (2022). Summary of Principal Conflicts of Interest Laws and Regulations Page 7 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations STEP THREE: IS IT REASONABLY FORESEEABLE THAT THE GOVERNMENTAL DECISION WILL HAVE A FINANCIAL EFFECT ON ANY OF THE OFFICIAL'S FINANCIAL INTERESTS? Determine whether the governmental decision will have a reasonably foreseeable financial effect on any of the public official's financial interests. Regulation 18701 draws a distinction between a financial interest that is "explicitly involved" in a decision, on the one hand, and a financial interest that is not "explicitly involved" in a decision, on the other hand. Financial interests are considered to be explicitly involved in a decision if the interest is a "named party in, or the subject of, a governmental decision before the official or the official's agency." Regulation 18701 (a). A financial interest is the "subject" of a proceeding "if the decision involves the issuance, renewal, approval, denial or revocation of any license, permit, or other entitlement to, or contract with the financial interest, and includes any governmental decision affecting a real property financial interest as described in Regulation 18702.2(a)(1) - (6)." Regulation 18701 (a). In those cases, the financial effect is presumed to be reasonably foreseeable. Even if a financial interest is not explicitly involved in a decision, the effect may still be considered reasonably foreseeable. Regulation 18701 states that a financial effect need not be "likely" to be considered "reasonably foreseeable" for purposes of the FPPC's regulations. If the financial effect can be "recognized as a realistic possibility" and if the effect is "more than hypothetical or theoretical," it will be considered reasonably foreseeable. Regulation 18701 (b). The financial effect will not be considered reasonably foreseeable if the "the financial result cannot be expected absent extraordinary circumstances" that are not subject to the official's control. The FPPC also provides the following list of non-exclusive factors that should be considered when determining whether a governmental decision will have a reasonably foreseeable effect on a financial interest that is not explicitly involved in the decision: • The extent to which the occurrence of the financial effect is contingent upon intervening events, not including future governmental decisions by the official's agency, or any other agency appointed by or subject to the budgetary control of the official's agency. • Whether the public official should anticipate a financial effect on his or her financial interest as a potential outcome under normal circumstances when using appropriate due diligence and care. Summary of Principal Conflicts of Interest Laws and Regulations Page 8 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Whether the public official has a financial interest that is of the type that would typically be affected by the terms of the governmental decision or whether the governmental decision is of the type that would be expected to have a financial effect on businesses and individuals similarly situated to those businesses and individuals in which the public official has a financial interest. • Whether a reasonable inference can be made that the financial effects of the governmental decision on the public official's financial interest might compromise a public official's ability to act in a manner consistent with his or her duty to act in the best interests of the public. • Whether the governmental decision will provide or deny an opportunity, or create an advantage or disadvantage for one of the official's financial interests, including whether the financial interest may be entitled to compete or be eligible for a benefit resulting from the decision. • Whether the public official has the type of financial interest that would cause a similarly situated person to weigh the advantages and disadvantages of the governmental decision on his or her financial interest in formulating a position. Possession of a real estate, brokerage license, or other professional license does not automatically constitute a reasonably foreseeable effect on the official's financial interest. Regulation 18701.1. The official's likely business activity must be considered to determine whether the governmental decision will have a reasonably foreseeable effect on one of the official's financial interests. If it is not reasonably foreseeable that the governmental decision will have a financial effect on any of the official's financial interests, there is no conflict under the Act. If it is determined that it is reasonably foreseeable that the governmental decision will have a financial effect, however, the official must determine whether the effect is material. STEP FOUR: WILL THE REASONABLY FORESEEABLE EFFECT BE MATERIAL? Determine whether the reasonably foreseeable financial effect will be material. If the effect is "nominal, inconsequential, or insignificant," the financial effect will not be considered material. Regulation 18702(b). Otherwise, however, the provisions in Regulations 18702.1 through 18702.5 determine - for each type of financial interest - whether the effect is material. Regulation 18702(a). Summary of Principal Conflicts of Interest Laws and Regulations Page 9 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations a. Business Entities Regulation 18702.1 provides that the reasonably foreseeable effect of a decision on a business entity in which the official has an investment interest or holds an employment or management position is material whenever the business entity is a named party in, or the subject of, the decision, including any decision in which the entity: • Initiates the proceeding by filing an application, claim, appeal, or other request for action concerning the entity with the official's agency; • Offers to sell a product or service to the official's agency; • Bids on or enters into a contract with the official's agency, or is identified as a subcontractor on a bid or contract with the agency; • Is the named or intended manufacturer or vendor of any products to be purchased by the official's agency with an aggregate cost of $1,000 or more in any 12-month period; • Applies for a permit, license, grant, tax credit, exception, variance, or other entitlement from the official's agency; • Is the subject of any inspection, action, or proceeding under the regulatory authority of the official's agency; or • Is otherwise subject to an action taken by the official's agency that is directed at the entity. The reasonably foreseeable effect of a decision on a business entity in which the official has an investment interest or holds an employment or management position is also material if any of the following criteria are met: • The decision may result in an increase or decrease of the entity's annual gross revenues, or the value of the entity's assets or liabilities, in an amount equal to or more than: ✓ $1,000,000; or ✓ Five percent of the entity's annual gross revenues and the increase or decrease is at least $10,000. • The decision may cause the entity to incur or avoid additional expenses or to reduce or eliminate expenses in an amount equal to or more than: ✓ $250,000; or ✓ One percent of the entity's annual gross revenues and the change in expenses is at least $2,500. Summary of Principal Conflicts of Interest Laws and Regulations Page 10 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • The official knows, or has reason to know, that the entity has an interest in real property and: ✓ The property is a named party in, or the subject of, the decision under Regulations 18701 (a) and 18702.2(a)(1) - (6); or ✓ There is clear and convincing evidence the decision would have a substantial effect on the property. There is also a "small shareholder" exception that allows officials to participate in decisions explicitly involving a business entity where the official's only interest in that business entity is an investment interest worth no more than $25,000. Regulation 18702.1 (b). To qualify for this exception, the interest also must be less than one percent of the business entity's shares. However, meeting these thresholds does not automatically allow the official to participate in the decision. The official still must analyze the decision's potential effect on the business entity's annual gross revenues, assets and liabilities, expenses, and real property interests. Under this rule, even where an official has only a small investment in a business entity, the impact of a decision might be so significant that the official still has a conflict of interest. b. Real Property - Modified "500-Foot Rule" and Other Criteria The traditional "500-foot" rule has been replaced with an extensive list of criteria that must be analyzed to determine whether a decision will have a material financial effect on an official's real property interest. Regulation 18702.2. There are now eight materiality standards that must be evaluated when an official has an ownership interest in real property, and four materiality standards that must be evaluated when an official has a leasehold interest in real property (i.e., as the lessee of the property). Regulation 18702.2 now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest, other than a leasehold interest, is material whenever the governmental decision: • Involves the adoption of, or amendment to, a development plan or criteria applying to the parcel; • Determines the parcel's zoning or rezoning, other than a zoning decision applicable to all properties designated in that category; annexation or de -annexation; inclusion in, or exclusion from, any city, county, district, or local government subdivision or other boundaries, other than elective district boundaries; • Would impose, repeal, or modify any taxes, fees, or assessments that apply to the parcel; • Authorizes the sale, purchase, or lease of the parcel; • Involves the issuance, denial or revocation of a license, permit, or other land use entitlement authorizing a specific use of or improvement to the Summary of Principal Conflicts of Interest Laws and Regulations Page 1 1 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations parcel or any variance that changes the permitted use of, or restrictions placed on, that real property; • Involves construction of, or improvements to, streets, water, sewer, storm drainage, or similar facilities, and the parcel will receive new or improved services that provide a benefit or detriment disproportionate to other properties receiving the services; • Involves property located 500 feet or less from the property line of the parcel unless there is clear and convincing evidence that the decision will not have any measurable impact on the official's property; or • Involves property located more than 500 feet but less than 1,000 feet from the property line of the parcel, and the decision would change the parcel's: ✓ Development potential; ✓ Income producing potential; ✓ Highest and best use; ✓ Character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or air quality; or ✓ Market value. Regulation 18702.2(b) clarifies that the financial effect of a governmental decision on a parcel of real property in which an official has an ownership interest is presumed not to be material whenever the governmental decision involves property located 1,000 feet or more from the property line of the official's property. This presumption may be rebutted, however, with clear and convincing evidence that the governmental decision would have a substantial effect on the official's property. The FPPC has relaxed the rules with respect to real property economic interests that stem from having an ownership interest in the common area of a common interest development. Previously, in addition to evaluating whether the decision concerned a project located within 500 feet of the public official's real property, it was necessary to evaluate whether the decision was within 500 feet of any homeowner association common area in which the official had an ownership interest. Now, Regulation 18702.2 excludes common areas in common interest developments from the definition of "real property" for the purpose of conducting a conflict of interest analysis. Thus, the proximity of homeowner association common areas to a project is no longer a factor in the conflict of interest analysis. With respect to an official's leasehold interests, i.e., where the official is the lessee of the property, Regulation 18702.2(c) now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest is material only if the governmental decision will: Summary of Principal Conflicts of Interest Laws and Regulations Page 12 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Change the termination date of the lease; • Increase or decrease the potential rental value of the property; • Change the official's actual or legally allowable use of the property; or • Impact the official's use and enjoyment of the property. There are a few exceptions in Regulation 18702.2(d) by which the effect of a decision on an official's real property interest will not be considered material. The following decisions will not be considered to have a material effect on an official's real property interest: • The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage, or similar facilities. • The decision solely concerns the adoption or amendment of a general plan and all of the following apply: ✓ The decision only identifies planning objectives or is otherwise exclusively one of policy. A decision will not qualify under this subdivision if the decision is initiated by the public official, by a person that is a financial interest to the public official, or by a person representing either the public official or a financial interest to the public official. ✓ The decision requires a further decision or decisions by the public official's agency before implementing the planning or policy objectives, such as permitting, licensing, rezoning, or the approval of or change to a zoning variance, land use ordinance, or specific plan or its equivalent. ✓ The decision does not concern an identifiable parcel or parcels or development project. A decision does not "concern an identifiable parcel or parcels" solely because, in the proceeding before the agency in which the decision is made, the parcel or parcels are merely included in an area depicted on a map or diagram offered in connection with the decision, provided that the map or diagram depicts all parcels located within the agency's jurisdiction and the economic interests of the official are not singled out. ✓ The decision does not concern the agency's prior, concurrent, or subsequent approval of, or change to, a permit, license, zoning designation, zoning variance, land use ordinance, or specific plan or its equivalent. These rules replace the old "500-foot rule" that applied before 2014. Of special interest to many local public officials, these provisions appear to allow public officials to Summary of Principal Conflicts of Interest Laws and Regulations Page 13 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations participate in most decisions relating to slurry sealing, asphalt paving, curb and sidewalk repairs, or tree replacement, even if the work occurs within 500 feet of their property, due to the exception for repairs and replacement of existing infrastructure. C. Sources of Income The FPPC regulations also provide materiality standards for sources of income. Regulation 18702.3. A "source of income," as discussed above, is any person from whom a public official has received at least $500 in the twelve months prior to the relevant governmental decision. Regulation 18700.1. A "person" includes individuals, organizations, and business entities. § 82047. The regulations provide that any reasonably foreseeable financial effect on an individual, organization, or business entity1$ that is a source of income to an official or an official's spouse is material if: • The source is a named party in, or the subject of, the decision including a claimant, applicant, respondent, or contracting party; or • The decision will achieve, defeat, aid, or hinder a purpose or goal of the source and the official, or the official's spouse, receives or is promised the income for achieving the purpose or goal. This is known as the "Nexus" test. Regulation 18702.3(a)(1), 18702.3(b). In addition to these general standards, the regulations provide further guidance that separately analyzes a source of income depending on whether the source is an individual, non-profit organization, or business entity. If the source is an individual, a reasonably foreseeable financial effect on the source is material if: • The decision may affect the individual's income, investments, or other assets or liabilities (other than an interest in a business entity or real property) by $1,000 or more; • The official knows, or has reason to know, that the individual has an interest in a business entity that will be financially affected under the materiality standards in Regulation 18702.1; or • The official knows, or has reason to know, that the individual has an interest in real property, and either: ✓ The property is a named party in, or the subject of, the decision as defined in Regulations 18701 (a) and 18702.2(a)(1) - (6); or 18 The materiality standards for sources of income provided in this section do not apply where a government entity qualifies as a source of income, including where a public official is paid by the entity as a consultant or contractor. Regulation 18702.3(d). An official with an interest in a governmental entity is disqualified from taking part in a decision only if there is a unique effect on that official. Id. Summary of Principal Conflicts of Interest Laws and Regulations Page 14 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations ✓ There is clear and convincing evidence the decision would have a substantial effect on the property. If the source is a nonprofit organization, a reasonably foreseeable financial effect on the source is material if: • The decision may result in an increase or decrease of the organization's annual gross receipts, or the value of the organization's assets or liabilities, in an amount equal to or more than (1) $1,000,000, or (2) five percent of the organization's annual gross receipts and the increase or decrease is equal to or greater than $10,000; • The decision may cause the organization to incur or avoid additional expenses or to reduce or eliminate expenses in an amount equal to or more than (1) $250,000, or (2) one percent of the organization's annual gross receipts and the change in expenses is equal to or greater than $2,500; or • The official knows, or has reason to, know that the organization has an interest in real property and either: ✓ The property is a named party in, or the subject of, the decision under Regulations 18701 (a) and 18702.2(a) (1) - (6); or ✓ There is clear and convincing evidence the decision would have a substantial effect on the property. If the source is a business entity, a reasonably foreseeable financial effect on the source is material if that business entity will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entities above). Regulation 18702.3(a). The regulation also includes additional provisions to help officials who receive income from retail sales of a business entity in determining when a retail customer becomes a source of income to the public official directly. § 87103.5. This regulatory provision, which is intended to replace prior Regulation 18707.5, provides that: • The retail customers of a business entity constitute a significant segment of the public generally if the business is open to the public, and provides goods or services to customers that comprise a broad base of persons representative of the jurisdiction; and • Income from an individual customer is not distinguishable from the amount of income received from other customers when the official is unable to recognize a significant monetary difference between the business provided by the individual customer and the general clientele of the business. An official is unable to recognize a significant monetary difference when: (1) the business is of the type that sales to any one customer will not have a significant impact on the business's annual net sales; or (2) the business has no records that distinguish customers by Summary of Principal Conflicts of Interest Laws and Regulations Page 15 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations amount of sales, and the official has no other information that the customer provides significantly more income to the business than an average customer. Regulation 18702.3(c). If you own 10 percent or more of a business entity that is engaged in the retail sale of goods or services, we recommend that you review this provision in order to determine whether individual retail customers will be considered sources of income to you for the purpose of analyzing conflicts under the Act. d. Sources of Gifts The FPPC regulations also provide materiality standards for sources of gifts. Regulation 18702.4. For the purpose of analyzing potential conflicts under the Political Reform Act, a donor becomes a "source of gifts" by providing or promising a public official with gifts valued at $590 or more in the aggregate in the 12 months prior to a governmental decision. Regulations 18700(c) (6) (E), 18940.2. A person may also be a source of a gift by being an "intermediary or agent for a donor of a similar gift. Regulation 18700(c) (6) (E). Under the FPPC regulations, a financial effect on a source of a gift is material if: • The source is a claimant, applicant, respondent, contracting party, or otherwise named or identified as the subject of the proceeding; • The source is an individual that will be financially affected under the standards applied to an official in Regulation 18702.5 (see Personal Finances below), or the official knows, or has reason to know, that the individual has an interest in a business entity or real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.1 or 18702.2, respectively; • The source is a nonprofit organization that will be financially affected under the materiality standards applied to a nonprofit source of income interest in Regulation 18702.3 (see Sources of Income above); or • The source is a business entity that will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entities above). Regulation 18702.4. Like with sources of income, the analysis of materiality for sources of gifts may depend on whether the source is an individual, a nonprofit, or a business entity. If the source of a gift is the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the financial effect will be deemed material, regardless of whether the source is an individual, a nonprofit, or a business entity. If the source of a gift is not the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the official will need to apply the other standards in Regulation 18702.4(b) - (d), depending on whether the source of the gift is an individual, a nonprofit, or a business entity. Summary of Principal Conflicts of Interest Laws and Regulations Page 16 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations e. Personal Finances Finally, the regulations provide materiality standards for effects on personal finances. Regulation 18702.5. A reasonably foreseeable financial effect on an official's or his or her immediate family's personal finances is considered material if the decision may result in the official or the official's immediate family member receiving a financial benefit or loss of $500 or more in any 12-month period due to the decision. Regulation 18702.5 (a) . However, a financial effect is not considered material under Government Code Section 87103 if the decision would do any of the following: • Affect only the salary, per diem, or reimbursement for expenses of the public official, or a member of his or her immediate family receives from a federal, state, or local government agency unless the decision is to appoint (other than an appointing decision otherwise permitted under Regulation 18702.5), hire, fire, promote, demote, suspend without pay, or otherwise take disciplinary action with financial sanction against the official or a member of his or her immediate family, or to set a salary for the official or a member of his or her immediate family which is different from salaries paid to other employees of the government agency in the same job classification or position, or when the member of the public official's immediate family member is the only person in the job classification or position. • Appoint the official to be a member of any group or body created by law or formed by the official's agency for a special purpose. However, if the official will receive a stipend for attending meetings of the group or body aggregating $500 or more in any 12-month period, the effect on the official's personal finances is material unless the appointing body posts specified information on its website.19 • Appoint the official to be an officer of the governing body of which the official is already a member, such as a decision to appoint a city councilmember to be the city's mayor. • Establish or change the benefits or retirement plan of the official or the official's immediate family member, and the decision applies equally to all employees or retirees in the same bargaining unit or other representative group. • Result in the payment of any travel expenses incurred by the official or the official's immediate family member while attending a meeting as an authorized representative of an agency. 19 Specifically, the appointing body must post all of the following information on its website: (1) a list of each appointed position and its term; (2) the amount of the stipend for each appointed position; (3) the name of the official who has been appointed to the position; and (4) the name of any official who has been appointed to be an alternate for the position. Regulation 18702.5(b)(2). Summary of Principal Conflicts of Interest Laws and Regulations Page 17 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Permit the official's use of any government property, including automobiles or other modes of transportation, mobile communication devices, or other agency -provided equipment for carrying out the official's duties, including any nominal, incidental, negligible, or inconsequential personal use while on duty. • Result in the official's receipt of any personal reward from the official's use of a personal charge card or participation in any other membership rewards program, so long as the reward is associated with the official's approved travel expenses and is no different from the reward offered to the public. Regulation 18702.5(b). Any effect on the interests noted above would not constitute a material effect on personal finances for the purpose of the Political Reform Act. Regulation 18702.5 clarifies that if a decision only affects a business entity or real property in which the official has a financial interest, the regulation regarding personal finances does not apply. Regulation 18702.5(c). Under those circumstances, the official should analyze the applicable materiality standards for those types of interests in Regulations 18702.1 and 18702.2 to determine whether a conflict exists. STEP FIVE: DOES THE "PUBLIC GENERALLY" EXCEPTION APPLY? Determine if the official can demonstrate that the material financial effect on the official's interest is indistinguishable from the decision's effect on the public generally. Once it is determined that it is reasonably foreseeable that a decision will have a material financial effect on an official's financial interest, it is necessary to evaluate whether an exception to the disqualification requirement is applicable. One exception, known as the "public generally" exception, provides that even if a governmental decision will have a reasonably foreseeable material financial effect on the official's financial interest, disqualification will not be required if the effect on the public official's financial interest is indistinguishable from the decision's effect on the financial interests of the public generally. Regulation 18703. In order to use this exception, the official must be able to demonstrate two core elements. First, the governmental decision must affect a "significant segment" of the public in the jurisdiction of the public agency. Second, the governmental decision's effect on the official's financial interest must not be unique as compared to the effect on the significant segment. Regulation 18703(a). Summary of Principal Conflicts of Interest Laws and Regulations Page 18 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The FPPC has simplified the regulation to determine what constitutes a sufficiently "significant segment" of the public. Regulation 187O3(b). A significant segment of the public is: • At least 25 percent of any of the following: ✓ All businesses or nonprofit entities within the official's jurisdiction; ✓ All real property, commercial real property, or residential real property within the official's jurisdiction; or ✓ All individuals within the official's jurisdiction. • At least 15 percent of residential real property within the official's jurisdiction, if the official's only interest in a government decision is the official's primary residence. Regulation 187O3(b). To determine whether a decision's effect on the official's financial interest is "unique" as compared to the effect on the significant segment of the public, the FPPC requires that an official determine whether the decision has a "disproportionate" effect on: • The development potential or use of the official's real property or on the income producing potential of the official's real property or business entity. • An official's business entity or real property resulting from the proximity of a project that is the subject of a decision. • An official's interests in business entities or real properties resulting from the cumulative effect of the official's multiple interests20 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). 20 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." Peake Advice Letter, FPPC No. A-15-227, 2015 WL 9680333 (2015) . Summary of Principal Conflicts of Interest Laws and Regulations Page 19 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The official's "jurisdiction" for the purposes of this regulation constitutes the "jurisdiction of the state or local government agency as defined in Section 82035, or the designated geographical area the official was elected to represent, or the area to which the official's authority and duties are limited if not elected." Regulation 18703(d). Real property is considered to be within a "jurisdiction" if the "property or any part of it is located within, or not more than, two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency." § 82035. The FPPC Regulations include a number of specialized "public generally" exceptions. Regulation 18703(e). The financial effect on an official's financial interest is deemed indistinguishable from that of the public generally where there is no unique effect on the official's interest if the official establishes: • The decision sets or adjusts the amounts of assessments, taxes, fees, or rates for water, utility, or other broadly provided public services or facilities that are applied equally, proportionally, or by the same percentage to the official's interest and other businesses, properties, or individuals subject to the assessment, tax, fee, or rate. However, the exception does not apply if the decision imposes assessments, taxes, or fees, determines the boundaries of a property, or determines who is subject to the assessments, taxes, or fees. Under this exception, these factors must already be determined. • The decision affects the official's personal finances as a result of an increase or decrease to a general fee or charge, such as parking rates, permits, license fees, application fees, or any general fee that applies to the entire jurisdiction. • The decision affects residential real property limited to a specific location, encompassing more than 50, or five percent of the residential real properties in the official's jurisdiction, and the decision establishes, amends, or eliminates ordinances that restrict on -street parking, impose traffic controls, deter vagrancy, reduce nuisance or improve public safety, provided the body making the decision gathers sufficient evidence to support the need for the action at the specific location. • The decision is limited to establishing, eliminating, amending, or otherwise affecting the rights or liabilities of tenants and owners of residential real property, including rent control or tenant protection matters. Officials may participate if: (1) the decision is applicable to all residential rental properties within the official's jurisdiction other than those excepted by the Costa -Hawkins Rental Housing Act; (2) the official owns three or fewer residential units; and (3) the only interests affected by the decision are the official's interest in residential real property as a landlord or the official's interest in a primary residence as owner or lessee. • The decision is made by a board or commission and the law that establishes the board or commission requires certain appointees have a Summary of Principal Conflicts of Interest Laws and Regulations Page 20 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations representative interest in a particular industry, trade, or profession or other identified interest, and the public official is an appointed member representing that interest. This provision applies only if the effect is on the industry, trade, or profession or other identified interest represented. • The decision is made pursuant to an official proclamation of a state of emergency when required to mitigate against the effects directly arising out of the emergency. • The decision affects a federal, state, or local governmental entity in which the official has an interest. Regulation 18703(e). STEP SIX: MAY THE OFFICIAL MAKE OR PARTICIPATE IN MAKING A DECISION? Determine whether the public official will be making, participating in the making, or using or attempting to use his/her official position to influence a governmental decision. The Act applies when a public official is "making, participating in making, or using or attempting to use official position to influence a government 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).21 • 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 an 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 21 A public official's "determination not to act" does not constitute participating in "making" a governmental decision when the public official is abstaining from a decision due to a personal financial interest. Summary of Principal Conflicts of Interest Laws and Regulations Page 21 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations before any official in any other government agency for the purpose of affecting a decision, and the public official acts or purports to act within his or her authority or on behalf of his or her agency in making the contact. Regulation 18704(c). There are limited exceptions to this rule. A public official is not making, participating in making, or influencing a government decision when the official acts in a solely ministerial, secretarial, or clerical manner. Regulation 18704(d) (1). In addition, an official is not making, participating in making, or influencing a government decision when the official appears before the public agency as a member of the general public to represent specific and limited "personal interests" or when the official negotiates his or her compensation or terms of employment. Regulation 18704(d). With respect to negotiating the terms of employment, however, "an official may not make a decision to appoint, hire, fire, promote, demote, or suspend without pay or take disciplinary action with financial sanction against the official or the official's immediate family, or set a salary for the official or the official's immediate family different from salaries paid to other employees of the government agency in the same job classification or position." Regulation 18704(d) (3). Making, participating in, or influencing a governmental decision also does not include communications to either the press or the general public. Regulation 18704(d)(4). Nor does it include academic decisions. Regulation 18704(d) (5). Limited actions in an official's professional capacity as an architect or engineer also are not considered to be making, participating in, or influencing a governmental decision. Regulation 18705(d) (6). Finally, an official who serves as a consultant will not be participating in a decision by making a recommendation regarding additional services if the agency has already contracted with the consultant - for an agreed upon price - to make recommendations concerning services of the type offered by the consultant. Regulation 18704(d) (7). STEP SEVEN: IS THE PUBLIC OFFICIAL'S PARTICIPATION LEGALLY REQUIRED? Determine if the public official's participation is legally required despite a conflict of interest. A public official also is permitted to participate in making a governmental decision, despite having a conflict of interest in the decision, if no alternative source of decision exists that would be consistent with the purposes and terms of the statute authorizing the decision. Regulation 18700(e), 18705(a). This exception is applied when a quorum of a legislative body cannot be convened due to the disqualifying conflicts of interests of its members. In that situation, as many Summary of Principal Conflicts of Interest Laws and Regulations Page 22 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations members as are needed to create the minimum number for the quorum may be selected at random to participate. In these situations, stringent disclosure requirements apply, not only regarding the basis of the selected member's conflict of interest, but also the reason why there is no alternative source of decision -making authority. Regulation 18705(b). For the purposes of this section, a "quorum" means "the minimum number of members required to conduct business and when the vote of a supermajority is required to adopt an item, the "quorum" shall be that minimum number of members needed for that adoption." Regulation 18705(d). Note that this rule is construed narrowly and may not be invoked to permit an official who is otherwise disqualified to vote to break a tie or to vote if a quorum can be convened of other members of the agency who are not disqualified, whether or not such other members are actually present at the time of the decision. Regulation 18705(c). 4. Abstention When a public official has a conflict of interest under the Act, he or she is required to abstain from making, participating in making, or using or attempting to use his or her official position to influence the local agency's decision. Abstention avoids a violation of the conflict of interest provisions of the Act. The Act establishes specific procedures that most public officials must follow when they have a conflict of interest and are required to abstain from a decision. § 87105; Regulation 18707. Immediately prior to the consideration of the matter, the official must: (i) identify each financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that disclosure of the exact street address of a residence is not required); (ii) publicly state his or her recusal from the matter; and (iii) leave the room until after the disposition of the matter unless the matter appears on a consent calendar, or other similar portion of an agenda for uncontested matters, or the official is speaking as a member of the public regarding an applicable personal interest. § 87105; Regulations 18707, 18704(d) (2). The FPPC recently clarified the procedure required and precise information that must be disclosed, as described in new Regulation 18707. This includes additional information regarding rules for closed sessions and matters on the consent calendar. Public officials may not avoid disclosure through partial absences and must disclose financial interests either immediately prior to consideration of an item or if the official arrives after consideration, immediately after the official joins the meeting. The procedure stated in Regulation 18707(a) must be followed by all council members, judges, elected state officers, members of planning commissions, members of boards of supervisors, district attorneys, county counsels, city managers, city attorneys, city treasurers and other public officials who manage public investments, and to candidates for any of these offices at any election. §§ 87105, 87200. The Act does not require other public officials who must file financial disclosure forms under local conflict of interest codes to follow the same procedure, but the FPPC has now prescribed specific rules for those public officials. Regulation 18707(b). Summary of Principal Conflicts of Interest Laws and Regulations Page 23 © 2023 Richards, Watson & Gershon 2765318 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)(B). Like other members of the public, the official may listen to the comments of other speakers on the matter. Id. Note that when a public official abstains from a decision, his or her presence does not count toward achieving a quorum. Regulation 18707(a)(3). Accordingly, if several officials must abstain from a decision under the Political Reform Act, there may not be sufficient members of the body present to consider a matter under the Brown Act. In such a circumstance, it may be possible to use the exception for legally required participation, as discussed above. 5. Penalties for Violation Administrative, civil, and criminal penalties exist for violations of the conflict of interest provisions of the Act. The FPPC may levy administrative penalties after a hearing and may impose a fine of up to $5,000 per violation, a cease and desist order, and an order to file reports. § 83116. The FPPC recently updated regulations providing for streamlined administrative enforcement procedures and specific penalties for various types of violations. Regulations 18360, 18360.1, 18360.2, 18360.3. Civil penalties include injunctive relief that may be sought by the district attorney or any person residing in the jurisdiction. § 91003. In the event a court finds that the actions would not have been taken but for the action of the official with the conflict of interest, the court is empowered to void the decision. § 91003. Misdemeanor criminal penalties are provided in situations where a knowing or willful violation of the act occurs, and generally, persons convicted of violating the Act may not be a candidate for elective office or act as a lobbyist for four years after the conviction. §§ 91000, 91002. The statute of limitations for civil and criminal enforcement actions is four years from the date of the violation. §§ 91000(c), 9101 1(b). The statute of limitations for administrative actions brought by the FPPC is five years from the date of the violation. § 91000.5. Summary of Principal Conflicts of Interest Laws and Regulations Page 24 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 6. Seeking Advice on Conflict of Interest Questions It is important to note that only a formal advice letter from the FPPC staff can immunize a public official from potential enforcement by the FPPC or the District Attorney in the event the public official participates in a decision and someone subsequently alleges the public official had a prohibited conflict of interest. A formal advice letter usually takes the FPPC staff at least a month to prepare, is only provided if the request relates to prospective acts (as distinguished from past acts), and if it contains sufficient facts upon which the FPPC is able to render a decision. Informal written advice (without immunity from potential enforcement action) may also be requested from the FPPC staff as well as informal telephonic advice through their technical assistance division at 1 866 ASK FPPC (1 866 275 3772). Based on the time frames required to obtain formal or informal written advice from the FPPC, it is important for public officials to consult their city attorney or local agency counsel as early as possible so as to provide adequate time to gather all relevant facts, draft a letter to the FPPC, and respond to the advice once given. B. Government Code Section 1090 Government Code Section 1090 provides in relevant part: "[m]embers of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members." The purpose of the prohibition contained in Section 1090 is to preclude a public official from using his or her position to obtain business or financial advantage through the approval of contracts by the public entities which he or she serves. As more fully explained below, the prohibition applies to not only preclude a member of the body or board that approves the contract from directly contracting with that same public entity, but it also applies when the public official has a financial or other specified relationship to the entity that seeks to contract with the public entity. The intent of the law is to remove the possibility of any personal influence that might bear on an official's decision -making activities on contracts executed by his or her public entity. Upon the enactment of the Act in 1974, questions arose as to whether that new law impliedly repealed or preempted the provisions of Section 1090. The California Attorney General addressed this issue first, concluding in a 1976 opinion that the Act did not implicitly repeal or preempt Section 1090. 59 Ops. Cal. Att'y Gen. 604, 671 (1976). Since that time, the courts and the Attorney General have consistently considered Section 1090 as having continuing effect. For example, in People v. Honig, 48 Cal. App. 4th 289, 328-29 (1996), the defendant in a criminal case for violations of Section 1090 argued that the Act superseded Section 1090. The California Court of Appeal declined to so rule, holding instead that the term "financially interested" in Section 1090 has a different meaning than the term "material financial effect" in the Act. In another case, the California Court of Appeal again held that the Act and Section 1090 are "two different statutory schemes." City of Vernon v. Central Basin Mun. Water Dist., 69 Cal. App. 4th 508, 513 (1999); see also Fraser-Yamor Agency, Inc. v. County of Del Norte, 68 Summary of Principal Conflicts of Interest Laws and Regulations Page 25 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Cal. App. 3d 201 (1977); People v. Vallerga, 67 Cal. App. 3d 847 (1977); City Council v. McKinley, 80 Cal. App. 3d 204 (1978); City of Imperial Beach v. Bailey, 103 Cal. App. 3d 191 (1980); Thomson v. Call, 38 Cal. 3d 633 (1985); Campagna v. City of Sanger, 42 Cal. App. 4th 533 (1996); 67 Ops. Cal. Att'y Gen. 369, 375 (1984); 69 Ops. Cal. Att'y Gen. 102 (1986); 70 Ops. Cal. Att'y Gen. 45, 47 (1987); 73 Ops. Cal. Att'y Gen. 191, 194-95 (1990). Both the Act and the common law (meaning court -made) doctrine against conflicts of interest require the public official with a conflict of interest to abstain from participation in the decision. Section 1090, by contrast, also prohibits the public entity from entering into a contract in which one of its officers or employees has a financial interest, unless certain exceptions apply. If the conflicted official is a member of a board or commission that executes the contract, he or she is conclusively presumed to be involved in the making of his or her agency's contracts. Thomson v. Call, 38 Cal. 3d at 649. This absolute prohibition applies regardless of whether the contract is found to be fair and equitable or the official abstains from all participation in the decision. Thomson, 38 Cal. 3d at 649-50; Fraser-Yamor Agency, 68 Cal. App. 3d at 21 1-12; City of Imperial Beach, 103 Cal. App. 3d at 195. The only way a public entity could still enter into such a contract - i.e., in which an official who is a member of the board or commission that executes the contract has a financial interest - would be if that interest qualifies as a "remote interest" or "non -interest" within the meaning of specified provisions discussed below. 1. Three Principal Components of Section 1090 The prohibition contained in Section 1090 involves three principal components: (1) the person subject to the prohibition must be an officer or employee of one of the types of governmental entities listed in Section 1090; (2) the public officer or employee must be "financially interested" in a contract; and (3) the contract must be made by either the public official in his or her official capacity or by the body or board of which the official is a member. a. Officer or Employee of Listed Government Entity The first element is whether the person subject to the prohibition is a member of the Legislature or an officer or employee of the state, a county, a district, a judicial district, or a city. Virtually every officer or employee of a municipality or local governmental district is subject to the prohibition of Section 1090. In 2018, the Attorney General concluded that a California charter school's governing body is also subject to Section 1090. 101 Ops. Cal. Atty. Gen. 92. In recent years, the courts also have concluded that consultants may be considered "employees" for the purpose of civil liability under Section 1090. In 2017, the California Supreme Court held that Section 1090 applies to independent contractors "when they have duties to engage in or advise on public contracting that they are expected to carry out on the government's behalf." People v. Superior Court (Sahlolbei), 3 Cal. 5th 230 (2017); see also, California Housing Finance Agency v. Hanover/California Management and Accounting Center, Inc., 148 Cal. App. 4th 682, 691 (2007); see also, Summary of Principal Conflicts of Interest Laws and Regulations Page 26 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Hub City Solid Waste Services, Inc. v. City of Compton, 186 Cal. App. 4th 1114, 1 124- 1125 (2010). Moreover, the courts have held that even private companies may be subject to Section 1090 where the company has the potential to exert considerable influence over the agency's contracting decision. Davis v. Fresno Unified School District, 237 Cal. App. 4th 261 (2015); McGee v. Balfour Beatty Construction, LLC, 247 Cal. App. 4th 235, 261 (2016). In 2019, the California Court of Appeal clarified that a consultant's mere provision of services to a public agency does not create a per se conflict of interest precluding future contracts, if, in the initial transaction, the consultant was not entrusted with acting on behalf of the public agency. California Taxpayers Action Network v. Tabor Construction, Inc., 42 Cal. App. 5th 824 (2019). As such, we advise that both public agencies and independent contractors carefully evaluate whether their duties and obligations include engaging in or advising on public contracting. If so, their involvement in those contracting decisions must be evaluated for compliance with Section 1090. b. Financial Interest in a Contract The second element of the prohibition is the existence of a direct or indirect financial interest in a contract. The courts have interpreted the term "financially interested" as including any direct interest, such as that involved when a public official enters directly into a contract with the body of which he is a member. Thomson v. Call, 38 Cal. 3d 633 (1985). The courts have also interpreted "financially interested" as including indirect financial interests in a contract, where, for example, a public official has a business relationship with the entity that would be contracting with the public entity, or when the public official would gain something financially by the making of the contract. Fraser- Yamor Agency, 68 Cal. App. 3d 201 (1977); Finnegan v. Schrader, 91 Cal. App. 4th 572, 579 (2001). In Thomson v. Call, the California Supreme Court described the breadth of the statute this way: "Section 1090 forbids city officers ... from being 'financially interested in any contract made by them in their official capacity, or by any body or board of which they are members.' The proscribed interest certainly includes any direct interest, such as that involved when an officer enters directly into a contract with the body of which he is a member. California courts have also consistently voided such contracts where the public officer was found to have an indirect interest therein. . . . Neither the absence of actual fraud nor the possibility of a `good faith' mistake on [the officer's] part can affect the conclusion that this contract violates section 1090 and is therefore void." 38 Cal. 3d at 645-46 (citations omitted). In Thomson, a council member sold certain real property to a third party, knowing that the city was negotiating a deal to acquire multiple parcels of property in that area for a public park. The third party then conveyed the council member's property to the city, in an apparent attempt to evade the provisions of Section 1090. The court essentially "unwound" and invalidated the entire transaction based on the council member's Summary of Principal Conflicts of Interest Laws and Regulations Page 27 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations interest in the transaction. The court refused to focus on the isolated contract between the city and the third party that bought the property from the council member, but rather viewed all of the successive contracts as one complex multi -party agreement. The court ordered the council member to disgorge all funds he received in the transaction and ordered that the city retain title to the property. The court noted that this type of severe remedy was necessary to discourage violations of Section 1090. Other decisions have followed this same broad reading of "indirect interests." In People v. Vallerga, the California Court of Appeal summarized court decisions addressing financial interests under Section 1090 as follows: "However devious and winding the chain may be which connects the officer with the forbidden contract, if it can be followed and the connection made, the contract is void." 67 Cal. App. 3d 847, 867 (1977); see also People v. Honig, 48 Cal. App. 4th 289, 315 (1996) (stating the same rule). The scope of indirect interests that could form a "devious and winding chain" back to a public contract is broad, but this reflects the judicial stance of vigilant enforcement of Section 1090. See, e.g., Thomson, 38 Cal. 3d at 652 (" [T] he policy of strict enforcement of conflict -of -interest statutes ... provides a strong disincentive for those officers who might be tempted to take personal advantage of their public offices, and it is a bright - line remedy which may be appropriate in many different factual situations."); Berko v. Woodward, 125 Cal. 119, 128 (1899) (noting the need for "strict enforcement" of the conflict of interest statutes). Although Section 1090 traditionally has been interpreted broadly, a California appellate decision warned against an overly broad interpretation of the term "financial interest" for the purpose of Section 1090. See Eden Township Healthcare District v. Sutter Health, 202 Cal. App. 4th 208, 228 (2011). The court acknowledged the general principle that the "defining characteristic of a prohibited financial interest is whether it has the potential to divide an official's loyalties and compromise the undivided representation of the public interest the official is charged with protecting." Id. at 221. The court concluded that the salaried CEO of a non-profit medical center, who also served on the board of a hospital district, was not financially interested in contracts between the medical center and the hospital district, despite the clear potential effect on his employer. Id. at 222. The court noted that there was "nothing in the record to support the inference that the [agreements] bear any relationship to [the CEO's] continued employment" with the medical center. Id. at 223-224. Moreover, the court noted that there was "no evidence that [the CEO would] derive any financial benefit arising from the" agreements in question. Id. at 226. The court stated broadly: In our view, if the contract itself offers no benefit to the official, either directly or indirectly, then the official is not financially interested in the contract and any explicit legislative exemption for such a circumstance would be unnecessarily redundant. Id. at 228. The court distinguished the case of Miller v. City of Martinez, 28 Cal. App. 2d 364 (1938), in which the complaint alleged that a council member had a financial interest in a contract with a company that employed him and in which he also held stock. Id. at 226. Summary of Principal Conflicts of Interest Laws and Regulations Page 28 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The ruling in Eden Township could be construed to suggest that an official is only "financially interested" in a contract that affects the official's compensation or continued employment.22 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.23 As such, we recommend that public officials seek legal assistance whenever a potential Section 1090 conflict arises. In addition to a "financial interest," there must be a contract in order for Section 1090 to apply, as described below. General contract principles apply to this determination and include such arrangements as purchase and service contracts as well as development agreements between a city and a developer (78 Ops. Cal. Att'y Gen. 230 (1995)); 82 Ops. Cal. Att'y Gen. 126, 129 n.4 (1999)), joint powers agreements (People v. Gnass, 101 Cal. App. 4th 1271, 1301 (2002)), and payments for conference attendance expenses (75 Ops. Cal. Att'y Gen. 20 (1992)). C. A Contract "Made" by the Official or by a Body or Board of which the Official Is a Member The third element necessary for a Section 1090 violation is that the contract has to be "made" either by the official or employee acting in his or her official capacity, or by any body or board of which the official is a member. The "making" of a contract is most commonly implicated by a city council's approval of a simple purchase order as part of the approval of a demand warrant registrar; this is likely to constitute the making of a contract within the scope of Section 1090. The courts have construed the term "made" as encompassing such elements in the formation of a contract as preliminary discussions, negotiations, compromises, reasoning, planning, and drawing of plans or specifications and solicitation for bids. Millbrae Ass'n for Residential Survival v. City of Millbrae, 262 Cal. App. 2d 222, 237 (1968). For example, in City Council of San Diego v. McKinley, 80 Cal. App. 3d 204, 212 (1978), a court of appeal found a Section 1090 violation when a city council entered into an agreement with a landscape architectural firm, of which the president, a stockholder, was also a member of the city's parks and recreation board. The board investigated and advised the city council on parks and recreation development issues, and it approved plans for a Japanese garden for which the board member's company ultimately received the development contract. Even though the board member was not a member of the city council, which awarded the contract to his company, the board member's participation in the planning for the garden was sufficient to constitute participation in "making" the contract: "[T]here is ample authority the negotiations, discussions, reasoning, planning, and give and take which go beforehand in the making of a decision to commit oneself must all be deemed to be a part of the making of an agreement in the broad sense. [Citation omitted.] Thus, the 22 See also, Ansolabehere Advice Letter, FPPC No. A-15-180, 2015 WL 9680325 (2015); Devaney Advice Letter, FPPC No. A-15-213, 2015 WL 7252462 (2015); but cf. Carney Advice Letter, FPPC No. A-16-073, 2016 WL 3212417 (2016) and Diaz Advice Letter, FPPC No. A-16-214, 2016 WL 7033000 (2016). 23 See, e.g., Diaz Advice Letter, FPPC No. A-16-214, 2016 WL 7033000 (2016) and Roy Advice Letter, FPPC No. A-16-157, 2016 WL 6565871 (2016). Summary of Principal Conflicts of Interest Laws and Regulations Page 29 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations final execution of a contract, which is the time when the contract is technically made, is not the only time when a conflict of interest may be presented." 80 Cal. App. 3d at 212. Similarly, in Stigall v. City of Taft, 58 Cal. 2d 565, 569-70 (1962), the California Supreme Court held that an impermissible conflict existed in a contract with a plumbing company owned by a council member, even though the council member resigned before the plumbing company's bid was accepted. The court recognized that activities prior to the signing of a contract can be integral to the decision to accept the contract. Id. at 569; see also Campagna v. City of Sanger, 42 Cal. App. 4th 533, 538 (1996). 2. Exceptions to Section 1090 a. "Remote Interest" Exception There are two categories of exceptions to Section 1090. The first, encompassing what are commonly referred to as "remote interests," is set forth in Section 1091. If an official has only a remote interest in a contract, then the local agency may enter into the contract as long as the official abstains from participating in the making of the contract in any way. Although this is not an exhaustive list of the "remote interest" exceptions, a few examples of "remote interest" exceptions include the following: • Remote interest exception for a compensated officer or employee of a nonprofit corporation (Section 1091 (b)(1)); • Remote interest exception for a person receiving a government salary, per diem, or reimbursement for expenses, even when the contract involves the department of the government entity that employs the board member (Section 1091 (b)(13)); • Remote interest exception for a litigation settlement agreement between an officer that is a party to litigation involving the body or board of which the officer is a member (Section 1091 (b)(15); and • Remote interest exception for the owner or partner of a firm who serves as an appointed member of an unelected board or commission of the contracting agency if the owner or partner recuses himself or herself from: (1) providing any advice to the contracting agency regarding the contract between the firm and the contracting agency; and (2) any participation in reviewing a project that results from that contract (Section 1091 (b)(17)). The "remote interest" exception applies only if the interest is disclosed to the body that approves the contract, the disclosure is noted in that body's official records, and the official abstains from voting. Further, members with a "remote interest" may not Summary of Principal Conflicts of Interest Laws and Regulations Page 30 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations attempt to influence any other member of the body or board of which they are members to enter into the contract. b. "Non -Interest" Exception The second category of exceptions is found in Section 1091.5. These are called "non - interest" exceptions and apply to a type of interest that is completely exempt from Section 1090 and, if held by the official, does not require abstention. Unlike the "remote interest" exceptions in Section 1091, most of the "non -interest" exceptions listed in Section 1091.5 are available to both board members and employees who are covered by the general prohibition in Section 1090. Although this is not an exhaustive list, examples of some of those exceptions are listed below: • Non -interest exception for government salary, per diem, or reimbursement of expenses when the contract does not involve the department of the government entity that employs the officer or employee (Section 1091.5 (a) (9)); • Non -interest exception for government salary to an officer's or employee's spouse when the spouse was employed by the government entity for at least one year prior to the officer's or employee's election or appointment (Section 1091.5 (a) (6)); • Non -interest exception for a non -compensated officer of a nonprofit corporation that supports the functions of the public entity or to which the public entity is required to give particular consideration (Section 1091.5 (a) (8)); • Non -interest exception for non -salaried members of a nonprofit corporation (Section 1091.5 (a)(7)); • Non -interest exception involving the receipt of public services on the same terms as would be provided if the officer were not a member of the governmental body or board (Section 1091.5 (a) (3)); and • Non -interest exception for contracts for public services between a special district and its board members if the special district requires board members to be landowners or representatives of a landowner and the contract is made on the same terms and conditions granted to everyone else. (Section 1091.5(a)(14)). For purposes of the exception, "public services" include the powers and purposes generally provided pursuant to provisions of the Water Code relating to irrigation districts, California water districts, water storage districts, or reclamation districts. Summary of Principal Conflicts of Interest Laws and Regulations Page 31 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 3. A Contract Made in Violation of Section 1090 is Void and Officials Violating Section 1090 Are Subject to Severe Penalties Finally, it is important to note the extreme consequences of a Section 1090 violation and thus the caution with which persons must act to ensure compliance with this law. A public official who willfully violates any of the provisions of Section 1090 "is punishable by a fine of not more than $1,000, or by imprisonment in the state prison, and is forever disqualified from holding any office in this state." § 1097. The civil fines applicable to Section 1090 violations now can be up to the greater of $10,000 or three times the value of the financial benefit received by the defendant for each violation. § 1097.3(a). In addition, a contract made in violation of Section 1090 is void under Section 1092. People ex rel. State v. Drinkhouse, 4 Cal. App. 3d 931, 935 (1970) ("[A] contract in which a public officer is interested is void, rather than voidable as the statute indicates."). As with the Political Reform Act, acting on the advice of counsel is not a defense to a Section 1090 violation. See People v. Chacon, 40 Cal. 4th 558 (2007); Chapman v. Superior Court, 130 Cal. App. 4th 261 (2005). Given these consequences, it is advisable for public officials to be very cautious in deciding whether they may participate in a contracting decision based on the existence of a "non -interest exception," whether they must abstain from those decisions based on the application of a "remote interest" exception, or whether their financial interest lies outside any exception and therefore precludes the public entity from entering into the contract altogether. 4. Aiding and Abetting Section 1090 Violations In 2014, the California Legislature adopted Senate Bill 952, which added a subsection (b) to Government Code Section 1090, which now reads: "An individual shall not aid or abet a Member of the Legislature or a state, county, district, judicial district, or city officer or employee in violating subdivision (a)" of Section 1090. The Legislature added a similar provision to Section 1093 such that a person "shall not aid or abet the Treasurer, Controller, a county or city officer, or their deputy or clerk" in purchasing or selling "warrants, scrip, orders, demands, claims, or other evidences of indebtedness" for personal gain. § 1093. The Legislature also added a penalty for these crimes to Section 1097, which applies when a person "willfully aids or abets an officer or person in violating" Section 1090 or certain other conflict provisions. In light of these new provisions, city officers and employees must be careful to avoid "aiding and abetting" a Government Code Section 1090 violation. 5. Seeking FPPC Advice on Section 1090 In 2013, the State Legislature adopted Assembly Bill 1090, which amended the enforcement provisions applicable to Government Code Section 1090. With the adoption of AB 1090, a person who is subject to the prohibition in Government Code Section 1090 may request advice and/or a formal opinion from the FPPC. § 1097.1(c). Opinions or advice must be requested prior to any action being taken, as the FPPC cannot issue options or advice based on past conduct. § 1097.1(c)(2). Such advice is admissible as evidence of good faith conduct by the requester if the requester truthfully Summary of Principal Conflicts of Interest Laws and Regulations Page 32 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations disclosed all material facts and relied on the advice or opinion of the FPPC. § 1097.1 (c). In addition, the FPPC is now authorized to enforce the prohibition in Government Code Section 1090 through administrative or civil actions. § 1097.1 (a). 6. Statute of Limitations for Section 1090 Violations The statute of limitations for bringing a criminal prosecution under Section 1090 is three years from the discovery of the violation. People v. Honig, 48 Cal. App. 4th 289, 304 (fn. 1) (1996); Penal Code §§ 801, 803(c). However, under Government Code Section 1092, a four-year statute of limitations applies to actions brought under Section 1090 to invalidate a contract. This four-year statute of limitations begins to run from the date that the plaintiff has discovered the violation, or in the exercise of reasonable care, should have discovered the violation. A four-year statute of limitations also applies to civil actions brought by the FPPC. § 1097.3(c). C. Common Law Doctrine Against Conflicts of Interest The common law doctrine against conflicts of interest constitutes the courts' expression of the public policy against public officials using their official positions for their private benefit. See Terry v. Bender, 143 Cal. App. 2d 198, 206 (1956). This doctrine provides an independent basis for requiring public officials and employees to abstain from participating in matters in which they have a financial interest. Violation of the doctrine can amount to official misconduct and can result in loss of office. Nussbaum v. Weeks, 214 Cal. App. 3d 1589 (1989). By virtue of holding public office, an elected official "is impliedly bound to exercise the powers conferred on him with disinterested skill, zeal, and diligence and primarily for the benefit of the public." Noble v. City of Palo Alto, 89 Cal. App. 47, 51 (1928). An elected official bears a fiduciary duty to exercise the powers of office for the benefit of the public and is not permitted to use those powers for the benefit of a private interest. Id. The common law doctrine against conflicts of interest has been primarily applied to require a public official to abstain from participation in cases where the official's private financial interest may conflict with his or her official duties. 64 Ops. Cal. Att'y Gen. 795, 797 (1981). However, the doctrine also applies when specific circumstances preclude a public official from being a disinterested, unbiased decision maker for a quasi-judicial matter. In one case, a council member who voted to deny permits for a condominium project near his house was deemed to have a common law conflict of interest (i.e., bias) due to his interest in preserving his ocean view and his personal animosity toward the applicants. Clark v. City of Hermosa Beach, 48 Cal. App. 4th 1 152 (1996). However, a more recent court decision creates some uncertainty as to whether the common law doctrine should be applied when statutory conflict of interest laws already address the particular situation. In BreakZone Billiards v. City of Torrance, 81 Cal. App. 4th 1205, 1233 (2000), the court declined to construe allegations of an official's bias in a decision to constitute a conflict of interest at common law when the applicable statutes already had been construed not to create a conflict of interest in that situation. In BreakZone, the court indicated, "[w]e continue to be cautious in Summary of Principal Conflicts of Interest Laws and Regulations Page 33 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations finding common law conflicts of interest .... We reject the application of the doctrine in this case, assuming, arguendo, it exists." 81 Cal. App. 4th at 1233. 11. OTHER SPECIALIZED CONFLICTS OF INTEREST LAWS AND REGULATIONS A. Doctrine Against Holding Incompatible Offices 1. The Common Law Doctrine Against Holding Incompatible Offices In addition to Government Code Section 1099 (discussed below), a common law doctrine (that is, legal principles established over time by court decisions) applies to prevent public officials from holding multiple public offices simultaneously. The common law doctrine against incompatibility of offices arose from a concern that the public interest would suffer when one person holds two public offices which might possibly come into conflict. The California Supreme Court set forth the following test for incompatibility of offices in People ex rel. Chapman v. Rapsey, 16 Cal. 2d 636 (1940): "Two offices are said to be incompatible when the holder cannot in every instance discharge the duties of each. Incompatibility arises, therefore, from the nature of the duties of the offices, when there is an inconsistency in the functions of the two, where the functions of the two are inherently inconsistent or repugnant, as where antagonism would result in the attempt by one person to discharge the duties of both offices, or where the nature and duties of the two offices are such as to render it improper from considerations of public policy for one person to retain both." 16 Cal. 2d at 641-42. Incompatibility of offices is not measured only by conflicts which do exist, but also by those conflicts which might arise. Chapman, 16 Cal. 2d 636, 641-42 (1940); 66 Ops. Cal. Att'y Gen. 382, 384 (1983); 64 Ops. Cal. Att'y Gen. 288, 289 (1981). In order to determine whether two positions are in conflict, it is necessary to determine first whether the two positions are both public offices within the scope of the doctrine. No statutory definition is given to the term "public officer." However, in Chapman, the court stated: "[A] public office is said to be the right, authority, and duty, created and conferred by law — the tenure of which is not transient, occasional, or incidental — by which for a given period an individual is invested with power to perform a public function for public benefit .... One of the prime requisites is that the office be created by the Constitution or authorized by some statute. And it is essential that the incumbent be clothed with a part of the sovereignty of the state to be exercised in the interest of the public." Summary of Principal Conflicts of Interest Laws and Regulations Page 34 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 16 Cal. 2d at 640 (citation omitted). Incompatibility can be triggered if the duties of the two offices "overlap so that their exercise may require contradictory or inconsistent action, to the detriment of the public interest." People ex rel. Bagshaw v. Thomson, 55 Cal. App. 2d 147, 150 (1942). Only one significant clash of duties and loyalties is required to make offices incompatible. 37 Ops. Cal. Att'y Gen. 21, 22 (1961). The policy set forth in Chapman includes prospective as well as present clashes of duties and loyalties. 63 Ops. Cal. Att'y Gen. 623 (1980) . Abstention has not been recognized as a remedy for incompatible offices. The general rule provides: "The existence of devices to avoid . . . [conflicts] neither changes the nature of the potential conflicts nor provides assurances that they would be employed. Accordingly, the ability to abstain when a conflict arises will not excuse the incompatibility or obviate the effects of the doctrine." 66 Ops. Cal. Att'y Gen. 176, 177 (1983) (citation omitted). The effect of the doctrine of incompatibility of offices is that a public official who enters into the duties of a second office is deemed to have automatically vacated the first office if the two are incompatible. Chapman, 16 Cal. 2d at 644. A list of some of the offices that the California Attorney General has found to be incompatible are as follows: • County board of supervisors member and community college board member. 78 Ops. Cal. Att'y Gen. 316 (1995). • Fire chief and board of supervisors member. 66 Ops. Cal. Att'y Gen. 176 (1983). Public utility district member and county board of supervisors member. 64 Ops. Cal. Att'y Gen. 137 (1981). • School district trustee and council member. 73 Ops. Cal. Att'y Gen. 354 (1990) . • School board member and council member. 65 Ops. Cal. Att'y Gen. 606 (1982). • County planning commissioner and council member. 63 Ops. Cal. Att'y Gen. 607 (1980). • Fire chief and council member. 76 Ops. Cal. Att'y Gen. 38 (1993). • County planning commissioner and city planning commissioner. 66 Ops. Cal. Att'y Gen. 293 (1983). Summary of Principal Conflicts of Interest Laws and Regulations Page 35 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • County planning commissioner and county water district director. 64 Ops. Cal. Att'y Gen. 288 (1981). • City planning commissioner and school district board member. 84 Ops. Cal. Att'y Gen. 91 (1997). • City manager and school district board member. 80 Ops. Cal. Att'y Gen. 74 (1997). • School district board member and community services district board member. 75 Ops. Cal. Att'y Gen 112 (1992). 2. The Statutory Codification of the Common Law Doctrine of Incompatible Offices - Government Code Section 1099 Government Code Section 1099 is intended to create a statutory rule against holding incompatible offices. This section is not intended to expand or contract the common law rule and is intended to be interpreted based on precedent created through court decisions under the common law doctrine. Stats. 2005, c. 254 (S.B. 274), § 2. Section 1099 provides that a public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee or other body, shall not simultaneously hold two public offices that are incompatible as defined by the statute. Section 1099 provides that offices are incompatible when: • Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body; • Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties and loyalties between the offices; or • Public policy considerations make it improper for one person to hold both offices. As is the case under the common law doctrine, Section 1099 provides that when two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second office. However, Section 1099 recognizes that certain state laws or possibly local ordinances may expressly provide for the simultaneous holding of particular offices and that result would not be precluded by Section 1099.24 Section 1099 does not apply if one of the positions is a mere position of 24 See, e.g., People ex rel. Lacey v. Robles, 2020 WL 467582 (2020), which held that Section 1099's exception to the rule against holding incompatible offices if "simultaneous holding of the particular offices is compelled or expressly authorized by law" did not apply to an official serving as a mayor and a member of the board of directors for a water replenishment district, despite the fact that the city council and the water replenishment district adopted an ordinance and resolution, respectively, authorizing the official to simultaneously hold both offices. The court reasoned that (1) the Legislature's reference to "law" is "best understood as a reference to state, not local, law"; and (2) even if the reference to "law" could be understood to allow local jurisdictions to deem offices compatible notwithstanding a possible conflict in duties or loyalties, the water replenishment district lacked the authority to authorize its board members to hold incompatible offices. Summary of Principal Conflicts of Interest Laws and Regulations Page 36 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations employment rather than a public office. It also does not apply when one of the positions is a member of a legislative body that has only advisory powers. § 1099(c), (d). B. Incompatible Outside Activities Government Code Section 1 126(a) provides, in relevant part: "[A] local agency officer or employee shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed...." The provisions of Section 1 126 prohibit officials and employees of a local government agency from engaging in outside employment or activities where any part of the employment or activity will be subject to approval by any other officer, employee, board or commission of the local agency. Exceptions are created to permit a public official to engage in outside employment by a private business, and to permit an attorney employed by a local agency in a non -elective position to serve on an appointed or elected governmental board of another agency. §§ 1127, 1128. However, the court in Mazzola v. City and County of San Francisco, 112 Cal. App. 3d 141 (1980) ruled that Section 1126 provides only authorization to implement standards for incompatibility pursuant to paragraph (b) of Section 1126. The court ruled that the restrictions of Section 1126 are not self-executing because existing and future employees should have notice that specific outside activities are, or are not compatible with their duties as an officer or employee of the local agency. Thus, Section 1126 would not bar a public official from holding a position outside his or her public agency unless the public agency in which he or she serves as a public official adopts an ordinance in compliance with the requirements of Section 1126 that specifies that the two positions or activities are incompatible. Many cities have not adopted such ordinances. In light of the court's decision in Mazzola, the Attorney General ruled that Section 1 126 did not apply to any elected official, such as a council member, since elected officials do not have an "appointing power" that can promulgate guidelines for their activities pursuant to Section 1126. However, if a local agency adopts such guidelines, they can be made applicable to officers and employees subordinate to the legislative body of the local agency, including members of advisory boards and commissions. § 1 126(a). Summary of Principal Conflicts of Interest Laws and Regulations Page 37 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations C. Successor Agency and Oversight Board Conflicts 1. Form 700s for Successor Agency and Oversight Board Members Regarding any city that adopted a resolution establishing a successor agency to the former redevelopment agency as a separate legal entity, an official who already files an annual Form 700 in his or her capacity as a city official does not need to file an Assuming Office Statement ("Assuming Office Form 700") within 30 days of assuming his or her position with the successor agency as long as these same city officials are already required to disclose all categories of economic interests. The successor agency official or employee will, however, have to file an Assuming Office Form 700 if he or she is not already required to disclose as a city official all categories of economic interests. With respect to those successor agency officers and employees who do have an obligation to file an Assuming Office Form 700, the 30-day deadline for completing those filings is likely 30 days from the date he or she was appointed rather than 30 days after the officer or employee is sworn in to office or starts to perform duties. This means that if the successor agency was formed as a separate governmental entity, the date that the official was appointed to his or her position would be the date that the successor agency adopted its rules and regulations, established successor agency positions in those rules, and designated specific city officials to fill those positions. However, if the successor agency appointed certain city officials to those positions at a later point in time, that later date would be the date from which the 30-day period would commence to run. Members of an oversight board are subject to the Political Reform Act. This means oversight board members must comply with both the Act's conflict of interest disqualification and disclosure requirements. Oversight board members who do not also hold a concurrent city position need to file an Assuming Office Form 700 within 30 days of their appointment. For example, the appointees of the county, superintendent of schools, and other non -city representatives who do not concurrently hold a city position, should file an Assuming Office Form 700 as an oversight board member with the city clerk. Similarly, if one or both of the mayor's appointees do not concurrently hold a position with the city requiring disclosure of economic interests in all categories, they should file an Assuming Office Form 700 within 30 days of their appointment. However, if a person appointed by the mayor to represent the city on the oversight board or any other appointee to the oversight board concurrently holds a position with the city that is already required to broadly disclose in all categories, these persons would not be required to file an Assuming Office Form 700 under the FPPC staff rationale noted above. 2. Obligation of Successor Agencies to Adopt Conflict of Interest Codes The Act requires that local government agencies must adopt a conflict of interest code. An exception applies for those agencies where all of its officials and employees are already required to file Statements of Economic Interests as city officials. In the Summary of Principal Conflicts of Interest Laws and Regulations Page 38 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations case of a successor agency, some members of its oversight board will not be city officials or employees. For example, the county, school district, county superintendent, and community college appointees are most likely not going to be current city officials or employees. Consequently, the successor agency must adopt a conflict of interest code that includes the oversight board. 3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code Section 82011 (c) provides that for "city agencies," the code reviewing body is the city council. The term "city agencies" is not defined in the Act but has been interpreted by the FPPC to mean local government agencies located solely within the boundaries of one city. In the past, the FPPC has interpreted a redevelopment agency as being a "city agency" and the city council as being the code reviewing body for the redevelopment agency. In the case of a successor agency of a former redevelopment agency that operates solely within the boundaries of one city, the successor agency will not have a jurisdictional boundary that extends beyond the boundary of the city. Consequently, the city council of the city in which the former redevelopment agency operated will be the code reviewing body for the successor agency. The city council, as the code reviewing body, is required to review and approve the successor agency's conflict of interest code not later than six months from the date the successor agency came into existence. § 87303. However, we recommend that this step be completed prior to that deadline for reasons mentioned below. Thus, it is appropriate to place the successor agency's conflict of interest code on a city council agenda for approval soon after the successor agency has adopted it. 4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements of Economic Interests The term "filing officer" is defined in the Act to be the office or officer with whom any statement or report is required to be filed under this title. § 82027, Regulation 18115. In determining where Form 700s are to be filed for officials of a successor agency, the city council, as the code reviewing body, may designate whether the "agency" (successor agency) or the "code reviewing body" (city council) is to be the entity with which Form 700s are filed. § 87500(p). Once that designation is made, the duty to perform the functions of filing officer must be delegated to an individual in either entity such as the city clerk, pursuant to Regulation 18227. The person designated becomes the "filing officer." Regulation 18227 provides that every entity with whom forms are filed shall assign to a specific official the responsibility for receiving and forwarding reports filed pursuant to Section 87500 (including Form 700s). Once assigned, the filing officer has a duty to supply Form 700s, review submitted Form 700s for completeness, and notify all persons who have failed to file forms and report violations to appropriate agencies. See § 81010, Regulations 18115, 181 15.1, 181 15.2. Summary of Principal Conflicts of Interest Laws and Regulations Page 39 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Thus, the city clerk or the successor agency secretary will most likely be the filing officer for the successor agency but such designation will ultimately be determined by the city council when acting as the code reviewing body for the successor agency's conflict of interest code. In the action to approve the successor agency's conflict of interest code, the city council should approve the successor agency's designation of the city clerk or successor agency secretary to be the filing officer for the successor agency's officials. In the meantime, it is appropriate for the city clerk or successor agency secretary to begin performing the duties of the filing official for the successor agency even though such designation will not be finalized until approved by the city council as the code reviewing body. It is recommended that one of the first steps for the city clerk or successor agency secretary to undertake is to make a record of the appointment date for each officer of the successor agency and each member of the oversight board. With respect to those officials of the successor agency and oversight board that are not otherwise exempt from filing Assuming Office Form 700s for their position with the successor agency, city clerks should provide forms to those persons and facilitate the filing of those forms within the 30-day time period required. City clerks should be mindful of the more explicit obligations now set forth in Regulations 18104, 18115, 181 15.1, and 181 15.2. D. Discount Passes on Common Carriers Article XII, Section 7 of the California Constitution states: "A transportation company may not grant free passes or discounts to anyone holding an office in this state; and the acceptance of a pass or discount by a public officer, other than a Public Utilities Commissioner, shall work a forfeiture of that office. A Public Utilities Commissioner may not hold an official relation to nor have a financial interest in a person or corporation subject to regulation by the commission." The Attorney General has explained this provision applies in the following manner: • The prohibition applies to public officers, both elected and non -elected, but not employees. • The prohibition applies to interstate and foreign carriers as well as domestic carriers, and to transportation received outside California. • The prohibition applies irrespective of whether the pass or discount was provided in connection with personal or public business. • Violation of the prohibition is punishable by forfeiture of office. There have only been a few decisions that address this constitutional prohibition. In one opinion, the Attorney General granted leave to sue two members of a city council who accepted free airline tickets to London given by Laker Airlines as part of the airline's promotion of its new Los Angeles to London service. Despite the fact that the council Summary of Principal Conflicts of Interest Laws and Regulations Page 40 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations members were unaware of the prohibition, the Attorney General allowed a quo warranto suit that subsequently settled before judgment. See, e.g., 76 Ops. Cal. Atty. Gen. 1, 3 (1993). In another opinion, the mayor of a city received an upgrade from a coach seat to a first class seat on Hawaiian Airlines. 76 Ops. Cal. Atty. Gen. 1 (1993). There, the mayor's ticket was one of 20 first-class upgraded tickets that the airline was allowed to provide to "high profile, prominent members of the community." At issue was whether that situation fit within an exception to the constitutional prohibition for situations when the free transportation or discount is provided to a public officer as a member of a larger group unrelated to the official's position. The Attorney General ruled that the facts did not satisfy the exception and that a violation of the prohibition had occurred. The exception considered in that opinion stemmed out of a 1984 opinion of the Attorney General which held that a public officer could accept first-class ticket upgrades by virtue of the airline's policy to do so for all persons on their honeymoon. In 67 Ops. Cal. Atty. Gen. 81 (1984), the Attorney General concluded that a public officer, whose spouse was a flight attendant, could accept a free transportation pass or discount when such was offered to all spouses of flight attendants without distinction to the official status of the recipient. Consequently, if the pass or discount is provided to the official because of his or her position as a governmental official, the prohibition applies. If it is provided to the official as a member of a larger group that is not related to the functions of his or her office, the prohibition may not be applicable. E. Conflicts upon Leaving Office - the "Revolving Door" Former elected officials and former city managers are restricted from receiving compensation for lobbying their city for one year after they leave public office. This restriction also applies to elected county and district officials and their chief administrative officers or general managers, but not to department directors or other public officials and employees. § 87406.3(a). A violation of the statute constitutes a misdemeanor, and the FPPC is authorized to impose administrative fines and penalties for its violation. § 91000. The type of lobbying subject to the ban includes both formal and informal appearances before a local agency and making any oral or written communication to the agency. The statute proscribes the appearances and communications if they are made to influence administrative or legislative action, or affect the issuance, amendment, awarding or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. § 87406.3(a). The term "administrative actions" within the scope of the lobbying ban includes "the proposal, drafting, development, consideration, amendment, enactment, or defeat by any local government agency of any matter, including any rule, regulation, or other action in any regulatory proceeding, whether quasi -legislative or quasi-judicial." However, matters that are "solely ministerial" are expressly excluded from the Summary of Principal Conflicts of Interest Laws and Regulations Page 41 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations prohibition. § 87406.3(d) (1). The type of "legislative action" within the scope of the ban includes: "the drafting, introduction, modification, enactment, defeat, approval, or veto of any ordinance, amendment, resolution, report, nomination, or other matter by the legislative body of a local government agency or by any committee or subcommittee thereof, or by a member or employee of the legislative body of the local government agency acting in the member or employee's official capacity." § 87406.3(d)(2). The lobbying ban does not apply to any public official who is appearing or communicating on behalf of another local governing body or public agency of which the individual is a board member, officer or employee. § 87406.3(b)(1). Therefore, if such former elected city official or former city manager is contacting his or her city on behalf of the state, a county, a school district or some other governmental entity (in his or her capacity as a board member, officer, or employee), such activity is not precluded by the ban. 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 minimum standard applicable to all cities. F. Laws Prohibiting Bribery A number of state statutes prohibit bribery of public officials. Specifically, it is illegal to give or offer to give a bribe to a public official, or for a public official to ask for, receive, or agree to receive any bribe. Penal Code §§ 67, 68. Under a strict reading of these statutes, Penal Code Section 68 applies to bribery of a "ministerial officer, employee, or appointee," and Penal Code Section 67 applies only to bribery of an "executive officer in this state," but the courts have interpreted both statutes as having a broad scope applicable to public officials generally. People v. Hallner, 43 Cal. 2d 715, 717 (1954) (observing that Penal Code Section 67, despite its wording, is "all inclusive" and includes city officials, and that "[b]y the sixty-seventh section the offense defined is that of one who offers; by the sixty-eighth, that of one who receives a bribe"); People v. Strohl, 57 Cal. App. 3d 347, 360 (1976) ("Numerous California Supreme Court and appellate court decisions since 1954 have held that `executive officers' of various levels of local government, including the county level, as herein involved, come within [Penal Code] Section 67."). The Legislature also expressly made bribery of council members and supervising officials a crime, as well as solicitation of bribes by council members and supervisors. Penal Summary of Principal Conflicts of Interest Laws and Regulations Page 42 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 criminal; merely offering to give or receive a bribe constitutes a violation of law. See, e.g., People v. Pic'I (1982) 31 Cal. 3d 731, 739 (noting that a "meeting of the minds" is unnecessary for a bribery conviction). A public officer forfeits his office if he requests, receives, or agrees to receive a bribe. Penal Code § 68. In addition, every officer convicted of any crime defined in the Penal Code sections pertaining to bribery and corruption is forever disqualified from holding any office in the state. Penal Code § 98. Note also that bribery and soliciting bribery potentially violate not only the Penal Code, but also the conflict of interest statutes. For example, in Terry v. Bender, 143 Cal. App. 2d 198 (1956), a court of appeal held that a council member violated Government Code Section 1090 when he solicited and received a bribe from an attorney in exchange for the council member's vote to employ the attorney with the city. 143 Cal. App. 2d at 207 (observing that by accepting the bribe, the council member "had placed himself in a position of economic servitude" in violation of Section 1090). Because the bribe "restricted the free exercise of the discretion vested in him for the public good," there was an impermissible conflict of interest. G. Campaign Contributions 1. Conflicts of Interests Arising for Elected and Appointed Officials 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. This disqualification provision applies to appointed and local elected officials under new legislation25 that significantly changed the rules regarding campaign contributions to local elected officials.26 As of January 1, 2023, a local elected official cannot: (i) solicit, accept or direct a campaign donation over $250 from a party or a participant involved in a matter presently before the local agency and during the 12 months following the final decision; or (ii) participate in a proceeding 25 Senate Bill ("SB") 1439. 26 The FPPC determined that the disqualification provision under the Levine Act does not apply retroactively to campaign contributions that local elected officials received in 2022. The Act similarly does not apply retroactively to prohibit local elected officials from accepting campaign donations based on proceedings in 2022. Kendrick Advice Letter, No. 0-22-002, 2022 WL (2022). Summary of Principal Conflicts of Interest Laws and Regulations Page 43 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations involving a party or a participant from whom the local elected official accepted over $250 within the preceding 12 months. § 84308. Importantly, in addition to now applying to local elected officials, the restrictions in Government Code Section 84308 still apply to planning commissioners and other officers of a public entity who are not directly elected by the voters. Also, under the new law, an official who receives a prohibited donation may cure the violation depending on when the contribution was received. If a prohibited contribution was received during the 12 months before the final decision, then the contribution may be returned within 30 days from the time the official "knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use." Doing so cures the violation and allows the official to participate in the proceeding. Contributions of more than $250 may not be accepted during the proceeding and there is no "cure" for that violation. An official who unwillingly or unknowingly receives a contribution during the 12 months after the final decision may cure the violation by returning the excess amount "within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest." The official or a controlled campaign committee must also maintain records of curing such violations. § 84308. The Act 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 $590 or more in value during the 12 months prior to the decision. § 87103(c), (e); Regulations 18700, 18940.2. Campaign contributions, however, are not considered a "financial interest" for purposes of this disqualification because they are neither "income" nor a "gift" within the meaning of the statute. §§ 82028(b)(4), 82030(b)(1). This disqualification therefore is not triggered as a result of a council member's receipt of a campaign contribution. 2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to an Official Act Federal corruption laws apply to situations where the receipt of illegal, laundered or unreported campaign contributions are tied to an official act. In one case arising out of the City of San Diego, two council members were charged and convicted of wire fraud for conspiring to change the city's ordinance regulating adult -oriented businesses in exchange for campaign contributions from an adult -oriented business that had been illegally "laundered" through contributions made by residents of the city or which had been unreported and which constituted bribes. See United States v. Inzunza, 303 F. Supp. 2d 1041, 1043 (S.D. Cal. 2004) for a list of the charges; the case was referred to in the press as the San Diego "Strip pergate" case. The charges included the alleged use of wire communications in interstate commerce in furtherance of the alleged conspiracy to defraud the public of their intangible right to honest service, in violation of 18 U.S.C. §§ 1951 (the Hobbs Act) and 1952 (Interstate Transportation in Aid of Summary of Principal Conflicts of Interest Laws and Regulations Page 44 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Racketeering). One of those convictions was later overturned. However, the case points out that direct connections between official acts and illegal or unreported campaign contributions may result in charges of bribery under California law and a violation of certain federal wire fraud and racketeering laws. 3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Same Agency In an effort to avoid local agency public employees being drawn into local political campaigns or having their positions become the subject of political reward or retribution, California law contains a prohibition on the solicitation of campaign contributions by a local agency official or employee of other officials or employees within the same local agency. Section 3205 prohibits an officer or employee of a local agency from soliciting political contributions from an officer or employee of that same local agency. The prohibition applies to incumbents seeking re-election and to non - incumbent candidates for local agency office. An exception exists for broad general public solicitations to a "significant segment of the public" that also include some local agency officials and employees of that agency. § 3205(c). No definition exists as to what constitutes a significant segment of the public. In the context of conflict of interest provisions in the Political Reform Act, that term now is defined to include segments of the local agency population such as 25 percent of all individuals within an official's jurisdiction (Regulation 18703), and, in the absence of any court interpretation of the law, that standard provides some guidance on what may be a sufficiently broad solicitation to come within 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 45 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations members.27 Currently, state law only prohibits such "extended family" interests for the governing boards of school districts. Educ. Code § 35107(e). Under that statute, a school board member must abstain from participating in personnel matters that uniquely affect his or her relative. "Relative" is defined as an adult who is related to the official by blood or affinity within the third degree, or in an adoptive relationship within the third degree. There is no comparable statute for cities and counties, but some local governments have established similar restrictions through ordinances or policies. The issue of familial relations comes up more frequently in the context of personnel decisions, as when a public entity prohibits the hiring of relatives of public officials or employees. Such anti -nepotism policies are generally upheld by the courts. For example, in Parsons v. County of Del Norte, 728 F. 2d 1234 (9th Cir. 1984), the Ninth Circuit upheld a county policy prohibiting spouses from working in the same department. The Ninth Circuit held that the policy did not violate the Equal Protection and Due Process clauses of the U.S. Constitution and was rationally related to a legitimate government interest: avoidance of conflicts of interest and favoritism in employee hiring, supervision and allocation of duties. See also Kimura v. Roberts, 89 Cal. App. 3d 871, 875 (1979) (upholding a policy prohibiting spouses from serving on both the city council and planning commission, reasoning that "the finding of the mayor and the city council that an actual or implied conflict of interest existed, is eminently rational, practical and legally sound"). Note, however, that state law prohibits the application of anti -nepotism rules to spouses in some circumstances. The Fair Employment and Housing Act prohibits an employer from making an employment decision based on whether an employee or applicant has a spouse presently employed, except in two specific situations: • For business reasons of supervision, safety, security or morale, an employer may refuse to place one spouse under the direct supervision of the other spouse. • For business reasons of supervision, security or morale, an employer may refuse to place both spouses in the same department, division or facility if the work involves potential conflicts of interest or other hazards greater for married couples than for other persons. 2 C.C.R. § 1 1057(a) (emphasis added). 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. 27 Davies Advice Letter, No. 1-90-329, 1990 WL 698051 (1990). Summary of Principal Conflicts of Interest Laws and Regulations Page 46 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations III. LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS, HONORARIA AND LOANS The PRA provisions and other conflict of interest laws discussed above do not prohibit a public official from having an interest in a business or real property. Instead, they merely limit the official's ability to participate in governmental decisions that would materially affect those interests. There are additional restrictions in the PRA, however, with regard to certain gifts, honoraria and loans. The statute precludes local officials (including council members and planning commissioners) from receiving certain gifts, honoraria and loans. These prohibitions apply whether or not the source of the gift, honorarium or loan is or will ever be affected by a decision of the official's agency. This section outlines these prohibitions. A. Limitations on Receipt of Gifts 1. General Gift Limitation Government Code Section 89503(a) provides: "No elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall accept gifts from any single source in any calendar year with a total value of more than [$590]." (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 $590 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, 2023, wherein the gift limit increased to $590. Regulation 18940.2. This figure will be further adjusted in future odd -numbered years. Summary of Principal Conflicts of Interest Laws and Regulations Page 47 © 2023 Richards, Watson & Gershon 2765318 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 that must be ultimately used or transferred to have value, 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. Regulation 18942(a) (2). First, an unused gift returned to the donor, the donor's agent, or the donor's intermediary for which the returning party does not receive anything of value in exchange for the returned payment, does not constitute a gift. Regulation 18941 (c) (1). Next, an unused 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, also does not constitute a gift. Regulation 18941 (c) (2). Lastly, a gift fully reimbursed to the donor, agent, or intermediary from the recipient official is not a gift, but a partial reimbursement will result in a reduced gift amount. Regulation 18941 (c)(3). C. Family Gifts A payment from an individual's family member is not considered a gift unless the donor is acting as an agent or intermediary for any other person. The family members included in this exception are a spouse or former spouse, child or step -child, parent, grandparent, grandchild, brother, sister, current or former parent -in-law, current or former brother-in-law, current or former sister-in-law, nephew, niece, aunt, uncle, grand nephew, grand niece, grand aunt, grand uncle, first cousin or first cousin once removed, or the current or former spouse of any such person other than a former in-law. Regulation 18942(a)(3). d. Campaign Contributions Campaign contributions that are reported in accordance with separate provisions of the Act are not considered gifts. Regulation 18942(a)(4). Summary of Principal Conflicts of Interest Laws and Regulations Page 48 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations e. Inherited Money or Property Devises or inheritances of any kind are not considered gifts. Regulation 18942(a)(5). f. Awards A personalized plaque or trophy with an individual value of less than $250 is not a gift. Regulation 18942(a)(6). 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. Regulation 18942.2. 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. A "home" includes a vacation home owned, rented, or leased by the individual for use as his or her residence, including in some cases a timeshare or a motor home or boat owned, rented, or leased by the individual for use as his or her residence. "Home" also includes any facility in which the individual has a right -to -use benefit by his or her home residency, such as a community clubhouse. Regulation 18942.2. 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(a)(7). The cost of providing hospitality must also not include any part of the value or rental cost of the home nor any depreciation value on the home where the hospitality is extended for the exception to apply. Id. 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). Summary of Principal Conflicts of Interest Laws and Regulations Page 49 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations i. Reciprocal Exchanges Reciprocal exchanges made in a social relationship between an official and another individual who is not a lobbyist and with whom the official participates in repeated social events are not gifts where the parties typically rotate payments on a continuing basis so that, over time, each party pays for approximately his or her share of the costs of the continuing activities. The repeated social events may include lunches, dinners, rounds of golf, attendance at entertainment or sporting events, or any other such event so long as the total value of payments received by the official within the year is not substantially disproportionate to the amount paid by the official. If the official receives much more than what he or she paid, the official has received a gift for the excess amount. This exception does not apply to any single payment that is equal to or greater than $590. Regulation 18942(a) (8) (B). j. Leave Credits Donated to an Official Leave credits, including vacation, sick leave, or compensatory time off, donated to an official in accordance with a bona fide catastrophic or similar emergency leave program established by the official's employer are not gifts as long as they are available to all employees in the same job classification or position. This exception does not include donations of cash. Regulation 18942(a) (9). k. Disaster Assistance Payments received under a government agency program or a program established by a 501 (c) (3) organization designed to provide disaster relief or food, shelter, or similar assistance to qualified recipients are not gifts as long as such payments are available to members of the public regardless of official status. Regulation 18942 (a) (10). I. Admission when "Speech" Made Payment of the official's admission by the organizer of an event is exempt from the gift limitations if the official makes a "speech" at the event. Regulation 18942(a)(11). This exemption applies if the official is "making a speech, participating on a panel, or making a substantive formal presentation at a seminar or similar event." Regulation 18950(b) (2). For the purpose of the exemption, the price of admission can include food and "nominal items" including things like pens, stress balls, note pads, etc. Regulation 18942(a) (11). m. Campaign Travel The payments made to an elected officer or candidate for his or her transportation, lodging, or subsistence provided in direct connection with campaign activities, including attendance at political fundraisers, are exempt from the gift limitations. Payments made during the six-month period prior to an election are considered "in direct connection" with the campaign activities if the payment is for necessary transportation, lodging, or subsistence and used for the officer's or candidate's participation in forums, debates or other speaking events or attendance at campaign strategy meetings with staff or consultants. Beyond this six-month period, the payment Summary of Principal Conflicts of Interest Laws and Regulations Page 50 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations is considered a gift unless it is clear from the surrounding circumstances that the payment was made directly in connection with campaign activities. Regulations 18942(a)(12), 18950.3. n. Ticket for Ceremonial Role A ticket which is provided to an official and one guest of the official for his or her admission to an event where the official performs a ceremonial role on behalf of the agency is not a gift, so long as the agency reports the ticket on its Form 802. The term "ceremonial role" means an act performed at an event by the official as a representative of the official's agency at the request of the holder of the event where, for a period of time, the focus of the event is the act performed by the official. Examples include throwing out the first pitch at a baseball game, cutting a ribbon at a library opening, or presenting a certificate or award. A city may adopt specific policies 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). Summary of Principal Conflicts of Interest Laws and Regulations Page 51 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 $590 or greater. Regulation 18942(a) (18) (A). t. Acts of Human Compassion Payments provided to an official or his or her family member by an individual to offset family medical or living expenses that the official can no longer meet without private assistance because of an accident, illness, employment loss, death in the family, or other unexpected calamity are not gifts. Payments provided to an official or his or her family member to defray expenses associated with humanitarian efforts such as the adoption of an orphaned child are also not gifts. However, under this exception, the source of the donation must be an individual who has a prior social relationship with the official of the type where it would be common to provide such assistance (such as a relative, long-term friend, neighbor, co-worker or former co-worker, member of the same local religious or other similar organization, etc.), or the payment must be made without regard to official status under other circumstances in which it would be common to receive community outreach. In any case, the individual providing the benefit to the official cannot be a lobbyist or otherwise have particular interests in the official's role in the agency within 12 months of the payment. Regulation 18942(a) (18) (B). U. Best Friends Forever A payment provided to an official by an individual with whom the official has a long term, close personal friendship unrelated to the official's position with the agency is not a gift. However, the individual providing the benefit to the official cannot be a lobbyist or otherwise have particular interests in the official's role in the agency within 12 months of the payment. Regulation 18942(a)(18)(C). V. Catch -All Any other payment that would otherwise meet the definition of gift is not a gift where the payment is made by an individual who is not a lobbyist and it is clear that the payment was made because of an existing personal or business relationship unrelated to the official's position. Additionally, there can be no evidence whatsoever at the time the payment is made that the official makes or participates in the type of governmental decisions that may have a foreseeable material financial effect on the individual who is the source of the payment. Regulation 18942(a)(19). Summary of Principal Conflicts of Interest Laws and Regulations Page 52 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 4. Gifts to an Agency Regulation 18944 provides a narrow exception to the normal gift reporting requirements and value limitations for gifts made directly to a public agency. A payment made to a state or local government agency that is used for official agency business is not considered a gift or income to an individual public official who is the end recipient, even though the official receives an incidental personal benefit from the payment. As such, the gift does not have to be reported by the individual and is not subject to the annual value limitation. A payment shall be considered a gift to the public official's agency and not a gift to the public official if all of the following requirements are met: the payment must be used for official agency business; the agency head must determine and control the agency's use of the payment, including the selection of the official who will use the payment; and the agency must report the payment on a Form 801. The Form 801, which must be signed by the agency head and maintained as a public record in 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. Summary of Principal Conflicts of Interest Laws and Regulations Page 53 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Regulation 18943 adds definitions for an official's "family member," which includes an official's spouse or registered domestic partner, a dependent child, and an official's child. "Dependent child" means a child (including an adoptive child or stepchild) of a public official who is under 18 years old and whom the official is entitled to claim as a dependent on his or her federal tax return. Regulation 18229.1. An "official's child" (including an adoptive child or stepchild) means a child who meets all of the following criteria: • The child is at least 18 but no more than 23 years old and is a full-time or part-time student; • The child has the same principal residence as the official. For purposes of this provision, a place, located away from the official's residence, at which the child resides for the purpose of attending school is not the child's "principal place of residence"; and • The child does not provide more than one-half of his or her own support. Gifts to Both an Official and One or More Family Members. A single gift to both an official and one or more members of the official's family is a gift to the official for the full value of the gift. See "Wedding Gifts" section below for a particular exception to this rule. Gifts Solely to Family Members. A gift given solely to a member of an official's family is a gift to the official, when there is no established working, social, or similar relationship between the donor and the official's family member that would suggest an appropriate association for making such a payment. A gift given to a member of an official's family is also a gift to the official if there is evidence to suggest the donor had a purpose to influence the official, such as when: • The donor is a lobbyist, lobbying firm, lobbyist employer, or other similar person and is registered to lobby the official's state agency; • The donor is involved in an action or decision before the local or state government agency in which the official will reasonably foreseeably participate, or in an action in which he or she has participated within the last 12 months; or • The donor has a contract with the official's agency or the donor engages in a business that regularly seeks contracts with, or licenses, permits or other entitlements from, and the official may reasonably foreseeably make or participate in such a decision or has participated in such a decision within 12 months of the time the gift is made, unless the donor has less than 10 percent interest in the business contracting with or appearing before the agency. Summary of Principal Conflicts of Interest Laws and Regulations Page 54 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 6. Invitation -Only Events When an official and one of his or her guests attends an invitation -only event such as a banquet, party, gala, celebration, or other similar function, other than a nonprofit or political fundraiser as set forth in Regulation 18946.4, the value received is the official's and the guest's pro-rata share of the cost of the food, catering services, entertainment, and any item provided to the official and guest that is available to all guests attending the event. Regulation 18946.2(b). A calculation of the pro-rata share means the total cost of the list expenses above, divided by the number of acceptances or the number of attendees at the event. Any other specific benefit provided to the official and guest at the event, such as golf green fees, is valued at fair market value. Regulation 18946.2(b). a. Official or Ceremonial Functions When an official performs an official or ceremonial function at an invitation -only event in which the official is invited to participate by the event's sponsor or organizer to perform an official or ceremonial function, the value received is the pro-rata cost of any meal provided to the official and guest, plus the value of any specific item that is presented to the official and his or her guest at the event. Regulation 18946.2(d). b. Drop -In Visit Except for an event sponsored by a lobbyist, lobbying firm, or lobbyist employer, if an official attends an invitation -only event and does not stay for any meal or entertainment otherwise provided at the event, receiving only minimal appetizers or drinks, the value of the gift received is the value of any specific item, other than food, that is presented to the official and his or her guest at the event. For purposes of this regulation, "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18946.2(e). C. Lobbyists, Lobbying Firms, and Lobbyist Employers Where an official attends an invitation -only event sponsored by a lobbyist, lobbying firm, or lobbyist employer, the value of the gift is the pro-rata share of the cost of the event. Regulation 18946.2(b), 18640. If the official notifies the lobbyist, lobbying firm, or lobbyist employer that the official attended the event but that he or she did not stay for any meal or entertainment, receiving only minimal appetizers and drinks, the value of the gift received is the value of any specific item (other than food) that is presented to the official and the official's guest at the event. Regulation 18640(b). Again, the term "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18640. 7. Tickets to Political and Charitable Fundraisers Regulation 18946.4 provides special rules for tickets provided to public officials to fundraisers for nonprofit and political organizations. Such tickets are not considered Summary of Principal Conflicts of Interest Laws and Regulations Page 55 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations gifts to a public official if certain requirements are met. This exception applies only to two tickets provided to an official, and only if it is provided directly by the charity or campaign committee; additional tickets are treated as gifts. The requirements vary depending on whether the organization is a 501 (c) (3) nonprofit, a non-501(c) (3) nonprofit, or a political organization. a. Non-501(c)(3) Nonprofit Fundraiser Regulation 18946.4(a) provides that a ticket to a fundraising event for a nonprofit, tax- exempt organization that is neither a political campaign committee nor a 501 (c) (3) nonprofit shall be valued as follows: • Where the ticket to the fundraiser clearly states that a portion of the ticket price is a donation to the organization, or the organization provides information indicating the portion of the admission price that constitutes the donation, then the value of the gift is the face value of the ticket or admission reduced by the amount of the donation - i.e., the "nondeductible portion" of the price of admission. • 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) Summary of Principal Conflicts of Interest Laws and Regulations Page 56 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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. § 82013. 8. Tickets or Passes to Events Given to Officials by their Agency a. Gift Exception FPPC Regulation 18944.1 provides that a ticket or pass to an event or function provided to an official by his or her agency and distributed and used in accordance with a written policy adopted by the agency is not a gift under the Political Reform Act if: (1) the ticket or pass is not earmarked by an outside source for use by a specific agency official; (2) the agency determines, in its sole discretion, who uses the ticket or pass; (3) the distribution of the ticket or pass is reported on Form 802 as described below; and (4) the distribution of the ticket or pass by the agency is made in accordance with a written policy adopted by the agency that meets all of the requirements as described below. Regulation 18944.1 (a). • Application: FPPC Regulation 18944.1 applies only to the benefits the official receives from a ticket or pass to an event or function that are provided to all members of the public with the same class of ticket or pass, when the ticket or pass is provided by an agency to an official of the agency, or at the behest of an agency official. The regulation does not apply to: (1) an admission to an event or function in which the official performs a ceremonial role; or, (2) admission provided to a school, college or university district official, coach, athletic director or employee to attend an amateur event performed by students, which are neither gifts nor income. Regulation 18944.1 (f). b. Written Policy for Distribution of Tickets. • Policy Requirements: The distribution of tickets and passes described above must be made pursuant to a written policy duly adopted by the agency's legislative or governing body that must contain the following: (1) a provision setting forth the public purposes of the agency for which tickets or passes may be distributed; (2) a provision requiring that the distribution of any ticket or pass to, or at the behest of, an official accomplish a stated public purpose of the agency; (3) a provision prohibiting the transfer of any ticket received by an agency official, except to his or her immediate family or no more than one guest solely for their attendance at the event; and (4) a provision prohibiting the disproportionate use of tickets or passes by a member of the governing body, chief administrative officer, political appointee, or department head. Regulation 18944.1 (b). • Public Purpose: The agency's legislative or governing body must determine whether the distribution of tickets or passes serves a legitimate public purpose of the agency, consistent with state law. Tickets or passes Summary of Principal Conflicts of Interest Laws and Regulations Page 57 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations given to officials (other than a member of the governing body, chief administrative officer, political appointee or department head) to support general employee morale, retention or to reward public service is deemed to have a public purpose. Regulation 18944.1 (e). • Public Record: The policy must be maintained as a public record, subject to inspection and copying. The agency must post the policy on the agency website within 30 days of adoption or amendment and send to the FPPC, by email, the agency's website link that displays the policy for posting on the FPPC's website. Regulation 18944.1 (c). C. Form 802 for Reporting Distribution of Tickets and Passes. Within 45 days of distributing a ticket or pass, the head of the agency must fill out and certify a Form 802 describing the distribution of tickets or passes to an official. The Form 802 requires: (1) the name of the official who received the ticket or pass, (2) a description and date of the event, (3) the fair value of each ticket or pass, (4) the number of tickets or passes distributed to the official, (5) if the ticket or pass is behested, the name of the official who behested the ticket, (6) if the official gave the ticket or pass to another person (limited to an immediate family member or no more than one guest), the name of that person, (7) the specific public purpose under which the distribution was made, and (8) a written inspection report of findings and recommendations by the official who received the ticket or pass if it was received for the oversight or inspection of facilities. This form must be maintained as a public record, subject to inspection and copying. The agency must post the form, or a summary of its contents, on its website and send the FPPC, by email, the agency's website link for posting on the FPPC's website. Regulation 18944.1 (d). d. Other Exceptions. • Reimbursement. The ticket or pass is not considered a gift if the official reimburses the agency for the ticket within 30 days of receipt. Regulation 18944.1 (h). • Treated as Income. The ticket or pass is not considered a gift if the official treats the ticket or pass as taxable income. Regulation 18944.1(g). 9. Gifts from a Government Agency to an Official in That Agency A payment by an agency that provides food, beverage, entertainment, goods or services of more than a nominal value to an official in that agency is a gift to that official, unless the payment is a "lawful expenditure of public moneys." Regulation 18944.3. Several commentators have questioned the need or usefulness of this regulation because a public agency is already prohibited from making a payment that is not a "lawful expenditure of public moneys." Boiled down, the regulation states that it is illegal for an agency to give a gift unless the gift is legal. Until the FPPC issues some Summary of Principal Conflicts of Interest Laws and Regulations Page 58 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 $590. Regulation 18942(b) (2). 11. Certain Gifts of Travel Payments for travel for a public official are generally subject to the annual gift limit, unless the payment is otherwise exempt. FPPC regulations define a "payment for travel" as "any payment that provides transportation to an official from one location to another location as well as a payment for lodging and food connected with the travel." Regulation 18950(b). For reporting purposes, payments of air travel are valued in accordance with FPPC regulation 18946.5, as follows. Air travel is valued as the price the carrier charges the public for the same class seat on the flight provided to the official in the case of a commercial flight. The value of all other air transportation is the value of the normal and usual charter fare or rental charge for a comparable airplane of comparable size, divided by the number of passengers aboard the flight. Exceptions for certain gifts of travel are found in both the Act and the FPPC regulations, which are discussed below. Public officials should review these exceptions closely and consult with the agency's legal counsel before relying on them. a. Travel Payments Related to Speeches that Serve a Governmental Purpose Section 89506(a)(1) exempts from the gift limit any payments, advances, or reimbursements for travel that are reasonably related to a legislative or governmental purpose or issue of public policy if made in connection with a speech given by the official in the U.S. § 89506(a)(1); Regulation 18950(b). These types of payments for travel are not subject to the gift limit, but they must still be reported on a public official's Form 700. § 89506(a)(1); Regulation 18950(a). b. Travel Payments Related to a Governmental Purpose Made by Government Agencies and Certain Non -Profits Section 89506(a)(2) exempts from the gift limit any payments, advances, and reimbursements for travel that are reasonably related to a legislative or governmental purpose or issue of public policy if provided by a governmental agency, a 501 (c) (3) Summary of Principal Conflicts of Interest Laws and Regulations Page 59 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations nonprofit,28 and a few other limited organizations/persons. § 89506(a) (2). These types of payments for travel are generally not subject to the gift limit, but they must still be reported on a public official's Form 700. § 89506(a)(2); Regulation 18950(a). However, Section 89506(f)(3) now clarifies that if a nonprofit is acting as an intermediary or agent of a donor, then the $590 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-Agency Purposes Any payment for travel and per diem expenses received from a state, local, or federal agency is not a gift or income if used by the official for "education, training, or other inter -agency programs or purposes." Regulation 18950(c) (2). d. Travel in a Vehicle or Plane Owned by Another Official or Agency Regulation 18950(c) (3) provides that "transportation provided to an official in a vehicle or aircraft owned by another official or agency when each official is traveling to or from the same location for an event as a representative of their respective offices" does not constitute a "payment" and therefore does not count as a gift. Regulation 18950(c) (3). e. Travel Made in Conjunction with Official Agency Business Regulation 18950.1 provides an exception for travel payments that do not confer a personal benefit on an official, when made by sources other than local, state, or federal agencies, are for the purpose of facilitating the public's business, and are therefore not gifts or income because the payment is made for an official agency purpose in lieu of using agency funds. This exemption applies only to travel payments that meet all of the following requirements: (1) The payment is made directly to or coordinated with the government employer and not made to the employee using the travel; (2) The payment is used for official agency business; (3) The government employer determines which official will use the payment for travel; (4) The payment provides no personal benefit to the official who uses the payment; 28 With respect to nonprofit organizations that regularly organize and host travel for elected officials and that make payments, advances, or reimbursements totaling more than $10,000 in a calendar year or $5,000 to an individual person, the Act now requires the nonprofits to disclose the names of donors responsible for funding the travel costs. § 89506(f). An organization "regularly organizes and hosts travel" if the organization's expenses for travel, study tours, or conferences constitutes more than one third of its total expenses. Id. In that case, the nonprofit must disclose the names of donors who contributed $1,000 or more to the nonprofit organization and who accompanied the elected official, either in person or through an agent, for any portion of the travel. § 89506(f). Summary of Principal Conflicts of Interest Laws and Regulations Page 60 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations (5) The duration of travel is limited to that necessary to accomplish the purposes for which the travel was provided; and (6) The government employer reports the payment, as specified below. The first requirement above - that the payment is made directly to or coordinated with the government employer - is satisfied if the payment is made directly to the government employer or by arranging with the government employer any payments for transportation and lodging that are made directly to the provider of those services. Food may be accepted for attendance at an event where food is provided as part of the admission to the event. All other payments for food must be made to the government employer pursuant to the employer's per diem travel policy. Regulation 18950.1 (b). The second requirement above - that the payment be used for official agency business - is satisfied under any of the following circumstances: • The payment is made pursuant to a provision in a contract requiring the contracting party to pay any expenses associated with any required governmental travel resulting from the government agency's participation in the contract and the payment is used for that purpose; • The payment is made for the travel expenses of an official for the purpose of performing a regulatory inspection or auditing function that the governmental employer is mandated to perform; • The payment is made for the travel expenses of an official and the official is attending solely for purposes of providing training or educational information directly related to the governmental employer's functions or duties under the laws that it administers for individuals who are affected by those laws, and the payment is made by an organization to provide such training for its members; • The payment is made for the travel expenses of an official to an educational conference directly related to the governmental employer's functions or duties under the laws that it administers, the official is a named presenter at the conference, and the payment is made by the organizers of the event; • The payment is made for the travel expenses of an official for the purpose of receiving training directly related to the official's job duties and the payment is provided by an organization that commonly provides such training; • The payment is made for food provided to all attendees at a working group meeting in which the agency official participates as a representative of his or her agency in a working group meeting under his Summary of Principal Conflicts of Interest Laws and Regulations Page 61 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations or her officially assigned job duties and the agency is authorized to provide an official to attend the meeting; or • The payment is for travel expenses that are required to attend a location to view an in place operation, structure, facility, or available product where the viewing would substantially enhance an official's knowledge and understanding in making an informed decision to enter into a contract regarding a similar operation, structure, facility or purchase of the product pursuant to the jurisdictional authority of the official's governmental employer. Regulation 18950.1 (c). The third requirement is satisfied if the governmental employer selects the official who will make use of the payment. However, if the payment is for expenses related to an oral presentation to either provide training on a subject on which the governmental employer provides training, or discuss policy and direction in implementing the functions of the governmental employer, the donor may request the official who is most qualified to make the presentation. Regulation 18950.1(d). The fourth requirement above - that the payment of travel does not provide a personal benefit to the official - is satisfied under Regulation 18950.1(e) if both of the following requirements are met: • The travel is for purposes approved by the governmental employer under the same requirements applicable to travel using its own funds, and the official is representing his or her governmental employer in the course and scope of his or her official duties; and • Travel expenses are limited to no more than the expenses allowable for travel for agency business that would reasonably be paid at agency expense. The latter requirement does not apply to either of the following: • Payment for food where food is provided as part of the admission to the event. Otherwise, any payments for food must be made to the government employer pursuant to the employer's per diem travel policy. Regulation 18950.1 (b). • Payment for any lodging or food if the lodging and food is provided at a site where the official attends a widely attended meeting or conference and the value is substantially equivalent in value to the lodging or food typically made available to the other attendees. Regulation 18950.1 (g). The sixth requirement above - that the payment is reported - is satisfied by the agency reporting the payment on a quarterly basis on a form prescribed by the FPPC. Regulation 18950.1 (f). All such forms must be maintained as a public record and subject to inspection and copying under Government Code Section 81008, and posted on the agency's website, if it has one. Summary of Principal Conflicts of Interest Laws and Regulations Page 62 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations f. Travel in Connection with Bona Fide Business The FPPC regulations reiterate the general rule in Government Code Section 89506(d)(3), whereby a payment for transportation, lodging, or food, made in connection with a bona fide business, trade, or profession, and which satisfies the criteria for federal income tax deductions for business expenses specified in Internal Revenue Code Sections 162 and 274, is not an honorarium or gift, unless the sole or predominant activity of the business, trade, or profession is making speeches. Regulation 18950.2. g. Travel Paid from Campaign Funds A payment made to an official who is a candidate to cover his or her transportation, lodging or food, in connection with campaign activities, is a contribution to the campaign committee of that official. Regulation 18950.3(a). A payment made to an official by or at the behest of a committee for the official's actual travel expenses (including food and lodging), or for other actual and allowable campaign expenses, is neither income nor a gift to the official so long as the expenses are reportable by the committee under the relevant sections of the Political Reform Act (Government Code Sections 84100 et seq.) or applicable federal law. Regulation 18950.3(b). Any other payment for travel from a committee to an official that is not covered by Regulation 18950.3(a) and (b) described above is considered income or a gift. Regulation 18950.3. 12. Lobbyists Arranging Gifts A lobbyist or lobbying firm may not make gifts29 to one person aggregating more than ten dollars ($10) in a calendar month, act as an agent or intermediary in the making of any gift, or arrange for the making of any gift by any other person. § 86203. It is likewise unlawful for any person to knowingly receive any such prohibited gift. § 86204. A lobbyist "arranges for the making of a gift" within the meaning of Government Code Section 86203 if the lobbyist does any of the following either directly or through an agent: • Delivers a gift to the recipient. • Acts as the representative of the donor, if the donor is not present at the occasion of a gift, excepting a situation where the lobbyist accompanies the recipient to an event where the donor will be present. • Invites or sends an invitation to an intended recipient regarding the occasion of a gift. • Solicits responses from an intended recipient concerning the lobbyist's attendance or nonattendance at the occasion of a gift. 29 Government Code Section 86201 provides that a "gift" for purposes of this section is a "gift made directly or indirectly to any state candidate, elected state officer, or legislative official, or to an agency official of any agency required to be listed on the registration statement of the lobbying firm or the lobbyist employer of the lobbyist." Summary of Principal Conflicts of Interest Laws and Regulations Page 63 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Is the donor's designated representative to receive responses from an intended recipient concerning the lobbyist's attendance or nonattendance at the occasion of a gift. • Acts as an intermediary in connection with the reimbursement of a recipient's expenses. Regulation 18624. On the other hand, a lobbyist does not "arrange for the making of a gift" if the lobbyist, either directly or through an agent, solely recommends or provides information to the lobbyist's employer, "including information obtained from a third party for that purpose," regarding gifts to a public official. Id. 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). Summary of Principal Conflicts of Interest Laws and Regulations Page 64 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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). e. Personalized Plague or Trophy "Honorarium" does not include a personalized plaque or trophy with an individual value of less than $250. Regulation 18932.4(d). f. Admission and Incidentals at Place of Speech "Honorarium" does not include free admission, refreshments and similar non -cash nominal benefits provided to an official during the entire event at which the official gives a speech, participates in a panel or seminar, or provides a similar service, and actual intrastate transportation and any necessary lodging and subsistence provided directly in connection with the speech, panel, seminar, or service, including but not limited to meals and beverages on the day of the activity. Regulation 18932.4(e). g. Incidentals at Private Conference Likewise, "honorarium" does not include any of the following items, when provided to an individual who attends any public or private conference, convention, meeting, social event, meal, or like gathering without providing any substantive service: • Benefits, other than cash, provided at the conference, convention, meeting, social event, meal, or gathering; or • Free admission and food or beverages provided at the conference, convention, meeting, social event, meal, or gathering. However, the foregoing may be reportable as gifts. Regulation 18932.4(f). h. Travel that Is Exempt from Giffs Any payment made for transportation, lodging, and subsistence that is exempt by the gift exceptions listed in Section 89506 and Regulation 18950 et seq. also does not constitute an honorarium. Regulation 18932.4(g). Summary of Principal Conflicts of Interest Laws and Regulations Page 65 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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). 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 (a). 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. Regulation 18730. • Loans received by an elected officer's or candidate's campaign committee. § 87461 (b) (1). • 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. § 87461 (b) (2) • Loans made, or offered in writing, prior to January 1, 1998. § 87461 (b) (3) Summary of Principal Conflicts of Interest Laws and Regulations Page 66 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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. 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(b). Summary of Principal Conflicts of Interest Laws and Regulations Page 67 © 2023 Richards, Watson & Gershon 2765318 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, 89002.30 A "mass mailing" is defined as the mailing or distribution at public expense of 200 or more items within a calendar month featuring the name, office, photograph or other reference to an elected officer of the agency. § 82041.5. The Government Code also prohibits a mass mailing from being sent within the 60 days preceding an election by or on behalf of a candidate whose name appears on the ballot. § 89003. The underlying intent of the Government Code provision and the implementing FPPC Regulation is to preclude elected officials from using public agency newsletters as indirect campaign flyers for themselves. The law and regulations are intended to clamp down on prior abuses of newsletters so that elected officials cannot use publicly funded newsletters to bolster their name or accomplishments while in office. A. Test for Prohibited Mass Mailing The FPPC regulations previously included a four prong test to determine the legality of mass mailings. Under the statutory text, which now incorporates the requirements from the prior regulation, a mass mailing is prohibited if each of the following elements is present: • It includes the delivery of a tangible item; It "features" an elected officer, or includes a reference to, an elected officer and is sent in cooperation with the elected officer; • It is sent at public expense; and A quantity of more than 200 substantially similar items are sent in a single calendar month. § 89002. Most public agencies that publish newsletters attempt to avoid the prohibition by ensuring that the newsletter does not meet the second element of the test. Each of the four elements is discussed in numerical order below. 1. Delivery of Tangible Item First, a court will determine whether any "item sent is delivered, by any means, to the recipient at the recipient's 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. 30 Section 89002 incorporates Regulation 18901 into the statutory language to clarify the circumstances when a mailing would be prohibited by the general rule in Section 89001 and to identify certain situations when the prohibition would not apply. The FPPC has repealed Regulation 18901 now that the statute includes the same text. Summary of Principal Conflicts of Interest Laws and Regulations Page 68 © 2023 Richards, Watson & Gershon 2765318 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 the elected officer's name or office in the layout of the document, such as by headlines, captions, type size, type face, or type color." § 89002(c)(2). And the term "elected officer affiliated with the agency" in this manner means "an elected officer who is a member, officer, or employee of the agency, or of a subunit thereof such as a committee, or who has supervisory control over the agency or appoints one or more members of the agency." § 89002(c)(1). This means that if the written document includes the photograph of a council member, even if it just shows the council member cutting a ribbon on a civic project or giving out a plaque to a member of the community, this element would be satisfied. It also precludes articles about an elected city official or articles in which they are "singled out" for discussion or reference. The other way this second part of the mass mailing test can be satisfied is if an elected city official's "name, office, photograph, or other reference" is included in a written document and the document, or any part of it "is prepared or sent in cooperation, consultation, coordination, or concert with the elected officer." This restriction presents elected officials with a choice. If the elected official involves him or herself in the preparation of the document, then even the official's name is excluded from appearing in the document pursuant to this second subpart. If, on the other hand, the elected official does not involve him or herself in the preparation of the document, his or her name may appear in the document, but not in a way that it is "featured" by way of headlines, captions, type size, type face, or type color. 3. Public Expense The third part of the test is whether: • Any of the costs of distribution are paid for with public money, or • Costs of design, production, and printing exceeding $50 are paid with public money, and the design, production, or printing is done with the intent of sending the item other than as permitted by the statute. Summary of Principal Conflicts of Interest Laws and Regulations Page 69 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations § 89002(a)(3). This part of the test precludes the city from either paying the costs of mailing a mass mailing, or paying more than $50 of the cost of having it produced if another person or entity pays for the cost of distributing the mailing. 4. More than 200 Copies of the Item The fourth and final element of the test to determine whether a mass mailing is prohibited is whether "[m]ore than 200 substantially similar items are sent in a single calendar month, excluding any item sent in response to an unsolicited request...." § 89002(a)(4). This means that if more than 200 copies of the same written document, such as a city newsletter, are sent to the public in the same month, this element will be satisfied, with minor exceptions discussed below. A city newsletter is particularly prone to violating the mass mailing proscriptions, especially the first, third and fourth elements of the test. The key to a lawful newsletter is to ensure that each issue of the newsletter fully avoids meeting the criteria of the second element of the test. This means that the newsletter cannot "feature" an elected city official and cannot include an elected official's name or reference if that official participates in the preparation of the newsletter, as discussed above. For example, many cities issue proclamations and awards at council meetings, and it is customary for an honoree to be photographed with the mayor. In order to comply with the mass mailing restrictions, the cities take two photographs: one of the honoree shaking the mayor's hand, for distribution to non -city publications such as a local newspaper, and one of the honoree standing alone, for publication in the city newsletter. B. Exceptions to the Mass Mailing Prohibition The statute now contains a list of certain types of documents that are exempt from the prohibition of mass mailings. The first of these documents is a letter on city letterhead where the elected official's name only appears in the letterhead along with a list of all other elected officers of the city and the letter does not contain other references to the elected official. § 89002(b)(1). Under this exemption, a non -elected official, such as the city manager, may send a letter on city letterhead at city expense to members of the community but an elected officer, such as the mayor, cannot do the same because the signature on the letter will be considered a separate reference to the elected official. If a letter signed by the mayor is to be sent to the community, a private individual or group would have to pay for the cost of producing and sending that letter. Other exemptions include press releases to the media, inter -agency communications, intra-agency communications, tax statements and bills, telephone directories, limited meeting or event announcements, and meeting agendas. § 89002(b). All of these items are subject to their own specific limitations, as set forth in the statutory text. Summary of Principal Conflicts of Interest Laws and Regulations Page 70 © 2023 Richards, Watson & Gershon 2765318 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." Id. at 209-210. 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 221-222. The Stanson test was reaffirmed by the California Supreme Court in Vargas v. City of Salinas, 46 Cal. 4th 1 (2009). Prior to Vargas, courts attempting to interpret and apply Stanson used varying tests to determine the permissibility of expenditures. For example, in California Common Cause v. Duffy, an appellate court held that a local sheriff's use of public facilities and personnel to distribute postcards critical of then -Supreme Court Justice Rose Bird was "political" and not "informational" as permitted by Stanson because the cards presented only one side of Justice Bird's fitness to be retained in office. 200 Cal. App. 3d 730, 747-748 (1987). In another appellate decision, Schroeder v. City Council of Irvine, the court 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 favor of the Summary of Principal Conflicts of Interest Laws and Regulations Page 71 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations proposed ballot measure, the materials it distributed did not advocate any particular vote on the measure and rarely mentioned the measure at all. The Schroeder court held that the funds spent on the Vote 2000 Program would be political expenditures and unlawful under Stanson only if the communications expressly advocated, or taken as a whole unambiguously urged, the passage or defeat of the measure. Because the city presented a neutral position on "Measure F," at least in the campaign materials, the court upheld the program as valid. However, in Vargas v. City of Salinas, the California Supreme Court decided that "express advocacy" is an insufficient standard. In Vargas, proponents of a local ballot initiative to repeal the city's utility users tax ("Measure O") sued the city alleging improper government expenditures, the court held that even if a communication does not expressly advocate for either side of an issue, a Stanson analysis must nonetheless be conducted to determine whether the activity was for informational or campaigning purposes based on its style, tenor, and timing. Although the court did not specifically refer to the Schroeder analysis in its opinion, the court clearly stated that the "express advocacy" standard does not meaningfully address potential constitutional problems arising from the use of public funds for campaign activities that were identified in Stanson. Thus, local governments must look to Vargas rather than Schroeder for the proper standard to evaluate whether an expenditure is permissible. A variety of factors led to the Vargas court's conclusion that the communications were informational, including the fact that the publications avoided argumentative or inflammatory rhetoric and did not urge citizens to vote in a particular manner. The challenged expenditures were made pursuant to general appropriations in the city's regular annual budget pertaining to the maintenance of the city's website, the publication of the city's regular quarterly newsletter, and the ordinary provision of information to the public regarding the city's operations. The Supreme Court found that in posting on the city's website the minutes of city council meetings relating to the council's action along with reports prepared by various municipal departments and presented by officials at city council meetings, the city engaged in informational rather than campaign activity. Similarly, the city did not engage in campaign activity in producing a one -page document listing the program reductions that the city council voted to implement should Measure O be approved, or in making copies of the document available to the public at the city clerk's office and public libraries. The court reasoned that viewed from the perspective of an objective observer, the document clearly constituted an informational statement that merely advised the public of specific plans that the city council voted to implement should Measure O be approved. Finally, the court found that the city engaged in permissible informational activity by mailing to city residents the fall 2002 "City Round -Up" newsletter containing articles describing proposed reductions in city services. Although under some circumstances the mailing of material relating to a ballot measure to a large number of voters shortly before an upcoming election would constitute campaign activity, a number of factors supported the court's conclusion that the mailing of the newsletter constituted informational rather than campaign activity: it was a regular edition of the newsletter that was mailed to all city residents as a general practice, the style and tenor of the Summary of Principal Conflicts of Interest Laws and Regulations Page 72 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations publication was entirely consistent with an ordinary municipal newsletter and readily distinguishable from traditional campaign material, and the article provided residents with important information about the tax in an objective and nonpartisan manner. The Supreme Court illustrated the insufficiency of the "express advocacy" standard by suggesting that if the city were to post billboards throughout the city prior to an election stating, "IF MEASURE O IS APPROVED, SIX RECREATION CENTERS, THE MUNICIPAL POOL, AND TWO LIBRARIES WILL CLOSE," it would defy common sense to suggest that the city had not engaged in campaign activity even though such advertisements would not have violated the express advocacy standard. Vargas v. City of Salinas, 46 Cal. 4th 1, 32 (2009). Vargas and Stanson reflect that local agencies must exercise caution when communicating to voters about local measures. Unfortunately, there is no hard and fast rule to assist public officials in distinguishing improper partisan campaign expenditures from permissible expenditures for "informational activities." Whether a communication is permissible will be based on a combination of these factors, and public officials should therefore seek the advice of the city attorney on a case -by -case basis. Assistance may also be obtained from the FPPC. Last, public officials should also be aware of a fairly new mass mailing rule that regulates communications pertaining to candidates and ballot measures. In 2009, the FPPC adopted a new regulation to prohibit government agencies from paying for mass mailings that expressly advocate or "unambiguously urge" a particular result in an election. Regulation 18901.1 prohibits a mailing if all of the following criteria are met: • A delivery of a tangible item such as a written document, video tape, record, or button and is delivered to the recipient at his or her residence, place of employment or business, or post office box; • The item sent expressly advocates or unambiguously urges a particular result in an election; • The public agency (1) pays to distribute the item or (2) pays costs, exceeding $50, reasonably related to designing, producing, printing or formulating the content of the item including, but not limited to, payments for polling or research and payments for the salary, expenses, or fees of the agency's employees, agents, vendors, or consultants with the intention of sending the item; and • More than 200 substantially similar items are sent during the course of the election including items sent during the qualification drive or in anticipation of an upcoming election. A mailing "unambiguously urges a particular result in an election" if the communication can be reasonably characterized as campaign material or activity and is not a fair presentation of facts serving only an informational purpose when taking into account the style, tenor, and timing of the communication. Summary of Principal Conflicts of Interest Laws and Regulations Page 73 © 2023 Richards, Watson & Gershon 2765318 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. Regulation 18901.1 (b). Essentially, this regulation utilizes the standards articulated by the Supreme Court in the Vargas case and provides that communications that violate those standards are prohibited mass mailings. Summary of Principal Conflicts of Interest Laws and Regulations Page 74 © 2023 Richards, Watson & Gershon 2765318 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, "the benefit to the [government] from an expenditure for a 'public purpose' is in the nature of consideration and the 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 a private purpose." City of 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, it 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 or in furtherance of a state statute, courts will defer to the state legislature in determining whether a public purpose exists. Summary of Principal Conflicts of Interest Laws and Regulations Page 75 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations VII. CONCLUSION More often than not, determining the application of conflicts of interest laws in particular circumstances requires complicated analysis. Because the consequences for a violation of these laws can be very serious, it is important that potential conflicts be identified as soon as possible to ensure that the appropriate analysis can be performed. To that end, we recommend that public agency staff prepare maps of council member residences and other real property interests (and those of other public officials, such as planning commissioners) so that such officials may be alerted to projects that are located within 500 and 1,000 feet of their real property interests. Even though the materiality standards for real property interests have changed over the years, this is still an important starting point for a conflicts analysis. We encourage all public officials to keep in mind that it is the individual responsibility of each public official to determine whether he or she has a conflict in a particular decision. We encourage officials and staff to seek advice from the city attorney when in doubt about a conflicts of interest issue. Because only a formal, written opinion from the FPPC can immunize someone from prosecution, we strongly encourage officials and staff to seek advice from the city attorney as early as possible, so that, if necessary, the public agency may request a formal opinion from the FPPC prior to any participation in a decision where a public official may have a conflict. In addition, the Legislature has enacted a statute that requires public officials to take at least two hours of ethics training every two years if the local agency provides that official with any type of compensation, salary, or stipend or provides reimbursement for necessary and reasonable expenses incurred by that official in the performance of his or her official duties. § 53235(a). Ethics training would also be required of any employee designated by the local agency to receive such training. § 53234(c). Please seek advice from the city attorney regarding further details about ethics training. Summary of Principal Conflicts of Interest Laws and Regulations Page 76 © 2023 Richards, Watson & Gershon 2765318 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los Angeles, San Francisco, Orange County, Temecula, the Central Coast, and Sacramento our dedicated team of experts provides the full -scope of public law services. We are the lawyers of choice for clients who seek reliable, efficient, and effective legal counsel. Richards, Watson & Gershon serves as city attorney, special counsel and general counsel to clients of all sizes and demographics. Our attorneys are proficient in areas of law only found in a firm with substantial experience in public agency representation. Local governments count on us for help with their most complex problems. Specialties Include: Administrative Law Airports, Rail & Transit Brown Act Cannabis CEQA Coastal Act Code Enforcement Conflicts of Interest Construction & Public Works Elections Eminent Domain Environment & Natural Resources Housing Labor & Employment Land Use & Planning Litigation Police Practices Public Finance Public Records Act Real Estate & Leasing Rent Control Subdivisions & Zoning Taxes, Fees & Assessments Telecommunications Solid Waste Stormwater Compliance Water Rights & Water Law Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Approve Annual Boards, Committees and Commissions Handbook for the 2024 Calendar Year PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE BOARDS, COMMITTEES AND COMMISSIONS HANDBOOK BACKGROUND: The City Council first approved the Boards, Committees and Commissions Handbook on February 26, 1991. The handbook is amended periodically to reflect noteworthy changes in law, current practices and procedures, and the general role and authority of board, committee and commission members. The handbook is also brought to the City Council annually at the beginning of each year ensuring that the document remains current while providing the City Council with an opportunity to consider any additional changes that may be desired. The 2024 Boards, Committees and Commissions Handbook will be distributed electronically to the City Council, Board, Committee and Commission Members and staff after final approval by the City Council. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution 2. Boards, Committees and Commissions Handbook RESOLUTION NO.2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE BOARDS, COMMITTEES AND COMMISSIONS HANDBOOK THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council first approved the Boards, Committees and Commissions Handbook (handbook) on February 26, 1991. Section 2. The handbook is amended periodically to reflect noteworthy changes in law, current practices and procedures, and the general role and authority of board, committee and commission members. Section 3. The handbook is brought to the City Council annually at the beginning of each year to ensure that the document remains current while providing the City Council with an opportunity to consider any additional changes that may be desired. Section 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of January, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk City of Temecula Boards, Committees and Commissions Handbook 01F TE 1989 � S.0 NFNV Updated January 9, 2024 TABLE OF CONTENTS Section 1 ............................ Letter of Welcome Section 2 .............................. Role & Authority Section 3 ...................... Policies and Procedures Section 4 ......................Establishing Documents Section 5 ...................... AB 1234 Ethics Training Section 6 .............. Statement of Economic Interest Section 7 ........ Summary of Conflict of Interest Laws Section 8 ................. Summary of Brown Act Laws ectlon 9 ............Summary of Public Records Laws Section 10 ............................... Resource List SECTION 1 City of Temecula 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6444 • Fax (951) 694-6449 • www.cityoftemecula.org Dear Board, Committee 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, committee 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, committee 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, committee or commission to be both enjoyable and rewarding. Sincerely, Randi Johl, JD, MMC Legislative Director / City Clerl� SECTION 2 THE ROLE AND AUTHORITY OF BOARD, COMMITTEE AND COMMISSION MEMBERS The primary role of boards, committees and commissions is to serve in an advisory capacity to the City Council on specified matters and encourage increased public input and participation in the local government decision -making process. Boards, committees and commissions are not involved in the administration or operation of City departments and may not direct administrative staff to initiate programs, conduct major studies, and/or establish official policy without the approval of the City Council. City staff members are available to provide general staff assistance and support to boards, committees and commissions. While boards, committees and commissions generally serve in an advisory capacity, the City Council may authorize certain boards, committees or commissions to take final action in prescribed areas pursuant to statutory law. For example, the Planning Commission is authorized to grant final approval on certain projects while providing recommendations on others. In addition, staff may bring various projects to a board, committee or commission for their review before taking the matter to the City Council for final approval. Boards, committees and commissions serve as the principal reviewing body for matters referred to them with final decision -making authority remaining with the City Council. I. General Information About Becoming a Board, Committee or Commission Member Appointment and Removal The Temecula Municipal Code sets forth the board, committee and commission appointment and removal provisions. Appointments are subject to the approval of a majority of the City Council. A majority of the City Council may also remove an appointee for good cause. Board, committee and commission members may be selected based on a variety of criteria and public presentation. The following guidelines may be used in the appointment of board, committee and commission members: Public application, presentation and selection process Applications, letters of recommendation, and references Attendance records of incumbent members Members usually represent a cross-section of the community. No member shall be an employee of the City. Members may not serve on more than one board, committee or commission at a time. General qualitative attributes of board, committee and commission members include, but are not limited to, the following: • Be an informed resident (knowledgeable about local affairs) • Have a good rapport with all segments of the community • Have a genuine concern for residents and the community as a whole • Be a good listener • Be open and honest • Relate well to others, including other board, committee and commission members • Be accepting of decisions that are the will of the majority • Show respect for viewpoints other than your own • Allow others adequate time to present their views before making comments • Welcome new members and help them become acquainted with their duties • Strive to minimize strife and polarization among members nriPntatinn Upon appointment to a board, committee or commission, the City Clerk and/or City Attorney will provide a formalized orientation to include review of the Boards, Committees and Commissions Handbook, open meeting laws and conflicts of interest. Orientation will also include administrative processing and a meeting with the City Manager or his/her designee. The corresponding department will conduct an orientation on the subject matter specific to each board, committee or commission. Attendance Notwithstanding the differences in the subject matter jurisdiction of each board, committee or commission, all members share some basic responsibilities. Meeting attendance is a fundamental responsibility. All members are expected to regularly attend their respective meetings. Three unexcused, consecutive absences constitute a vacancy of office. Subject Matter Jurisdiction Members must stay informed on subjects of interest to their specific board, committee or commission. The City Council encourages and provides opportunities for continuing education to assist members in the conduct of their duties. The subject matter jurisdiction of each board, committee and commission is as follows: Old Town Local Advisory Committee - The Old Town Local Advisory Committee (OTLAC) reviews and makes recommendations on topics related to the Old Town Specific Plan, matters of historical significance and architectural themes in the historic district. Community Services Commission - The Community Services Commission (CSC) reviews and makes recommendations on topics related to the Parks and Recreation Element of the General Plan and works to provide parks and recreation services and programs for the community. Planning Commission - The Planning Commission (PC), serving as the designated statutory planning agency for the City of Temecula, reviews and makes recommendations on topics related to subdivisions, specific plans, zone changes, plot plans and conducts legally required public hearings. Traffic Safety Commission - The Traffic Safety Commission (TSC) reviews and makes recommendations on topics related to speed zones, stop signs, signals, pavement markings, traffic design and engineering. Race, Equity, Diversity and Inclusion Commission - The Race, Equity, Diversity and Inclusion Commission (REDI) reviews and makes recommendations on topics of diversity and inclusion within City events, services, programs and policies and enhanced community relations. Opportunities for Engagement Board, committee and commissioner members are encouraged to become acquainted with the City, its values, and operational structure. To obtain this knowledge, members are encouraged to do the following: ✓ Attend City Council Meetings ✓ Attend City -Sponsored Special Events ✓ Attend Other Board, Committee and Commission Meetings ✓ Meet with City Council Board, Committee and Commission Liaisons ✓ Meet with the City Manager, Executive Directors, and/or Other Staff Members Revised January 2024 ✓ Participate in Subcommittee Opportunities ✓ Participate in Annual Board, Committee and Commission Assessments and Joint Meetings II. General Information About Operating as a Board or Commission Board, Committee and Commission Organization and Meetings All board, committee and commission meetings shall be publicly noticed and conducted in the same manner as City Council meetings. Board, committee and commission meeting agendas and minutes shall be created, approved and publicly retained in the same manner as those of the City Council. Guidance on these matters shall be provided by the City Clerk and City Attorney. Each board, committee and commission shall annually elect a chairperson and vice -chairperson. The main responsibility of the chairperson shall be to run orderly and effective meetings ensuring that all voices are heard, including those of fellow members and the public. The chairperson will work with the corresponding department director and staff on agenda content and to ensure the meetings are conducted in an effective, efficient and inclusive manner. Members should take particular care to comply with the open public meeting laws set forth in the Brown Act. While staff provides the appropriate notice and agendas for Board, Committee and Commission meetings, individual members must take care to not discuss City business with other board, committee or commission members, either together or one at a time, outside of a properly noticed public meeting. A summary of the major provisions and requirements of the Ralph M. Brown Act is included in this handbook. City Council Liaisons and Joint Meetings The City Council annually appoints one Council Member to serve as a liaison to each board, committee and commission. The appointed member is available for individual consultations with that board, committee or commission and may attend meetings. In addition, each board, committee and commission shall meet jointly with the City Council annually at a regularly scheduled City Council meeting as follows (to the extent possible): 1st Meeting in February— Planning Commission and Old Town Local Advisory Committee 2nd Meeting in February — Traffic Safety Commission 1st Meeting in March — Community Services Commission 2na Meeting in March — Race, Equity, Diversity and Inclusion Commission The annual joint meeting schedule may be adjusted from time to time depending upon the operational and organizational needs of the City and staff to include time sensitive items on the agenda. During the annual joint meeting, each board, committee and commission shall provide an overview of the previous year highlights, anticipated activities for the upcoming year, and take further direction from the City Council as necessary. In addition to the report at the annual joint meeting, board, committee and commission members may present at City Council meetings providing a verbal report on the status of their respective board, committee or commission as a routine item on the regular agenda. Working with Staff and Fellow Members Board, committee and commission members are individually appointed by the City Council. City staff assigned to work with boards, committees and commissions report to the City Manager, who in turn, reports to the City Council. A department director or administrator arranges staff support for each group. If a member wishes to initiate a project that requires in depth staff involvement, it is necessary for the project to be placed on the agenda for discussion and recommendation to the City Revised January 2024 Council so that the project may be authorized. Staff may begin preparing the necessary reports and studies after the City Council has authorized the project. Providing in depth staff support may require operational adjustments. Members are encouraged to be cognizant of the time involved on the part of staff in preparing requested studies and reports. With respect to general discussion at board, committee and commission meetings, members should make every attempt to clarify differences and make certain that clear communication is taking place when recommendations are discussed and approved. If differences cannot be resolved, the Department Director, City Manager and/or Council Member serving as the Liaison may be consulted to resolve the matter. Staff Reports to the City Council On occasion, staff will be required to prepare an agenda report on a board, committee or commission item for City Council review. The staff member should present both the staff position and the board, committee or commission position in the report. The majority and minority viewpoints of the members should also be presented. It is the desire of the City Council to have an opportunity to hear and consider all sides of an issue and alternative recommendations to assist in their decision -making process. Board, Committee and Commission Goals and Department Priorities The City prepares an annual budget and operates on a fiscal year budget cycle. Boards, committees and commissions are encouraged to annually review and comment on department programs and capital projects that may relate to their scope of interest. This evaluation is intended to focus attention on the overall department program and service priorities and objective as opposed to departmental operations. Public Hearings In some instances, boards, committees or commissions will have to conduct a public hearing, either on a major issue of concern to the community, on a permit application, or on an appeal of a staff decision. Most board, committee and commission actions and recommendations may be appealed or otherwise sent to the City Council for review and approval. Certain Planning Commission actions may be final with no right of appeal. Care must be taken in the maintenance of the official record of any proceeding. The procedure established by the City Attorney must be followed during the conduct of these hearings. Legislative Positions Boards, committees and commissions may review and make recommendations on ballot proposals and legislation requested by the City Council. The City Council shall review all such recommendations. Board, committee or commission members shall only represent the majority position of the City Council on such matters unless speaking as an individual or indicating a minority opinion. Legal Assistance Some boards, committees or commissions, such as the Planning Commission, may require the presence of a City Attorney. When there is doubt concerning the legality of an issue, the attorney will advise members on the proposed course of action. In the absence of an attorney, when there is doubt about the legality of a procedure, the board, committee or commission should refrain from additional discussion and decision making until a legal opinion is rendered. If necessary, a hearing may be continued until matters can be clarified. In all cases, the direction of the City Attorney should be followed closely. Revised January 2024 III. General Information About Personal Conduct as Advisory Body Member Representation on Behalf of the City Board, committee and commission members must be cognizant of their presence and public stance as a representative of the City and the board, committee or commission they serve. Members must refrain from presenting their personal views or recommendations as representing the board, committee or commission unless such a body has voted to approve the action. When expressing views that the majority of the board, committee or commission has not approved, members must indicate their opinion is that of a private individual. Personal opinions must be identified as such. Public statements should not include promises or direction that may be construed to be binding on the board, committee or commission, City Council, or City staff. When making a public statement, members should indicate that the actions are advisory in nature and final action on the recommendations will be taken by the City Council. Planning Commissioners should not express any views on projects that will come before them. The Planning Commission must provide legal due process for applicants which requires that commissioners not express any bias or views on a project until all of the information is presented at a public hearing and the applicant and public have expressed their views on the matter. Members are empowered by appointment to represent the general interest of the City and the board, committee or commission on which they serve. Representation in their appointed capacity does not include specific program areas and/or special interest groups they may be professionally and/or personally affiliated with. Public Appearance Before a Legislative Body If a member appears in a non -official, non -representative capacity before any public or private body, the member shall not identify or disclose membership on a City board, committee or commission. If a question of membership arises, the member shall indicate that they are appealing and speaking as an individual. There are significant legal restrictions on the ability of a member to appear before any board, committee or commission of the City, and particularly their own board, committee or commission. The City Attorney should be consulted in advance of any such appearance. Running for Elective Office While Appointed Members shall be permitted to retain membership on their respective board, committee or commission while seeking any elective office. Members of these bodies shall not, however, use the meetings, functions or activities of such bodies for purposes of campaigning for elective office. There are also significant conflict of interest rules relating to campaign contributions to a board, committee or commission member who is running for elective office. Campaign contributions to members may be considered income and the conflict of interest rules apply to board, committee or commission actions involving a campaign contributor. These rules are described in the Conflict of Interest Handbook and the City Attorney should be consulted if a member decides to run for elective office. Revised January 2024 SECTION 3 �ovTExlt CITY OF TEMECULA City Clerk's Office o iss9 `^ PROCEDURES FOR "Oj'onv . tiwYa� BOARDS, COMMITTEES AND COMMISSIONS Purpose: The City of Temecula currently has one committee and four commissions. Various resolutions and the municipal code of the City of Temecula contain general provisions which govern the City's boards and commissions. The Planning Commission is also subject to statutory provisions pursuant to law. This document generally governs the City Clerk's office procedures regarding boards and commissions. A general description of the existing appointed bodies is as follows: Old Town Local Advisory Committee The Old Town Local Advisory Committee (OTLAC) reviews and makes recommendations on topics related to the Old Town Specific Plan, matters of historical significance and architectural themes in the historic district. The Old Town Local Review Board meets the second Monday of each month at 9:00 a.m. in the Council Chambers at City Hall. Community Services Commission The Community Services Commission (CSC) reviews and makes recommendations on topics related to the Parks and Recreation Element of the General Plan and works to provide parks and recreation services and programs for the community. The Community Services Commission meets the second Monday of each month at 6:00 p.m. in the Council Chambers at City Hall. Planning Commission The Planning Commission (PC), serving as the designated statutory planning agency for the City of Temecula, reviews and makes recommendations on topics related to subdivisions, specific plans, zone changes, plot plans and conducts legally required public hearings. The Planning Commission meets the first and third Wednesday of each month at 6:00 p.m. in the Council Chambers at City Hall. Traffic Safety Commission The Traffic Safety Commission (TSC) reviews and makes recommendations on topics related to speed zones, stop signs, signals, pavement markings, traffic design and engineering. The Traffic Safety Commission meets the fourth Thursday of each month at 6:00 p.m. in the Council Chambers at City Hall. Race, Equity, Diversity and Inclusion Commission The Race, Equity, Diversity and Inclusion Commission (REDI) reviews and make recommendations on topics of diversity and inclusion within City events, services, programs and policies and enhanced community relations. The Race, Equity, Diversity and Inclusion Commission meets the second Thursday of each month at 6:00 p.m. in the Council Chambers at City Hall. APPOINTMENT OF MEMBERS The City Council is the appointing body for the City's boards, committees and commissions. When a vacancy occurs, whether it is by expiration of term, resignation or other circumstance, the City Council shall fill that vacancy through appointment. o Scheduled Vacancv - Prior to a board or commission term expiring, a notice shall be published in a local newspaper of general circulation and posted at the City's designated posting locations (Temecula Library, Chamber of Commerce and Civic Center) pursuant to the Government Code. In addition, the vacancy shall be advertised through a variety of methods (i.e., City website, PEG Channel, flyers in City Hall lobby and at City -affiliated events, email lists, Constant Contact, press releases, social media, etc.). o Unscheduled Vacancv- In the event of an unscheduled vacancy, occurring by resignation or other circumstance, the "Special Notice of Vacancy" shall be immediately posted and published pursuant to Government Code 54974. In addition, the unscheduled vacancy shall be advertised utilizing the same methods as identified above for scheduled vacancies. • Unless otherwise indicated, a vacancy shall be advertised for no less than sixty (60) days from the date of publication. • If multiple vacancies occur within sixty (60) days of one another, the City Council may at its discretion consider those vacancies jointly without advertising again. • The City Clerk shall provide incumbent(s) with a notification advising them of the upcoming expiration and inviting them to reapply. • All applicants will be advised that the appointment process is a public process subject to the Brown Act and Public Records Act. • Applications will be electronically accessible through the City's website and will be processed as follows: o Completed applications will be electronically accepted in a standardized manner by the City Clerk's office as Council directed, indicating interest in one or more board or commission. Completed applications include the application itself, along with any attachments (i.e., resume, letter of recommendation, etc.). o The City Clerk will provide a non -redacted set of qualified applications, with all attachments, to each council member electronically. Said applications shall be provided to the City Council for their review at least ten (10) days prior to the Council meeting at which an appointment will be considered. o Appointments shall be calendared as a business item at a regularly scheduled or special City Council meeting. At the Council meeting, candidates shall provide a five (5) minute presentation on why they wish to be appointed to the relevant board or commission. After questions and discussion, the Council shall indicate their preferences and make an appointment. A majority vote of the City Council is required for appointment. 2. ORIENTATION OF NEW MEMBERS Each new member shall receive a new member orientation. The orientation shall be coordinated through the City Clerk and include the following: o City Manager / City Council — Welcome on Behalf of the City and City Council o City Clerk — General Review of Handbook, Review and Completion of Statement of Economic Interests (Form 700), Review of AB 1234 Ethics Training Requirements o Human Resources — Review and Completion of Personnel -Related Materials o IT — Issuance of Proximity Cards o Liaison City Department — Introduction to Relevant Staff Members, Overview of Meetings and Makeup, Review of Pending Topics that Fall Under the General Jurisdiction of the Specific Board, Committee or Commission 3. REMOVAL OF MEMBERS • The City's Municipal Code, specifically Section 2.40.050, governs the removal process for any board, committee or commission member and specifically states that a majority of the City Council may remove an appointee for good cause. Under Section 2.40.090, a position is declared vacant when a member is absent from three consecutive meetings without excuse. 4. ANNUAL POSTING OF MEMBERS • Pursuant to Government Code Section 54972 (Maddy Act), on or before December 31 of each year, the City Clerk's office shall prepare and post the Local Appointments List. The list shall be posted on the City Hall posting board and on the City's website. The list shall be updated to reflect new board, committee and commission appointments as needed. 5. TRAINING FOR MEMBERS The City Clerk shall coordinate a citywide member training in conjunction with the City Council, City Manager, City Attorney and Department Directors who serve as liaisons to the respective boards. committees and commissions as needed. The training may cover a variety of topics, including but not limited to, the Board, Committee and Commission Handbook, AB 1234 ethics training, conflicts of interest, Brown Act, and member roles. The training shall be noticed pursuant to the Brown Act. 6. JOINT MEETINGS AND RECOGNITION Service recognitions for board, committee and commission members will take place annually at the first regularly scheduled City Council meeting in January. Joint meetings of the City Council and each board, committee and commission shall be held at the regularly scheduled City Council meetings in February and March. If desired, the City Clerk's office shall also coordinate an annual informal gathering of the members and City Council. Procedure No.: 014 Last Revised: January 2024 SECTION 4 RESOLUTION NO.2023-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE COMMUNITY SERVICES COMMISSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Community Services Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is created an advisory commission to the City Council which shall be known as the "Community Services Commission." Section 2. Commission Composition and Membership. The Community Services Commission shall consist of five (5) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission. Section 3. Term of Office. Terms of office for the Community Services Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 4. Appointment, Removal and Vacancies. Members of the Community Services Commission shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070. Section 5. Time and Place of Meeting. The Community Services Commission shall meet regularly on the second Monday of each month at 6:00 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula. Section 6. Stipend. The Community Services Commission shall receive the same stipend as the other boards, committees, and commissions pursuant to Temecula Municipal Code Section 2.40.100. Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards, committees, and commissions within the City. Section 8. Role and Purpose. Similar to other boards, committees and commissions, with the exception of those with statutory responsibilities, the role of the Community Services Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. The purpose of the Community Services Commission shall be as follows: ■ Review and make recommendations to the City Council regarding the parks and recreational facilities component of the open space/conservation element of the General Plan • Make recommendations to the Temecula Community Services Department regarding community services facilities, programs, events, activities, and services • Collaborate with community partners, including Temecula Valley Unified School District, community groups, and non -profits to identify opportunities to enhance community services facilities, programs, events, and services • Serve as ambassadors to educate the community about the City's community services facilities, programs, events, and services Section 9. The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23" day of May, 2023. zazl--- !_�n_Kz Zak Schwank, Mayor ►:r0aW1I Ran ity Clerk [SEAT.] I 2 I 1 1 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi ]ohl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023-44 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of May, 2023, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS ABSTAIN: 0 COUNCIL MEMBERS None None None i Randi .Iohl, City Clerk 3 RESOLUTION NO.2023-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE PLANNING COMMISSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Planning Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is created a statutory commission to the City Council which shall be known as the "Planning Commission." Section 2. Commission Composition and Membership. The Planning Commission shall consist of five (5) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission. Section 3. Term of Office. Terms of office for the Planning Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 4. Appointment, Removal and Vacancies. Members of the Planning Commission shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070. Section 5. Time and Place of Meeting. The Planning Commission shall meet regularly on the first and third Wednesday of each month at 6 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula. Section 6. Stipend. The Planning Commission shall receive the same stipend as the other boards, committees, and commissions pursuant to Temecula Municipal Code Section 2A0.100. Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards, committees, and commissions within the City. Section 8. Role and Purpose. Similar to other boards, committees and commissions, with the exception of those with statutory responsibilities, the role of the Planning Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. The purpose of the Planning Commission shall be as follows: • For purposes of state planning law, the planning commission serves 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 Advising the City Council on planning and land use matters • Reviewing and making recommendations on proposed developments, subdivisions, and zone changes is Holding public hearings and soliciting public input on planning and land use issues • Reviewing and making recommendations on the City's General Plan, which guides future development and land use decisions • Ensuring that development projects comply with the City's zoning and land use regulations • Working with developers, architects, and other stakeholders to ensure that proposed developments are compatible with the surrounding area and meet the needs of the community • Reviewing and making recommendations on environmental documents related to development projects, such as Environmental Impact Reports Enforcing the City's zoning and land use regulations, including issuing land use permits Section 9. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of May, 2023. ATTEST: Randi 1ohl, City Clerk [SEAL] Zak Schwank, Mayor a i0 I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Rand] Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023-45 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of May, 2023, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Brawn, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 4�7 Randi Johl, City Clerk 3 RESOLUTION NO.2023-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE RACE, EQUITY, DIVERSITY AND INCLUSION (REDI) COMMISSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Race Equity, Diversity and Inclusion Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is hereby created an advisory commission to the City Council which shall be known as the "Race, Equity, Diversity and Inclusion Commission." Section 2. Commission Composition and Membership. The Race, Equity, Diversity and Inclusion Commission shall consist of seven (7) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission. Section 3. Term of Office. Terms of office for the Race, Equity, Diversity and Inclusion Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 4. Appointment, Removal and Vacancies. Members of the Race, Equity, Diversity and Inclusion Commission shall be appointed and removed in the same manner as other boards and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070. Section 5. Time and Place of Meeting. The Race, Equity, Diversity and Inclusion Commission shall meet regularly on the second Thursday of each month at 6 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula. Section 6. Stipend. The Race, Equity, Diversity and Inclusion Commission shall receive the same stipend as the other boards and commissions pursuant to Temecula Municipal Code Section 2.40.100. Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards and commissions within the City. Section 8. Role and Purpose. Similar to other boards and commissions, with the exception of those with statutory responsibilities, the role of the Race, Equity, Diversity and Inclusion Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. The purpose of the Race, Equity, Diversity and Inclusion Commission shall be as follows: ■ Build Strong Relationships Around Issues of Diversity, Inclusion and Equity With the City Council, Commissions, Staff and Community Learn About Existing City Events, Services and Programs and Identify Opportunities for Further Diversity and Inclusion within the Same • Serve as Ambassadors to Educate the Community About Opportunities Related to Diversity and Inclusion within City Events, Services and Programs • Identify Opportunities for Enhanced Communication with All Residents, Including with Those of Various Race, Ethnic, Gender, Disability, Religious, and/or Cultural Backgrounds • Identify Opportunities for Improved Outreach to All Residents on Various City Efforts and Initiatives • Evaluate Policies Brought to the Commission for Consideration with an Equity Lens and Make Recommendations • Incorporate proclamations and other similar items into commission meetings as recommended by the City Council Section 9. The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23d day of May, 2023. Zak Schwank, Mayor ATTEST: Randi Johl, City Clerk [SEAL] I I STATE OF CALIFORNIA } COUNTY OF RIVERSIDE } ss CITY OF TEMECULA } I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023-46 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23' day of May, 2023, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalfus, Schwank, Stewart ►:�:'j.� 1►:� 1` �1sj,Lll l wu■ i:1►�:�'rll.`�►1'sM ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 3 RESOLUTION NO.2023-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE TRAFFIC SAFETY COMMISSION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Traffic Safety Commission Established. Pursuant to Section 2.40.010 of the Temecula Municipal Code, there is created an advisory commission to the City Council which shall be known as the "Traffic Safety Commission." Section 2. Commission Composition and Membership. The Traffic Safety Commission shall consist of five (5) members appointed by the City Council pursuant to Section 2.40.020 of the Temecula Municipal Code. No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Commission. Section 3. Term of Office. Terms of office for the Traffic Safety Commission shall be three (3) years with staggered terms. At the completion of any term, a commission member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 4. Appointment, Removal and Vacancies. Members of the Traffic Safety Commission shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050. Vacancies shall be filled pursuant to 2.40.070. Section 5. Time and Place of Meeting. The Traffic Safety Commission shall meet regularly on the fourth Thursday of each month at 6:00 p.m. in the Council Chambers in City Hall located at 41000 Main Street, Temecula. Section 6. Stipend. The Traffic Safety Commission shall receive the same stipend as the other boards, committees, and commissions pursuant to Temecula Municipal Code Section 140.100. Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the commission similar to that of other boards, committees, and commissions within the City. Section 8. Role and Purpose. Similar to other boards, committees and commissions, with the exception of those with statutory responsibilities, the role of the Traffic Safety Commission shall be advisory in nature, with legislative authority remaining with the City Council. The commission shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and make recommendations. The commission shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. The purpose of the Traffic Safety Commission shall be as follows: ■ Serve in an advisory capacity to the City Council making recommendations regarding traffic safety and transportation within the City of Temecula ■ Encourage public input on traffic safety and transportation issues and seek resolution of public concerns • Serve as the reviewing body on specific matters related to traffic safety and transportation referred by the City Council • Review specific matters related to traffic safety and transportation prior to being presented to the City Council for final approval • Serve as ambassadors to educate the community about the City's traffic safety and transportation related services and programs Section 9. The City Clerk shall certify to the passage and adoption of this resolution PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23`d day of May, 2023. ATTEST: Randi ] ity Clerk [SEAL] 0 Zak Schwank, Mayor I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023-47 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23`d day of May, 2023, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kaifus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 3 RESOLUTION NO.2023-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECONSTITUTING THE OLD TOWN LOCAL REVIEW BOARD BY ESTABLISHING THE OLD TOWN LOCAL ADVISORY COMMITTEE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Old Town Local Advisory Committee Established. Pursuant to Chapter 2.40 of the Temecula Municipal Code, there is hereby established the "Old Town Local Advisory Committee" ("Committee"). Section 2. Composition and Membership. The Committee shall consist of seven (7) members appointed by the City Council to the following seats on the Committee: (a) Four (4) of the Committee seats shall be reserved for one representative from each of the following organizations: 1) Temecula Valley Chamber of Commerce; 2) Visit Temecula Valley; 3) Old Town Temecula Merchants Association; and 4) Temecula Valley Historic Society. (b) One (1) of the Committee seats shall be reserved for an owner of land within the Old Town Specific Plan area. (c) One (1) of the Committee seats shall be reserved for a licensed architect. (d) One (1) of the Committee seats shall be reserved for a Temecula resident at -large. Section 3. Role and Purpose. (a) Members of the Committee are stakeholders in Old Town. They will each bring to the Committee important perspectives, experience and wisdom with respect to the development and maintenance of Old Town. The purpose of the Committee it to provide a forum for these stakeholders to examine issues related to Old Town and to provide their comments and recommendations to the Planning Commission and City Council who will then independently review the comments and recommendations pursuant to their legislative and adjudicative authority. (b) The role of the Committee shall only be advisory to the Planning Commission and City Council, providing comments and recommendations on all matters affecting Old Town from their special perspectives. The Committee shall have no decision -making authority with legislative and adjudicative authority remaining with the Planning Commission and City Council. Their recommendations are not binding on the Planning Commission and City Council and are subject to substantive review by the Planning Commission and City Council. The Committee does not make or compel governmental decisions through any initiative or voting powers. As such, the members of the Committee are not agency officials within the meaning of Section 82004 of the Government Code and Sections 18704 and 18700(c)(2) of the Fair Political Practice Commission Regulations because the role of the Committee is solely advisory, members of the Committee have no decision making authority, and the comments or recommendations they provide will be independently reviewed and acted upon by the Planning Commission and City Council which are the legislative bodies have legislative and adjudicative decision making authority with respect to matters in Old Town. Therefore, members of the Committee are not required to file Economic Disclosure Forms (Form 700) and are not subject to the conflicts of interest provisions of the Political Reform Act, Government Code Sections 81000 et seq. (c) The Committee shall consider various items within its jurisdiction, including items suggested by the City Council and City Manager, and provide comments and recommendations. The Committee shall work with and through the assigned Department Director and liaison to collaborate on reports and recommendations, including its annual report to the City Council. (d) The Committee shall provide advice and recommendations to the Planning Commission and City Council with respect to the following matters in Old Town: 1) Matters pertaining to the Old Town Specific Plan, including: a) Proposed Level II projects. b) Proposed Findings of Historic Appropriateness. c) Requests to modify, alter any historic structure or building. d) Temecula Local Historic District. e) Historical and cultural preservation in Old Town. f) Architectural and development standards for projects in Old Town. 2) Special Events and Road Closure Review 3) Parking Management, including parking districts. 4) Recommendations for use of potential Parking District Revenue. 5) Oversight of Grant of Loan programs utilizing Parking Revenues. 6) Old Town Infrastructure. 7) Proposals for Studies of Old Town. 8) Marketing of Old Town. 9) Old Town Comprehensive Signage. 10) Old Town Conflict Resolution. 11) Capital Improvement Plan projects proposed for the Old Town area (prior to budget adoption). 12) Comprehensive economic development strategy for Old Town Section 4. Term of Office. Terms of office for the Old Town Local Advisory Committee members shall be three (3) years with staggered terms. At the completion of any term, a Committee member may be reappointed pursuant to Temecula Municipal Code 2.40.060. Section 5. Removal and Vacancies. (a) Members of the Old Town Local Advisory Committee shall be appointed and removed in the same manner as other boards, committees and commissions within the City pursuant to Temecula Municipal Code 2.40.050 and Section 3 of this Resolution. (b) No officers or employees of the City or person under an employment contract subject to the jurisdiction of the City Council shall be a member of such Committee. Vacancies shall be filled pursuant to 2.40.070. (c) Standing Committee seats reserved for Temecula Valley Chamber of Commerce, Visit Temecula Valley, Old Town Temecula Merchants Association, and Temecula Valley Historic Society shall be filled by a Committee member or employee representative proposed by each organization. If an any seat is left vacant for any reason, the City Council may fill that seat with an additional Temecula resident at -large. Section 6. Time and Place of Meeting. The Committee shall meet regularly as may be appropriate or necessary for the orderly conduct of its business. Meetings of the Committee shall be open to the public and governed by the California Open Meetings Act (the Brown Act). Section 7. Staff Assistance. The City Manager shall ensure that adequate staff will be allocated to provide necessary assistance to the Committee similar to that of other Committees, committees, and commissions within the City. Section 8. Transfer of Determinations and Approvals. The City Council hereby transfers the duties of the Old Town Local Review Board relating to determinations and approvals assigned to it by the Old Town Specific Plan to the Planning Commission. Section 9. Old Town Local Review Board Abolished. The "Old Town Local Review Board" established by the Old Town Specific Plan is hereby abolished, provided, however, that nothing herein shall affect decisions previously made by such Board. Section 10. The City Clerk shall certify to the passage and adoption of this resolution. 1 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12"' day of December, 2023. ATTEST: Randi JohTCity Clerk 1 1 Zak Schwank, Mayor 1 1 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2023-94 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12t' day of December, 2023, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Brown, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: ABSTAIN: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS: None None None Randi Johl, City Clerk 5 SECTION .5 INSTITUTE FOR LOCAL GOVERNMENT FOUNDED 1955 PUBLIC SERVICE ETHICS State Ethics Training Requirements For Local Officials: Frequently Asked Questions (FAQs) 9104112 Edition Overview of Requirement 1. What requirements does AB 1234 create regarding ethics training for local officials? The basic thrust of AB 1234 is to require covered officials (see next question) to take two hours of training in ethics principles and laws every two years.1 Who's Covered 2. Who must receive mandatory ethics training? Basically the requirement applies to those elected or appointed officials who are compensated for their service or reimbursed for their expenses.2 The specific trigger for this requirement is whether the agency either compensates or reimburses expenses for members of any of its Brown Act covered bodies; if it does, then all elected and appointed "local agency officials" (as defined) must receive this training.3 "Local agency official" means any member of a legislative body or any elected local agency official who receives compensation or expense reimbursement.4 "Local agency" means "a city, county, city and county, charter city, charter county, charter city and county, or special district."5 Thus the training requirement does not include agencies on which local officials serve (for example, redevelopment agency governing boards or joint powers agencies), although many such officials will likely be covered by virtue of their status with cities, counties and special districts. Note that it also does not include school districts. Note that local agencies also have the option of requiring certain employees to receive this training.6 1400 K Street, Suite 205 • Sacramento, CA 95814 • 916.658.8208 F 916.444.7535 • www.ca-ilg.org State Ethics Training Requirements For Local Officials: FAQs September 2012 I What if an agency has a number of board members and commissioners who could theoretically get reimbursed for such expenses but as a practical matter haven't been for a long time? Determining whether such officials should receive such training involves a judgment call in consultation with one's agency attorney. Some agencies are rethinking whether they want to reimburse the members of all their commissioners and board members or be more selective. Another consideration is whether the nature of such officials' duties are such that the official would benefit from such training and the agency would benefit from having this official be trained (in terms of reducing the likelihood of missteps). Another approach is for an agency to identify all commissioners and board members that have been reimbursed and/or compensated in the past year and notify them of their need to receive training. For others who haven't been reimbursed and/or compensated, the expense reimbursement forms required by AB 12347 could include an advisory which alerts board members and commissioners of the need to get training if they are seeking reimbursement for expenses. 4. What about those who serve on multiple local agency bodies? The official only has to satisfy the requirement once (within one year of taking office and every two years after that). s Institute for Local Government www.ca-ilg.org 2 State Ethics Training Requirements For Local Officials: FAQs September 2012 5. Can AB 1234's ethics training requirements constitutionally apply to charter cities? Many city attorneys are not convinced that AB 1234 contains the necessary findings to make it applicable to charter cities, although the bill purports to apply to charter cities by including charter cities within the definition of local agency.9 However, a number of charter cities already have such training programs and/or think they would be helpful and hence, are voluntarily complying with the spirit of AB 1234. Such an approach may reflect well on a city and city officials should the local media inquire about city officials' compliance with AB 1234. Timing and Deadline Issues 6. By when must an official receive such training and how often again after that? Officials in Service as of January 1, 2006. Except for officials whose term of office ends before January 1, 2007, those in office on January 1, 2006 must receive the training before January 1, 2007.10 After that, they must receive the training at least once every two years. 11 Officials whose term of office ends before January 9, 2007 were excused.12 Those Beginning Service After January 1, 2006. Those who enter office after January 1, 2006 must receive the training within a year of starting their service. They must then receive the training every two years after that. 13 Reasonable attorneys disagree how the "every two years" requirement should be interpreted. One interpretation would be that, if an official received the required training on May 15, 2011, the official would need to receive training again on or before May 14, 2013. Another would be that this same official satisfied the requirement in 2011 and needs to again satisfy the requirement in 2013. Institute for Local Government www.ca-ilg.org 3 State Ethics Training Requirements For Local Officials: FAQs September 2012 Compliance and Enforcement 7. How do officials demonstrate compliance with the mandatory ethics requirements? When local agency officials receive the training, they will be given proof of participation.14 Copies of these certificates must be provided to the agency's custodian of records and maintained as public records subject to disclosure to the media, the public and others for at least five years.15 8. What is the enforcement mechanism to assure that local officials receive such training? The new law is directory; there is no specific penalty for failing to complete the required training.16 Presumably there will be a periodic public records requests by the media, candidates and others to verify which officials have and have not met the requirements. 17 Local agencies are using a variety of techniques to encourage compliance. Options include: 1. Circulate a List of Complying and Non -complying Officials within the Agency. Putting who has (and who has not) complied in writing along with a reminder that the agency is expecting media and other inquiries may be one way to encourage compliance. This list can be circulated to officials with a thank you to those who have satisfied the requirement and a list of options for compliance for those who have not. 2. Create a Financial Penalty. Another option for encouraging compliance is to adopt a policy that officials who have not complied with their AB 1234 training requirements will not be eligible to have their expenses reimbursed. 3. Make Compliance a Condition of Agency Service for Appointees. In situations where the non -compliant official is an appointee, a local policy could provide the appointment be either rescinded or that the non- complying individual is ineligible for re -appointment. 4. Post Certificates on Agency's Website. The agency can post scans of those within the agency who have complied with the requirement, which also lets the media and the public know how the official satisfied the training. Institute for Local Government www.ca-ilg.org 4 State Ethics Training Requirements For Local Officials: FAQs September 2012 Content Issues, Options for Satisfying the Requirement and Trainer Qualifications 9. Where can local officials get this training? Local agencies must provide covered officials with a list of options for satisfying this requirement at least once a year.18 The training can occur in -person, online or on a self -study basis (read materials and take a test).19 Agencies are not required to provide the training themselves, although a number may choose to do so. A variety of organizations offer such training (including law firms and nonprofit organizations). In addition, there are self -study materials available from the Institute for Local Government's website (www.ca-ilg.org/AB 1234compliance) as well as a free online course at http://localethics.fppc.ca.gov or http://www.localethics.fppc.ca.gov that the Institute developed in collaboration with the FPPC. The Institute also has materials for in-house counsel and others who are interested in offering such training. 10. How do people or organizations become certified as AB 1234 ethics trainers? Strictly speaking, they don't. The Attorney General and FPPC have adopted guidelines for course curriculum accuracy and sufficiency, but there is no trainer - certification requirement.20 The Attorney General's guidelines require that the ethics law portion of AB 1234 training be given only by attorneys licensed to practice law in California and knowledgeable about California's ethics laws. 11. What issues must AB 1234 ethics training programs address? The training must cover general ethics principles relating to public service and ethics laws.21 "Ethics laws" are defined as including::: Laws relating to personal financial gain by public officials (including bribery and conflict of interest laws); • Laws relating to office -holder perks, including gifts and travel restrictions, personal and political use of public resources and prohibitions against gifts of public funds; Institute for Local Government www.ca-ilg.org 5 State Ethics Training Requirements For Local Officials: FAQs September 2012 Governmental transparency laws, including financial disclosure requirements and open government laws (the Brown Act and Public Records Act); Law relating to fair processes, including fair contracting requirements, common law bias requirements and due process. The Institute has materials to address these issues. The ILG resources can be found at www.ca-ilg.org/AB 1234compliance. Given the breadth of the subjects that need to be covered, the goal of the training cannot be to teach local officials the law in each of these areas. Instead the goal needs to be to acquaint local officials with the fact that there are laws that govern their behavior in each of these areas, to motivate officials to comply with such laws (among other things by explaining the consequences of missteps) and to alert them on when they need to seek the advice of qualified legal counsel when issues arise with respect to such laws. Note that the Attorney General's Guidelines allow those who have taken the initial overview course to go deeper into certain aspects of ethics law in subsequent compliance efforts. 23 12. Can I get State Bar minimum continuing legal education (MCLE) credit for attending AB 1234 training? Yes. AB 1234 training is eligible for MCLE participatory credit,24 provided the training complies with MCLE requirements. It is not, however, eligible for MCLE legal ethics credit.zs Brown Act Compliance 13. Must an AB 1234 training session that will be attended by a quorum of a legislative body comply with the Brown Act? The consensus appears to be that the Brown Act applies and therefore, the meeting must be open to the public and properly noticed. The Brown Act requires regular "meetings" of "legislative bodies" of local public agencies be open and public.26 A "meeting" is "any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains."27 Theoretically, it is possible for a majority of the members of a legislative body to attend an AB 1234 training session without triggering the Brown Act provided that they neither hear Institute for Local Government www.ca-ilg.org 6 State Ethics Training Requirements For Local Officials: FAQs 2012 nor discuss any topic that arguably comes within the legislative body's subject matter jurisdiction. The goal of AB 1234 training, however, is to acquaint local officials with the laws that govern their behavior and motivate them to comply with such laws. In light of this goal, it is highly likely that training attendees will ask questions related to matters within the legislative body's subject matter jurisdiction. Accordingly, the Institute believes that the best course of action is to comply with the Brown Act. Note that AB 1234 training that occurs at conference sessions are subject to the conference session exception to the Brown Act. 28 G:\INSTITUTE\Ethics\AB 1234 Ethics Programs and Certification\FAQs\State Ethics Training FAQs10-4.doc ' Cal. Gov't Code § 53235(a), (b). 2 The language is potentially confusing on this point. The new law says that if a local agency provides any type of compensation or reimbursement for members of its legislative bodies, then all "local agency officials" must receive training. See Cal. Gov't Code § 53235(a). But the definition of "local agency official" means "any member of a local agency legislative body or any elected official who receives any type of compensation ...or reimbursement for actual and necessary expenses incurred in the performance of official duties." See Cal. Gov't Code § 53234(c)(1). 3 Cal. Gov't Code § 53235(a) ("If a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to this article"); § 53234(a) (defining legislative body by reference to the Brown Act, Government Code section 54952). 4 Cal. Gov't Code § 53234(c)(1). 5 Cal. Gov't Code § 53234(b). 6 Cal. Gov't Code § 53234(c)(2). 7 Cal. Gov't Code § 532323(a). S See Cal. Gov't Code § 53235.1(c). 9 Cal. Gov't Code § 53234(b). 10 See Cal. Gov't Code § 53235.1(a). " See Cal. Gov't Code § 53235.1(a). 12 Cal. Gov't Code § 53235.1(a). 13 See Cal. Gov't Code § 53235.1(b). The law requires that subsequent training occur at least once every two years." Some agencies interpret this to mean that training may occur in successive two year periods, not necessarily before the two year anniversary of the last training. This is an area where substantial compliance based on the spirit of the law should be sufficient. 14 Cal. Gov't Code § 53235.1(e). 15 Cal. Gov't Code § 53235.2. 16 Cal. Gov't Code § 53235.2. '7 Note: in addition to maintaining records on compliance with the minimum standards imposed by AB 1234, local agencies may also want to maintain records of any additional training local agency officials received. This will enable those inquiring to ascertain the agency's and individual's full scope of commitment to understanding the ethical and legal obligations associated with public service. '8 Cal. Gov't Code § 53235(f). 19 Cal. Gov't Code § 53235(d). 20 See Cal. Gov't Code § 53235(c). The FPPC adopted it's guidelines as a regulation20 and the Attorney General issued General Guidelines on Course Accuracy and Sufficiency, which are available on the Department of Justice website: http:Hcaag.state.ca.us/ethics/eth loc guide_final.pdf. A summary of the state's guidelines for training is also available at www.ca-iliz.org/AB1234compliance. Institute for Local Government www.ca-ilg.org 7 State Ethics Training Requirements For Local Officials: FAQs 2012 21 Cal. Gov't Code § 53235(b). 22 Cal. Gov't Code § 53234(d). 23 See Attorney General Guidelines, bottom of page 3, available at http://oag.ca.gov/sites/all/files/pdfs/ethics/eth loc guide final.pdfl 24 State Bar's response to an inquiry by the Institute, November 6, 2006. 25 id. 26 Cal. Gov't Code § 54953. 27 Cal. Gov't Code § 54952.2 (emphasis added). 28 Cal. Gov't Code § 54952.2(c)(2) (Conference must be open to the public and attendees must be mindful of restrictions on discussing items with colleagues). Institute for Local Government www.ca-ilg.org 8 SECTION 6 2022-2023 Statement of Economic Interests Form 700 A Public Document Table of Contents Quick Start Guide .................................................... p.2 Who? Where? How? When? .................................... p.3 Types of Statements ................................................. p.4 Cover Page and Schedules CoverPage ........................................................ p.5 Schedule A-1 (Investments) ............................... p.7 Schedule A-2 (Business Entities/Trusts) ............ p.9 Schedule B (Real Property) ............................... p.11 Schedule C (Income).........................................p.13 Schedule D (Gifts)..............................................p.15 Schedule E (Travel Payments) ...........................p.17 Restrictions and Prohibitions....................................p.19 Q&A........................................................................p.20 Helpful Resources • Video Tutorials • Reference Pamphlet • Excel Version • FAQs • Gift and Travel Fact Sheet for State and Local Officials California Fair Political Practices Commission 1102 Q Street, Suite 3000 • Sacramento, CA 95811 Email Advice: advice@fppc.ca.gov Toll -free advice line: 1 (866) ASK-FPPC • 1 (866) 275-3772 Telephone: (916) 322-5660 • Website: www.fppc.ca.gov December 2022 Quick Start Guide Detailed instructions begin on page 3. WHEN IS THE ANNUAL STATEMENT DUE? • March 1 — Elected State Officers, Judges and Court Commissioners, State Board and Commission members listed in Government Code Section 87200 • April 1 — Most other filers WHERE DO I FILE? Most people file the Form 700 with their agency. If you're not sure where to file your Form 700, contact your filing officer or the person who asked you to complete it. ITEMS TO NOTE! • The Form 700 is a public document. • Only filers serving in active military duty may receive an extension on the filing deadline. • You must also report interests held by your spouse or registered domestic partner. • Your agency's conflict of interest code will help you to complete the Form 700. You are encouraged to get your conflict of interest code from the person who asked you to complete the Form 700. NOTHING TO REPORT? Mark the "No reportable interests" box on Part 4 of the Cover Page, and submit only the signed Cover Page. Please review each schedule carefully! Common Common Schedule Reportable Interests Non -Reportable Interests A-1: Stocks, including those held in an IRA Insurance policies, government bonds, diversified Investments or 401 K. Each stock must be listed. mutual funds, funds similar to diversified mutual funds. A-2: Business entities, sole proprietorships, Savings and checking accounts, cryptocurrency, Business partnerships, LLCs, corporations and and annuities. Entitites/Trusts trusts. (e.g., Form 1099 filers). B: Rental property in filer's jurisdiction, or A residence used exclusively as a personal Real Property within two miles of the boundaries of residence (such as a home or vacation property). the jurisdiction. C: Non -governmental salaries. Note that Governmental salary (from school district, for Income filers are required to report only half of example). their spouse's or partner's salary. D: Gifts from businesses, vendors, or Gifts from family members. Gifts other contractors (meals, tickets, etc.). E: Travel payments from third parties (not Travel paid by your government agency. Travel your employer). Payments Note: Like reportable interests, non -reportable interests may also create conflicts of interest and could be grounds for disqualification from certain decisions. QUESTIONS? • advice@fppc.ca.gov • (866) 275-3772 Mon-Thurs, 9-11:30 a.m. E-FILING ISSUES? If using your agency's system, please contact technical support at your agency. If using FPPC's e-filing system, write to form700@fppc.ca.gov. FPPC Form 700(2022/2023) advice@fppc.ca.gov • 866-275-3772 • www..ca.gov Page - 2 UIP..�'It New Gift Limit Increase The gift limit increased to $520 for calendar years 2021 and 2022. W4 must file: • Elected and appointed officials and candidates listed in Government Code Section 87200 • Employees, appointed officials, and consultants filing pursuant to a conflict of interest code ("code filers"). Obtain your disclosure categories, which describe the interests you must report, from your agency; they are not part of the Form 700 • Candidates running for local elective offices that are designated in a conflict of interest code (e.g., county sheriffs, city clerks, school board trustees, and water board members) Exception: • Candidates for a county central committee are not required to file the Form 700 • Employees in newly created positions of existing agencies For more information, see Reference Pamphlet, page 3, at www. fppc. ca. gov. W4u to file: 87200 Filers State offices Your agency Judicial offices The clerk of your court Retired Judges Directly with FPPC County offices Your county filing official City offices Your city clerk Multi -County offices Your agency Code Filers — State and Local Officials, Employees, and Consultants Designated in a Conflict of Interest Code: File with your agency, board, or commission unless otherwise specified in your agency's code (e.g., Legislative staff files directly with FPPC). In most cases, the agency, board, or commission will retain the statements. Members of Newly Created Boards and Commissions: File with your agency or with your agency's code reviewing body pursuant to Regulation 18754. Employees in Newly Created Positions of Existing Agencies: File with your agency or with your agency's code reviewing body. (See Reference Pamphlet, page 3.) Candidates file as follow: State offices, Judicial County elections official with offices and whom you file your multi -county offices z declaration of candidacy County offices z County elections official City offices z City Clerk Public Employee's Retirement System (CaIPERS) z CaIPERS State Teacher's Retirement Board (CaISTRS) z CaISTRS How to file: The Form 700 is available at www.fppc.ca.gov. Form 700 schedules are also available in Excel format. Each Statement must have a handwritten "wet" signature or "secure electronic signature," meaning either (1) a signature submitted using an approved electronic filing system or (2) if permitted by the filing officer, a digital signature submitted via the filer's agency email address. (See Regulations 18104 and 18757.) Companies such as Adobe and DocuSign offer digital signature services. All statements are signed under the penalty of perjury and must be verified by the filer. See Regulation 18723.1(c) for filing instructions for copies of expanded statements. W44, to file: Annual Statements Z March 1, 2023 - Elected State Officers - Judges and Court Commissioners - State Board and State Commission Members listed in Government Code Section 87200 April 3, 2023 - Most other filers Individuals filing under conflict of interest codes in city and county jurisdictions should verify the annual filing date with their filing official or filing officer. Statements postmarked by the filing deadline are considered filed on time. Statements of 30 pages or less may be emailed or faxed by the deadline as long as the originally signed paper version is sent by first class mail to the filing official within 24 hours. Assuming Office and Leaving Office Statements Most filers file within 30 days of assuming or leaving office or within 30 days of the effective date of a newly adopted or amended conflict of interest code. Exception: If you assumed office between October 1, 2022, and December 31, 2022, and filed an assuming office statement, you are not required to file an annual statement until March 1, 2024, or April 1, 2024, whichever is applicable. The annual statement will cover the day after you assumed office through December 31, 2023. (See Reference Pamphlet, page 6, for additional exceptions. Candidate Statements File no later than the final filing date for the declaration of candidacy or nomination documents. A candidate statement is not required if you filed an assuming office or annual statement for the same jurisdiction within 60 days before filing a declaration of candidacy or other nomination documents. Late Statements There is no provision for filing deadline extensions unless the filer is serving in active military duty. (See page 19 for information on penalties and fines.) Amendments Statements may be amended at any time. You are only required to amend the schedule that needs to be revised. It is not necessary to amend the entire filed form. The amended schedule(s) is attached to your original filed statement. Obtain amendment schedules at www.fppc.ca.gov. FPPC Form 700(2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 3 Types of Statements Assuming Office Statement: If you are a newly appointed official or are newly employed in a position designated, or that will be designated, in a state or local agency's conflict of interest code, your assuming office date is the date you were sworn in or otherwise authorized to serve in the position. If you are a newly elected official, your assuming office date is the date you were sworn in. • Report: Investments, interests in real property, and business positions held on the date you assumed the office or position must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date you assumed the office or position. For positions subject to confirmation by the State Senate or the Commission on Judicial Appointments, your assuming office date is the date you were appointed or nominated to the position. • Example: Maria Lopez was nominated by the Governor to serve on a state agency board that is subject to state Senate confirmation. The assuming office date is the date Maria's nomination is submitted to the Senate. Maria must report investments, interests in real property, and business positions Maria holds on that date, and income (including loans, gifts, and travel payments) received during the 12 months prior to that date. If your office or position has been added to a newly adopted or newly amended conflict of interest code, use the effective date of the code or amendment, whichever is applicable. Report: Investments, interests in real property, and business positions held on the effective date of the code or amendment must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the effective date of the code or amendment. Annual Statement: Generally, the period covered is January 1, 2022, through December 31, 2022. If the period covered by the statement is different than January 1, 2022, through December 31, 2022, (for example, you assumed office between October 1, 2021, and December 31, 2021 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 2022. • 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, 2022, through the date you stopped performing the duties of your position. If the period covered differs from January 1, 2022, through the date you stopped performing the duties of your position (for example, you assumed office between October 1, 2021, and December 31, 2021, or you are combining statements), the period covered must be specified. The reporting period can cover parts of two calendar years. • Report: Investments, interests in real property, business positions held, and income (including loans, gifts, and travel payments) received during the period covered by the statement. Do not change the preprinted dates on Schedules A-1, A-2, and B unless you are required to report the acquisition or disposition of an interest that did not occur in 2022. Candidate Statement: If you are filing a statement in connection with your candidacy for state or local office, investments, interests in real property, and business positions held on the date of filing your declaration of candidacy must be reported. In addition, income (including loans, gifts, and travel payments) received during the 12 months prior to the date of filing your declaration of candidacy is reportable. Do not change the preprinted dates on Schedules A-1, A-2, and B. Candidates running for local elective offices (e.g., county sheriffs, city clerks, school board trustees, or water district board members) must file candidate statements, as required by the conflict of interest code for the elected position. The code may be obtained from the agency of the elected position. Amendments: If you discover errors or omissions on any statement, file an amendment as soon as possible. You are only required to amend the schedule that needs to be revised; it is not necessary to refile the entire form. Obtain amendment schedules from the FPPC website at www.fppc.ca.gov. Note: Once you file your statement, you may not withdraw it. All changes must be noted on amendment schedules. Expanded Statement: If you hold multiple positions subject to reporting requirements, you may be able to file an expanded statement for each position, rather than a separate and distinct statement for each position. The expanded statement must cover all reportable interests for all jurisdictions and list all positions on the Form 700 or on an attachment for which it is filed. The rules and processes governing the filing of an expanded statement are set forth in Regulation 18723.1. FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 4 Please type or print in ink. NAME OF FILER (LAST) 1. Office, Agency, or Court Agency Name (Do not use acronyms) Division, Board, Department, District, if applicable STATEMENT OF ECONOMIC INTERESTS Date Initial nit i l Filing ili Us OnlyDeceived Filing COVER PAGE A PUBLIC DOCUMENT (FIRST) (MIDDLE) Your Position ► If filing for multiple positions, list below or on an attachment. (Do not use acronyms) Agency: 2. Jurisdiction of Office (Check at least one box) State Multi -County City of 3. Type of Statement (Check at least one box) F_ Annual: The period covered is January 1, 2022, through December 31, 2022. -or- The period covered is I through December 31, 2022. ❑ Assuming Office: Date assumed I Candidate: Date of Election Position: ❑ Judge, Retired Judge, Pro Tern Judge, or Court Commissioner (Statewide Jurisdiction) ❑ County of ❑ Other ❑ Leaving Office: Date Left I (Check one circle.) F The period covered is January 1, 2022, through the date of leaving office. .or- F The period covered is through the date of leaving office. and office sought, if different than Part 1: Schedule Summary (required) ► Total number of pages including this cover page: Schedules attached Schedule A-1 - Investments — schedule attached ❑ Schedule C - Income, Loans, & Business Positions — schedule attached Schedule A-2 - Investments — schedule attached Schedule D - Income — Gifts — schedule attached Schedule B - Real Property — schedule attached ❑ Schedule E - Income — Gifts — Travel Payments — schedule attached -Or- ❑ None - No reportable interests on any schedule 5. Verification MAILING ADDRESS STREET CITY (Business or Agency Address Recommended - Public Document) DAYTIME TELEPHONE NUMBER EMAIL ADDRESS ( ) STATE ZIP CODE I have used all reasonable diligence in preparing this statement. I have reviewed this statement and to the best of my knowledge the information contained herein and in any attached schedules is true and complete. I acknowledge this is a public document. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date Signed Signature (month, day, year) (File the originally signed paper statement with your filing official.) FPPC Form 700 -Cover Page (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 5 Instructions Cover Page Enter your name, mailing address, and daytime telephone If your agency is not a state office, court, county office, city number in the spaces provided. Because the Form 700 is a office, or multi -county office (e.g., school districts, special public document, you may list your business/office address districts and JPAs), check the "other" box and enter the instead of your home address. county or city in which the agency has jurisdiction. Part 1. Office, Agency, or Court • Enter the name of the office sought or held, or the agency or court. Consultants must enter the public agency name rather than their private firm's name. (Examples: State Assembly; Board of Supervisors; Office of the Mayor; Department of Finance; Hope County Superior Court). • Indicate the name of your division, board, or district, if applicable. (Examples: Division of Waste Management; Board of Accountancy; District 45). Do not use acronyms. • Enter your position title. (Examples: Director; Chief Counsel; City Council Member; Staff Services Analyst). • If you hold multiple positions (i.e., a city council member who also is a member of a county board or commission) you may be required to file separate and distinct statements with each agency. To simplify your filing obligations, in some cases you may instead complete a single expanded statement and file it with each agency. • The rules and processes governing the filing of an expanded statement are set forth in Regulation 18723.1. To file an expanded statement for multiple positions, enter the name of each agency with which you are required to file and your position title with each agency in the space provided. Do not use acronyms. Attach an additional sheet if necessary. Complete one statement disclosing all reportable interests for all jurisdictions. Then file the expanded statement with each agency as directed by Regulation 18723.1(c). If you assume or leave a position after a filing deadline, you must complete a separate statement. For example, a city council member who assumes a position with a county special district after the April annual filing deadline must file a separate assuming office statement. In subsequent years, the city council member may expand their annual filing to include both positions. Example: Brian Bourne is a city council member for the City of Lincoln and a board member for the Camp Far West Irrigation District — a multi -county agency that covers the Counties of Placer and Yuba. The City is located within Placer County. Brian may complete one expanded statement to disclose all reportable interests for both offices and list both positions on the Cover Page. Brian will file the expanded statement with each the City and the District as directed by Regulation 18723.1(c). Part 2. Jurisdiction of Office • Check the box indicating the jurisdiction of your agency and, if applicable, identify the jurisdiction. Judges, judicial candidates, and court commissioners have statewide jurisdiction. All other filers should review the Reference Pamphlet, page 13, to determine their jurisdiction. • If your agency is a multi -county office, list each county in which your agency has jurisdiction. Example: This filer is a member of a water district board with jurisdiction in portions of Yuba and Sutter Counties. 1. Office, Agency, or Court Acy Name (Do not use acronyms) Zther River Irrigation District DNision, Board, Department, District, if applicable Year Position N/A Board Member . If filing for multiple positions, list below or on an attachment (Do not use aconyms) Agency: N/A Peslr- 2. Jurisdiction of Office (check at feast one bo.) state E] Judge or Court Commissioner (Statewide Jurisdiction) Multi -County Yuba & Sutter Counties County of ❑ City of ❑ Other Part 3. Type of Statement Check at least one box. The period covered by a statement is determined by the type of statement you are filing. If you are completing a 2022 annual statement, do not change the pre-printed dates to reflect 2023. Your annual statement is used for reporting the previous year's economic interests. Economic interests for your annual filing covering January 1, 2023, through December 31, 2023, will be disclosed on your statement filed in 2024. See Reference Pamphlet, page 4. Combining Statements: Certain types of statements for the same position may be combined. For example, if you leave office after January 1, but before the deadline for filing your annual statement, you may combine your annual and leaving office statements. File by the earliest deadline. Consult your filing officer or the FPPC. Part 4. Schedule Summary • Complete the Schedule Summary after you have reviewed each schedule to determine if you have reportable interests. • Enter the total number of completed pages including the cover page and either check the box for each schedule you use to disclose interests; or if you have nothing to disclose on any schedule, check the "No reportable interests" box. Please do not attach any blank schedules. Part 5. Verification Complete the verification by signing the statement and entering the date signed. Each statement must have an original "wet" signature unless filed with a secure electronic signature. (See page 3 above.)All statements must be signed under penalty of perjury and be verified by the filer pursuant to Government Code Section 81004. See Regulation 18723.1(c) for filing instructions for copies of expanded statements. When you sign your statement, you are stating, under penalty of perjury, that it is true and correct. Only the filer has authority to sign the statement. An unsigned statement is not considered filed and you may be subject to late filing penalties. FPPC Form 700 -Cover Page (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 6 SCHEDULE A-1 Investments Stocks, Bonds, and Other Interests (Ownership Interest is Less Than 10%) Investments must be itemized. Do not attach brokerage or financial statements. ► NAME OF BUSINESS ENTITY ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $2,000 - $10,000 n $100,001 - $1,000,000 n Over $1,000,000 $100,001 - $1,000,000 $10,001 - $100,000 Over $1,000,000 NATURE OF INVESTMENT NATURE OF INVESTMENT Stock Other Stock Other (Describe) (Describe) F-I Partnership F Income Received of $0 - $499 Partnership Income Received of $0 - $499 F- Income Received of $500 or More (Report on Schedule C) Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: IF APPLICABLE, LIST DATE: / /22 /22 / /22 / /22 ACQUIRED DISPOSED ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE n $2,000 - $10,000 n $10,001 - $100,000 n $100,001 - $1,000,000 n Over $1,000,000 NATURE OF INVESTMENT Stock Other (Describe) Partnership I Income Received of $0 - $499 F- Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: — / /22 /22 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 nNATURE OF INVESTMENT Stock Other (Describe) n Partnership I Income Received of $0 - $499 F- Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: � /22 /22 ACQUIRED DISPOSED Comments: GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 NATURE OF INVESTMENT Stock Other (Describe) Partnership Income Received of $0 - $499 Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: //22 //22 ACQUIRED DISPOSED ► NAME OF BUSINESS ENTITY GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 Over $1,000,000 NATURE OF INVESTMENT Stock Other (Describe) Partnership Income Received of $0 - $499 Income Received of $500 or More (Report on Schedule C) IF APPLICABLE, LIST DATE: �/22 /22 ACQUIRED DISPOSED FPPC Form 700 - Schedule A-1 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 7 Instructions — Schedules A-1 and A-2 Investments "Investment" means a financial interest in any business entity (including a consulting business or other independent contracting business) that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more at any time during the reporting period. (See Reference Pamphlet, page 13.) Reportable investments include: • Stocks, bonds, warrants, and options, including those held in margin or brokerage accounts and managed investment funds (See Reference Pamphlet, page 13.) • Sole proprietorships • Your own business or your spouse's or registered domestic partner's business (See Reference Pamphlet, page 8, for the definition of "business entity.") • Your spouse's or registered domestic partner's investments even if they are legally separate property • Partnerships (e.g., a law firm or family farm) • Investments in reportable business entities held in a retirement account (See Reference Pamphlet, page 15.) • If you, your spouse or registered domestic partner, and dependent children together had a 10% or greater ownership interest in a business entity or trust (including a living trust), you must disclose investments held by the business entity or trust. (See Reference Pamphlet, page 16, for more information on disclosing trusts.) • Business trusts You are not required to disclose: • Government bonds, diversified mutual funds, certain funds similar to diversified mutual funds (such as exchange traded funds) and investments held in certain retirement accounts. (See Reference Pamphlet, page 13.) (Regulation 18237) • Bank accounts, savings accounts, money market accounts and certificates of deposits • Cryptocurrency • Insurance policies • Annuities • Commodities • Shares in a credit union • Government bonds (including municipal bonds) Reminders • Do you know your agency's jurisdiction? • Did you hold investments at any time during the period covered by this statement? • Code filers — your disclosure categories may only require disclosure of specific investments. • Retirement accounts invested in non -reportable interests (e.g., insurance policies, mutual funds, or government bonds) (See Reference Pamphlet, page 15.) • Government defined -benefit pension plans (such as CalPERS and CaISTRS plans) • Certain interests held in a blind trust (See Reference Pamphlet, page 16.) Use Schedule A-1 to report ownership of less than 10% (e.g., stock). Schedule C (Income) may also be required if the investment is not a stock or corporate bond. (See second example below.) Use Schedule A-2 to report ownership of 10% or greater (e.g., a sole proprietorship). To Complete Schedule A-1: Do not attach brokerage or financial statements. • Disclose the name of the business entity. Do not use acronyms for the name of the business entity. • Provide a general description of the business activity of the entity (e.g., pharmaceuticals, computers, automobile manufacturing, or communications). • Check the box indicating the highest fair market value of your investment during the reporting period. If you are filing a candidate or an assuming office statement, indicate the fair market value on the filing date or the date you took office, respectively. (See page 20 for more information.) • Identify the nature of your investment (e.g., stocks, warrants, options, or bonds). • An acquired or disposed of date is only required if you initially acquired or entirely disposed of the investment interest during the reporting period. The date of a stock dividend reinvestment or partial disposal is not required. Generally, these dates will not apply if you are filing a candidate or an assuming office statement. Examples: Frank Byrd holds a state agency position. Frank's conflict of interest code requires full disclosure of investments. Frank must disclose stock holdings of $2,000 or more in any company that is located in or does business in California, as well as those stocks held by Franks's spouse or registered domestic partner and dependent children. Alice Lance is a city council member. Alice has a 4% interest, worth $5,000, in a limited partnership located in the city. Alice must disclose the partnership on Schedule A-1 and income of $500 or more received from the partnership on Schedule C. FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 8 SCHEDULE A-2 Investments, Income, and Assets of Business Entities/Trusts (Ownership Interest is 10% or Greater) Name Address (Business Address Acceptable) Check one ❑ Trust, go to 2 ❑ Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $0 - $1,999 ❑ $2,000 - $10,000 //22 //22 ❑ $10,001 - $100,000 ACQUIRED DISPOSED ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT Partnership ❑ Sole Proprietorship Other YOUR BUSINESS POSITION SHARE OF -•SS INCOME TO THE ENTITY/TRUST) ❑ $0 - $499 $10,001 - $100,000 ❑ $500 - $1,000 OVER $100,000 ❑ $1,001 - $10,000 Ili- 3. LIST THE NAME OF •-TABLE SINGLE SOURCE OF INCOMEOF $10,000 OR •- None or ❑ Names listed below • INTERESTS IN REAL PROPERTY• OR LEASED BY THE BUSINESS ENTITY OR Check one box: INVESTMENT REAL PROPERTY Name of Business Entity, if Investment, or Assessor's Parcel Number or Street Address of Real Property Description of Business Activity or City or Other Precise Location of Real Property FAIR MARKET VALUE IF APPLICABLE, LIST DATE: $2,000 - $10,000 $10,001 - $100,000 $100,001 - $1,000,000 ACQUIRED DISPOSED Over $1,000,000 NATURE OF INTEREST Property Ownership/Deed of Trust Stock ❑ Partnership Leasehold ❑ Other Yrs. remaining Check box if additional schedules reporting investments or real property are attached CALIFORNIA FORM 700 FAIR POLITICAL PRACTICES COMMISSION 11- 1. BUSINESS ENTITY OR TRUST Name Address (Business Address Acceptable) Check one ❑ Trust, go to 2 [ Business Entity, complete the box, then go to 2 GENERAL DESCRIPTION OF THIS BUSINESS FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $0 - $1,999 ❑ $2,000 - $10,000 /22 /22 ❑ $10,001 - $100,000 ACQUIRED DISPOSED ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INVESTMENT Partnership ❑ Sole Proprietorship ❑ Other YOUR BUSINESS POSITION SHARE OF -•SS INCOME TO THE ENTITYITRUST) ❑ $0 - $499 ❑ $10,001 - $100,000 ❑ $500 - $1,000 OVER $100,000 ❑ $1,001 - $10,000 No- 3. LIST THE NAME OF •RTABLE SINGLE SOURCE OF INCOMEOF $10,000 OR • ❑ None or Names listed below op- 4. INVESTMENTS • INTERESTS IN REAL PROPERTY• OR LEASED BY OR Check one box: ❑ INVESTMENT ❑ REAL PROPERTY Name of Business Entity, if Investment, or Assessor's Parcel Number or Street Address of Real Property Description of Business Activity or City or Other Precise Location of Real Property FAIR MARKET VALUE IF APPLICABLE, LIST DATE: ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ACQUIRED DISPOSED ❑ Over $1,000,000 NATURE OF INTEREST ❑ Property Ownership/Deed of Trust ❑ Stock Partnership ❑ Leasehold Other Yrs. remaining ❑ Check box if additional schedules reporting investments or real property are attached Comments: FPPC Form 700 -Schedule A-2 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 9 Instructions — Schedule A-2 Investments, Income, and Assets of Business Entities/Trusts Use Schedule A-2 to report investments in a business entity (including a consulting business or other independent contracting business) or trust (including a living trust) in which you, your spouse or registered domestic partner, and your dependent children, together or separately, had a 10% or greater interest, totaling $2,000 or more, during the reporting period and which is located in, doing business in, planning to do business in, or which has done business during the previous two years in your agency's jurisdiction. (See Reference Pamphlet, page 13.) A trust located outside your agency's jurisdiction is reportable if it holds assets that are located in or doing business in the jurisdiction. Do not report a trust that contains non -reportable interests. For example, a trust containing only your personal residence not used in whole or in part as a business, your savings account, and some municipal bonds, is not reportable. Also report on Schedule A-2 investments and real property held by that entity or trust if your pro rata share of the investment or real property interest was $2,000 or more during the reporting period. To Complete Schedule A-2: Part 1. Disclose the name and address of the business entity or trust. If you are reporting an interest in a business entity, check "Business Entity" and complete the box as follows: • Provide a general description of the business activity of the entity. • Check the box indicating the highest fair market value of your investment during the reporting period. • If you initially acquired or entirely disposed of this interest during the reporting period, enter the date acquired or disposed. • Identify the nature of your investment. • Disclose the job title or business position you held with the entity, if any (i.e., if you were a director, officer, partner, trustee, employee, or held any position of management). A business position held by your spouse is not reportable. Part 2. Check the box indicating your pro rata share of the gross income received by the business entity or trust. This amount includes your pro rata share of the gross income from the business entity or trust, as well as your community property interest in your spouse's or registered domestic partner's share. Gross income is the total amount of income before deducting expenses, losses, or taxes. Part 3. Disclose the name of each source of income that is located in, doing business in, planning to do business in, or that has done business during the previous two years in your agency's jurisdiction, as follows: Disclose each source of income and outstanding loan to the business entity or trust identified in Part 1 if your pro rata share of the gross income (including your community property interest in your spouse's or registered domestic partner's share) to the business entity or trust from that source was $10,000 or more during the reporting period. (See Reference Pamphlet, page 11, for examples.) Income from governmental sources may be reportable if not considered salary. See Regulation 18232. Loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status are not reportable. • Disclose each individual or entity that was a source of commission income of $10,000 or more during the reporting period through the business entity identified in Part 1. (See Reference Pamphlet, page 8.) You may be required to disclose sources of income located outside your jurisdiction. For example, you may have a client who resides outside your jurisdiction who does business on a regular basis with you. Such a client, if a reportable source of $10,000 or more, must be disclosed. Mark "None" if you do not have any reportable $10,000 sources of income to disclose. Phrases such as "various clients" or "not disclosing sources pursuant to attorney -client privilege" are not adequate disclosure. (See Reference Pamphlet, page 14, for information on procedures to request an exemption from disclosing privileged information.) Part 4. Report any investments or interests in real property held or leased by the entity or trust identified in Part 1 if your pro rata share of the interest held was $2,000 or more during the reporting period. Attach additional schedules or use FPPC's Form 700 Excel spreadsheet if needed. • Check the applicable box identifying the interest held as real property or an investment. • If investment, provide the name and description of the business entity. • If real property, report the precise location (e.g., an assessor's parcel number or address). • Check the box indicating the highest fair market value of your interest in the real property or investment during the reporting period. (Report the fair market value of the portion of your residence claimed as a tax deduction if you are utilizing your residence for business purposes.) • Identify the nature of your interest. • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property or investment during the reporting period. FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -10 SCHEDULE B Interests in Real Property (Including Rental Income) ► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INTEREST ❑ Ownership/Deed of Trust ❑ Leasehold IF APPLICABLE, LIST DATE: //22 --J--J22 ACQUIRED DISPOSED ❑ Easement ❑ Yrs. remaining Other IF RENTAL PROPERTY, GROSS INCOME RECEIVED ❑ $0 - $499 $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 SOURCES OF RENTAL INCOME: If you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. ❑ None Name ► ASSESSOR'S PARCEL NUMBER OR STREET ADDRESS CITY FAIR MARKET VALUE ❑ $2,000 - $10,000 ❑ $10,001 - $100,000 ❑ $100,001 - $1,000,000 ❑ Over $1,000,000 NATURE OF INTEREST ❑ Ownership/Deed of Trust ❑ Leasehold IF APPLICABLE, LIST DATE: //22 J22 ACQUIRED DISPOSED ❑ Easement Yrs. remaining Other IF RENTAL PROPERTY, GROSS INCOME RECEIVED ❑ $0 - $499 ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 SOURCES OF RENTAL INCOME: If you own a 10% or greater interest, list the name of each tenant that is a single source of income of $10,000 or more. ❑ None * You are not required to report loans from a commercial lending institution made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER* ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY. IF ANY. OF LENDER INTEREST RATE TERM (Months/Years) None HIGHEST BALANCE DURING REPORTING PERIOD ❑ $500 - $1,000 ❑ $1,001 - $10,000 ❑ $10,001 - $100,000 ❑ OVER $100,000 ❑ Guarantor, if applicable Comments: NAME OF LENDER" ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF LENDER INTEREST RATE TERM (Months/Years) % None HIGHEST BALANCE DURING REPORTING PERIOD $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 ❑ OVER $100,000 Guarantor, if applicable FPPC Form 700 -Schedule B (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -11 Instructions — Schedule B Interests in Real Property Report interests in real property located in your agency's jurisdiction in which you, your spouse or registered domestic partner, or your dependent children had a direct, indirect, or beneficial interest totaling $2,000 or more any time during the reporting period. Real property is also considered to be "within the jurisdiction" of a local government agency if the property or any part of it is located within two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency. (See Reference Pamphlet, page 13.) Interests in real property include: • An ownership interest (including a beneficial ownership interest) • A deed of trust, easement, or option to acquire property • A leasehold interest (See Reference Pamphlet, page 14.) • A mining lease • An interest in real property held in a retirement account (See Reference Pamphlet, page 15.) • An interest in real property held by a business entity or trust in which you, your spouse or registered domestic partner, and your dependent children together had a 10% or greater ownership interest (Report on Schedule A-2.) • Your spouse's or registered domestic partner's interests in real property that are legally held separately by him or her You are not required to report: • A residence, such as a home or vacation cabin, used exclusively as a personal residence (However, a residence in which you rent out a room or for which you claim a business deduction may be reportable. If reportable, report the fair market value of the portion claimed as a tax deduction.) • Some interests in real property held through a blind trust (See Reference Pamphlet, page 16.) is Please note: A non -reportable property can still be grounds for a conflict of interest and may be disqualifying. To Complete Schedule B: • Report the precise location (e.g., an assessor's parcel number or address) of the real property. • Check the box indicating the fair market value of your interest in the property (regardless of what you owe on the property). • Enter the date acquired or disposed only if you initially acquired or entirely disposed of your interest in the property during the reporting period. • Identify the nature of your interest. If it is a leasehold, Reminders • Income and loans already reported on Schedule B are not also required to be reported on Schedule C. • Real property already reported on Schedule A-2, Part 4 is not also required to be reported on Schedule B. • Code filers — do your disclosure categories require disclosure of real property? disclose the number of years remaining on the lease. • If you received rental income, check the box indicating the gross amount you received. • If you had a 10% or greater interest in real property and received rental income, list the name of the source(s) if your pro rata share of the gross income from any single tenant was $10,000 or more during the reporting period. If you received a total of $10,000 or more from two or more tenants acting in concert (in most cases, this will apply to married couples), disclose the name of each tenant. Otherwise, mark "None." • Loans from a private lender that total $500 or more and are secured by real property may be reportable. Loans from commercial lending institutions made in the lender's regular course of business on terms available to members of the public without regard to your official status are not reportable. When reporting a loan: - Provide the name and address of the lender. - Describe the lender's business activity. - Disclose the interest rate and term of the loan. For variable interest rate loans, disclose the conditions of the loan (e.g., Prime + 2) or the average interest rate paid during the reporting period. The term of a loan is the total number of months or years given for repayment of the loan at the time the loan was established. - Check the box indicating the highest balance of the loan during the reporting period. - Identify a guarantor, if applicable. If you have more than one reportable loan on a single piece of real property, report the additional loan(s) on Schedule C. Example: Allison Gande is a city planning commissioner. During the reporting period, Allison received rental income of $12,000, from a single tenant who rented property owned in the city's jurisdiction. If Allison received $6,000 each from two tenants, the tenants' names would not be required because no single tenant paid her $10,000 or more. A married couple is considered a single tenant. 4600 24thAStrell etMBER oR STREET ADDREss Sacramento iF APPLICABLE. LIST DATE'. $1 JJ XX JJ XX o $, oo ACQUIRED DISPOSED El tea, $,.000.Doo pTw,�aBn P,Daa� p, Tom„ ❑ Easamas, :NTsRGREo GROSS oDME R:ooo $�S ,ao, , $1-0 o 1o.00, s,w000 ❑ o ER smo.000 ' $10.00o or Y...oN Henry Wells NAME OF LENDER' Sophia Petroillo ADDRESS ISuvness A— APv feb1A) 2121 Blue Sky Parkway, Sacramento ED iNESS ACTIVITY. IF ANY. OF LENDER Restaurant Owner IN REST RAT TER. (Mon,l,sl,'eare) 8 , ❑ Nope 15 Years B—NCE DURING REPORTING PERIOD HIGHEST $$oo . $, OW ❑ $, oo, . B,BaaD I]$,n00,-$100 WO OVER $,0 W0 ❑ Guam ,, if app iw Comments: FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 Is www.fppc.ca.gov Page -12 SCHEDULE C Income, Loans, & Business Positions (Other than Gifts and Travel Payments) NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION GROSS INCOME RECEIVED ] No Income - Business Position Only n $500 - $1,000 n $1,001 - $10,000 n $10,001 - $100,000 OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED Salary Spouse's or registered domestic partner's income (For self-employed use Schedule A-2.) Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) n Sale of (Real property, car, boat, etc.) Loan repayment Commission or F- Rental Income, list each source of S10,000 or more n Other (Describe) (Describe) Name NAME OF SOURCE OF INCOME ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE YOUR BUSINESS POSITION GROSS INCOME RECEIVED No Income - Business Position Only F- $500 - $1,000 n $1,001 - $10,000 F $10,001 - $100,000 n OVER $100,000 CONSIDERATION FOR WHICH INCOME WAS RECEIVED Salary Spouse's or registered domestic partner's income (For self-employed use Schedule A-2.) Partnership (Less than 10% ownership. For 10% or greater use Schedule A-2.) n Sale of (Real property, car, boat, etc.) Loan repayment Commission or Rental Income, list each source of $10,000 or more F- Other (Describe) (Describe) * You are not required to report loans from a commercial lending institution, or any indebtedness created as part of a retail installment or credit card transaction, made in the lender's regular course of business on terms available to members of the public without regard to your official status. Personal loans and loans received not in a lender's regular course of business must be disclosed as follows: NAME OF LENDER' INTEREST RATE TERM (Months/Years) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY. IF ANY. OF LENDER HIGHEST BALANCE DURING REPORTING PERIOD $500 - $1,000 $1,001 - $10,000 $10,001 - $100,000 OVER $100,000 Comments: % [ None SECURITY FOR LOAN F- None F- Personal residence F- Real Property Street address Guarantor Other city (Describe) FPPC Form 700 -Schedule C (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -13 Instructions — Schedule C Income, Loans, & Business Positions (Income Other Than Gifts and Travel Payments) Reporting Income: Report the source and amount of gross income of $500 or more you received during the reporting period. Gross income is the total amount of income before deducting expenses, losses, or taxes and includes loans other than loans from a commercial lending institution. (See Reference Pamphlet, page 11.) You must also report the source of income to your spouse or registered domestic partner if your community property share was $500 or more during the reporting period. The source and income must be reported only if the source is located in, doing business in, planning to do business in, or has done business during the previous two years in your agency's jurisdiction. (See Reference Pamphlet, page 13.) Reportable sources of income may be further limited by your disclosure category located in your agency's conflict of interest code. Reporting Business Positions: You must report your job title with each reportable business entity even if you received no income during the reporting period. Use the comments section to indicate that no income was received. Commonly reportable income and loans include: • Salary/wages, per diem, and reimbursement for expenses including travel payments provided by your employer • Community property interest (50%) in your spouse's or registered domestic partner's income - report the employer's name and all other required information • Income from investment interests, such as partnerships, reported on Schedule A-1 • Commission income not required to be reported on Schedule A-2 (See Reference Pamphlet, page 8.) • Gross income from any sale, including the sale of a house or car (Report your pro rata share of the total sale price.) • Rental income not required to be reported on Schedule B • Prizes or awards not disclosed as gifts • Payments received on loans you made to others • An honorarium received prior to becoming a public official (See Reference Pamphlet, page 10.) • Incentive compensation (See Reference Pamphlet, page 12.) Reminders • Code filers — your disclosure categories may not require disclosure of all sources of income. • If you or your spouse or registered domestic partner are self-employed, report the business entity on Schedule A-2. • Do not disclose on Schedule C income, loans, or business positions already reported on Schedules A-2 or B. You are not required to report: • Salary, reimbursement for expenses or per diem, or social security, disability, or other similar benefit payments received by you or your spouse or registered domestic partner from a federal, state, or local government agency. • Stock dividends and income from the sale of stock unless the source can be identified. • Income from a PIERS retirement account. (See Reference Pamphlet, page 12.) To Complete Schedule C: Part 1. Income Received/Business Position Disclosure • Disclose the name and address of each source of income or each business entity with which you held a business position. • Provide a general description of the business activity if the source is a business entity. • Check the box indicating the amount of gross income received. • Identify the consideration for which the income was received. • For income from commission sales, check the box indicating the gross income received and list the name of each source of commission income of $10,000 or more. (See Reference Pamphlet, page 8.) Note: If you receive commission income on a regular basis or have an ownership interest of 10% or more, you must disclose the business entity and the income on Schedule A-2. • Disclose the job title or business position, if any, that you held with the business entity, even if you did not receive income during the reporting period. Part 2. Loans Received or Outstanding During the Reporting Period • Provide the name and address of the lender. • Provide a general description of the business activity if the lender is a business entity. • Check the box indicating the highest balance of the loan during the reporting period. • Disclose the interest rate and the term of the loan. - For variable interest rate loans, disclose the conditions of the loan (e.g., Prime + 2) or the average interest rate paid during the reporting period. - The term of the loan is the total number of months or years given for repayment of the loan at the time the loan was entered into. • Identify the security, if any, for the loan. FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -14 SCHEDULE D Income — Gifts ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) $ $ / $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) $ $ Comments: ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) $ $ ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE (mm/dd/yy) VALUE DESCRIPTION OF GIFT(S) / $ / $ / $ FPPC Form 700 -Schedule D (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -15 Instructions - Schedule D Income - Gifts A gift is anything of value for which you have not provided equal or greater consideration to the donor. A gift is reportable if its fair market value is $50 or more. In addition, multiple gifts totaling $50 or more received during the reporting period from a single source must be reported. It is the acceptance of a gift, not the ultimate use to which it is put, that imposes your reporting obligation. Except as noted below, you must report a gift even if you never used it or if you gave it away to another person. If the exact amount of a gift is unknown, you must make a good faith estimate of the item's fair market value. Listing the value of a gift as "over $50" or "value unknown" is not adequate disclosure. In addition, if you received a gift through an intermediary, you must disclose the name, address, and business activity of both the donor and the intermediary. You may indicate an intermediary either in the "source" field after the name or in the "comments" section at the bottom of Schedule D. Commonly reportable gifts include: • Tickets/passes to sporting or entertainment events • Tickets/passes to amusement parks • Parking passes not used for official agency business • Food, beverages, and accommodations, including those provided in direct connection with your attendance at a convention, conference, meeting, social event, meal, or like gathering • Rebates/discounts not made in the regular course of business to members of the public without regard to official status • Wedding gifts (See Reference Pamphlet, page 16) • An honorarium received prior to assuming office (You may report an honorarium as income on Schedule C, rather than as a gift on Schedule D, if you provided services of equal or greater value than the payment received. See Reference Pamphlet, page 10.) • Transportation and lodging (See Schedule E.) • Forgiveness of a loan received by you Reminders • Gifts from a single source are subject to a $520 limit in 2022. (See Reference Pamphlet, page 10.) • Code filers — you only need to report gifts from reportable sources. Gift Tracking Mobile Application • FPPC has created a gift tracking app for mobile devices that helps filers track gifts and provides a quick and easy way to upload the information to the Form 700. Visit FPPC's website to download the app. You are not required to disclose: • Gifts that were not used and that, within 30 days after receipt, were returned to the donor or delivered to a charitable organization or government agency without being claimed by you as a charitable contribution for tax purposes • Gifts from your spouse or registered domestic partner, child, parent, grandparent, grandchild, brother, sister, and certain other family members (See Regulation 18942 for a complete list.). The exception does not apply if the donor was acting as an agent or intermediary for a reportable source who was the true donor. • Gifts of similar value exchanged between you and an individual, other than a lobbyist registered to lobby your state agency, on holidays, birthdays, or similar occasions • Gifts of informational material provided to assist you in the performance of your official duties (e.g., books, pamphlets, reports, calendars, periodicals, or educational seminars) • A monetary bequest or inheritance (However, inherited investments or real property may be reportable on other schedules.) • Personalized plaques or trophies with an individual value of less than $250 • Campaign contributions • Up to two tickets, for your own use, to attend a fundraiser for a campaign committee or candidate, or to a fundraiser for an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. The ticket must be received from the organization or committee holding the fundraiser. • Gifts given to members of your immediate family if the source has an established relationship with the family member and there is no evidence to suggest the donor had a purpose to influence you. (See Regulation 18943.) • Free admission, food, and nominal items (such as a pen, pencil, mouse pad, note pad or similar item) available to all attendees, at the event at which the official makes a speech (as defined in Regulation 18950(b)(2)), so long as the admission is provided by the person who organizes the event. • Any other payment not identified above, that would otherwise meet the definition of gift, where the payment is made by an individual who is not a lobbyist registered to lobby the official's state agency, where it is clear that the gift was made because of an existing personal or business relationship unrelated to the official's position and there is no evidence whatsoever at the time the gift is made to suggest the donor had a purpose to influence you. To Complete Schedule D: • Disclose the full name (not an acronym), address, and, if a business entity, the business activity of the source. • Provide the date (month, day, and year) of receipt, and disclose the fair market value and description of the gift. FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -16 SCHEDULE E Income — Gifts Travel Payments, Advances, and Reimbursements Mark either the gift or income box. Mark the "501 (c)(3)" box for a travel payment received from a nonprofit 501 (c)(3) organization or the "Speech" box if you made a speech or participated in a panel. Per Government Code Section 89506, these payments may not be subject to the gift limit. However, they may result in a disqualifying conflict of interest. For gifts of travel, provide the travel destination. ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE —] 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S):--J--J- // AMT: $ (If gift) ► MUST CHECK ONE: ❑ Gift -or- ❑ Income ❑ Made a Speech/Participated in a Panel ❑ Other - Provide Description ► If Gift, Provide Travel Destination ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S):---J---J// AMT: $ (If gift) ► MUST CHECK ONE: ❑ Gift -or- ❑ Income ❑ Made a Speech/Participated in a Panel ❑ Other - Provide Description ► If Gift, Provide Travel Destination Comments: ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S):// - --J--JAMT: $ (If gift) ► MUST CHECK ONE: ❑ Gift -or- ❑ Income Made a Speech/Participated in a Panel Other - Provide Description ► If Gift, Provide Travel Destination ► NAME OF SOURCE (Not an Acronym) ADDRESS (Business Address Acceptable) CITY AND STATE U 501 (c)(3) or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S):// - // AMT: $ (If gift) ► MUST CHECK ONE: F- Gift -or- ❑ Income ❑ Made a Speech/Participated in a Panel ❑ Other - Provide Description ► If Gift, Provide Travel Destination FPPC Form 700 - Schedule E (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -17 Instructions — Schedule E Travel Payments, Advances, and Reimbursements Travel payments reportable on Schedule E include advances and reimbursements for travel and related expenses, including lodging and meals. Gifts of travel may be subject to the gift limit. In addition, certain travel payments are reportable gifts, but are not subject to the gift limit. To avoid possible misinterpretation or the perception that you have received a gift in excess of the gift limit, you may wish to provide a specific description of the purpose of your travel. (See the FPPC fact sheet entitled "Limitations and Restrictions on Gifts, Honoraria, Travel, and Loans" to read about travel payments under section 89506(a).) You are not required to disclose: • Travel payments received from any state, local, or federal government agency for which you provided services equal or greater in value than the payments received, such as reimbursement for travel on agency business from your government agency employer. • A payment for travel from another local, state, or federal government agency and related per diem expenses when the travel is for education, training or other inter -agency programs or purposes. • Travel payments received from your employer in the normal course of your employment that are included in the income reported on Schedule C. • A travel payment that was received from a nonprofit entity exempt from taxation under Internal Revenue Code Section 501(c)(3) for which you provided equal or greater consideration, such as reimbursement for travel on business for a 501(c)(3) organization for which you are a board member. Note: Certain travel payments may not be reportable if reported via email on Form 801 by your agency. To Complete Schedule E: • Disclose the full name (not an acronym) and address of the source of the travel payment. • Identify the business activity if the source is a business entity. • Check the box to identify the payment as a gift or income, report the amount, and disclose the date(s). • Travel payments are gifts if you did not provide services that were equal to or greater in value than the payments received. You must disclose gifts totaling $50 or more from a single source during the period covered by the statement. When reporting travel payments that are gifts, you must provide a description of the gift, the date(s) received, and the travel destination. • Travel payments are income if you provided services that were equal to or greater in value than the payments received. You must disclose income totaling $500 or more from a single source during the period covered by the statement. You have the burden of proving the payments are income rather than gifts. When reporting travel payments as income, you must describe the services you provided in exchange for the payment. You are not required to disclose the date(s) for travel payments that are income. Example: City council member MaryClaire Chandler is the chair of a 501(c)(6) trade association, and the association pays for MaryClaire's travel to attend its meetings. Because MaryClaire is deemed to be providing equal or greater consideration for the travel payment by virtue of serving on the board, this payment may be reported as income. Payments for MaryClaire to attend other events for which they are not providing services are likel considered ifts • NAME OF SOURCE (Not an Acronym) Health Services Trade Association ADDRESS (Business Address Acceptable) 1230 K Street, Suite 610 CITY AND STATE Sacramento, CA ❑ 501(c)(3)or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE Association of Healthcare Workers DATE(S): __J__J— AMT $ 550.00 (If gift) • MUST CHECK ONE: Gift -pr- 0X Income O Made a Speech/Participated in a Panel 0• Other - Provide Description Travel reimbursement for board meeting. • It Gift. Provide Travel Destination Y 9 Note that the same payment from a 501(c)(3) would NOT be reportable. Example: Mayor Kim travels to China on a trip organized by China Silicon Valley Business Development, a California nonprofit, 501(c)(6) organization. The Chengdu Municipal People's Government pays for Mayor Kim's airfare and travel costs, as well as meals and lodging during the trip. The trip's agenda shows that the trip's purpose is to promote job creation and economic activity in China and in Silicon Valley, so the trip is reasonably related to • NAME OF SOURCE (Not an Acronym) Chengdu Municipal People's Government ADDRESS (Business Address Acceptable) 2 Caoshi St, CaoShiJie, Qingyang Qu, Chengdu Shi, CITY AND STATE Sichuan Sheng, China, 610000 ❑ 501 (c)(3) Or DESCRIBE BUSINESS ACTIVITY, IF ANY, OF SOURCE DATE(S): 09 / 04 / XX - 091081 XX AMT: $ 3.874.38 (If gift) • MUST CHECK ONE: 0 Gift -or- Income Q Made a Speech/Participated in a Panel �Other - Provide Description Travel reimbursement for p to China. • If Gift, Provitle Travel Oeslination Sichuan Shang, China a governmental purpose. Thus, Mayor Kim must report the gift of travel, but the gift is exempt from the gift limit. In this case, the travel payments are not subject to the gift limit because the source is a foreign government and because the travel is reasonably related to a governmental purpose. (Section 89506(a)(2).) Note that Mayor Kim could be disqualified from participating in or making decisions about The Chengdu Municipal People's Government for 12 months. Also note that if China Silicon Valley Business Development (a 501(c)(6) organization) paid for the travel costs rather than the governmental organization, the payments would be subject to the gift limits. (See the FPPC fact sheet, Limitations and Restrictions on Gifts, Honoraria, Travel and Loans, at www.fppc.ca.gov.) FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -18 Restrictions and Prohibitions The Political Reform Act (Gov. Code Sections 81000- 91014) requires most state and local government officials and employees to publicly disclose their economic interests including personal assets and income. The Act's conflict of interest provisions also disqualify a public official from taking part in a governmental decision if it is reasonably foreseeable that the decision will have a material financial effect on these economic interests as well as the official's personal finances and those of immediate family. (Gov. Code Sections 87100 and 87103.) The Fair Political Practices Commission (FPPC) is the state agency responsible for issuing the attached Statement of Economic Interests, Form 700, and for interpreting the Act's provisions. Gift Prohibition Gifts received by most state and local officials, employees, and candidates are subject to a limit. In 2021-2022, the gift limit increased to $520 from a single source during a calendar year. Additionally, state officials, state candidates, and certain state employees are subject to a $10 limit per calendar month on gifts from lobbyists and lobbying firms registered with the Secretary of State. See Reference Pamphlet, page 10. State and local officials and employees should check with their agency to determine if other restrictions apply. Disqualification Public officials are, under certain circumstances, required to disqualify themselves from making, participating in, or attempting to influence governmental decisions that will affect their economic interests. This may include interests they are not required to disclose. For example, a personal residence is often not reportable, but may be grounds for disqualification. Specific disqualification requirements apply to 87200 filers (e.g., city councilmembers, members of boards of supervisors, planning commissioners, etc.). These officials must publicly identify the economic interest that creates a conflict of interest and leave the room before a discussion or vote takes place at a public meeting. For more information, consult Government Code Section 87105, Regulation 18707, and the Guide to Recognizing Conflicts of Interest page at www.fppc.ca.gov. Honorarium Ban Most state and local officials, employees, and candidates are prohibited from accepting an honorarium for any speech given, article published, or attendance at a conference, convention, meeting, or like gathering. (See Reference Pamphlet, page 10.) Loan Restrictions Certain state and local officials are subject to restrictions on loans. (See Reference Pamphlet, page 14.) Post -Governmental Employment There are restrictions on representing clients or employers before former agencies. The provisions apply to elected state officials, most state employees, local elected officials, county chief administrative officers, city managers, including the chief administrator of a city, and general managers or chief administrators of local special districts and JPAs. The FPPC website has fact sheets explaining the provisions. Late Filing The filing officer who retains originally -signed or electronically filed statements of economic interests may impose on an individual a fine for any statement that is filed late. The fine is $10 per day up to a maximum of $100. Late filing penalties may be reduced or waived under certain circumstances. Persons who fail to timely file their Form 700 may be referred to the FPPC's Enforcement Division (and, in some cases, to the Attorney General or district attorney) for investigation and possible prosecution. In addition to the late filing penalties, a fine of up to $5,000 per violation may be imposed. For assistance concerning reporting, prohibitions, and restrictions under the Act: • Email questions to advice@fppc.ca.gov. • Call the FPPC toll -free at (866) 275-3772. Form 700 is a Public Document Public Access Must Be Provided Statements of Economic Interests are public documents. The filing officer must permit any member of the public to inspect and receive a copy of any statement. • Statements must be available as soon as possible during the agency's regular business hours, but in any event not later than the second business day after the statement is received. Access to the Form 700 is not subject to the Public Records Act procedures. • No conditions may be placed on persons seeking access to the forms. • No information or identification may be required from persons seeking access. • Reproduction fees of no more than 10 cents per page may be charged. FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page -19 Questions and Answers General Q. What is the reporting period for disclosing interests on an assuming office statement or a candidate statement? Q. My spouse and I are currently separated and in the process of obtaining a divorce. Must I still report my spouse's income, investments, and interests in real property? A. On an assuming office statement, disclose all A. reportable investments, interests in real property, and business positions held on the date you assumed office. In addition, you must disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you assumed office. On a candidate statement, disclose all reportable investments, interests in real property, and business positions held on the date you file your declaration of candidacy. You must also disclose income (including loans, gifts and travel payments) received during the 12 months prior to the date you file your declaration of candidacy. Q. I hold two other board positions in addition to my position with the county. Must I file three statements of economic interests? A. Yes, three are required. However, you may instead complete an expanded statement listing the county and the two boards on the Cover Page or an attachment as the agencies for which you will be filing. Disclose all reportable economic interests in all three jurisdictions on the expanded statement. File the expanded statement for your primary position providing an original "wet" signature unless filed with a secure electronic signature. (See page 3 above.) File copies of the expanded statement with the other two agencies as required by Regulation 18723.1(c). Remember to complete separate statements for positions that you leave or assume during the year. Q. I am a department head who recently began acting as city manager. Should I file as the city manager? A. Yes. File an assuming office statement as city manager. Persons serving as "acting," "interim," or "alternate" must file as if they hold the position because they are or may be performing the duties of the position. Yes. A public official must continue to report a spouse's economic interests until such time as dissolution of marriage proceedings is final. However, if a separate property agreement has been reached prior to that time, your estranged spouse's income may not have to be reported. Contact the FPPC for more information. Q. As a designated employee, I left one state agency to work for another state agency. Must I file a leaving office statement? A. Yes. You may also need to file an assuming office statement for the new agency. Investment Disclosure Q. I have an investment interest in shares of stock in a company that does not have an office in my jurisdiction. Must I still disclose my investment interest in this company? A. Probably. The definition of "doing business in the jurisdiction" is not limited to whether the business has an office or physical location in your jurisdiction. (See Reference Pamphlet, page 13.) Q. My spouse and I have a living trust. The trust holds rental property in my jurisdiction, our primary residence, and investments in diversified mutual funds. I have full disclosure. How is this trust disclosed? A. Disclose the name of the trust, the rental property and its income on Schedule A-2. Your primary residence and investments in diversified mutual funds registered with the SEC are not reportable. Q. I am required to report all investments. I have an IRA that contains stocks through an account managed by a brokerage firm. Must I disclose these stocks even though they are held in an IRA and I did not decide which stocks to purchase? A. Yes. Disclose on Schedule A-1 or A-2 any stock worth $2,000 or more in a business entity located in or doing business in your jurisdiction. FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 20 Questions and Answers Continued Q. The value of my stock changed during the reporting period. How do I report the value of the stock? A. You are required to report the highest value that the stock reached during the reporting period. You may use your monthly statements to determine the highest value. You may also use the entity's website to determine the highest value. You are encouraged to keep a record of where you found the reported value. Note that for an assuming office statement, you must report the value of the stock on the date you assumed office. Q. I am the sole owner of my business, an S-Corporation. I believe that the nature of the business is such that it cannot be said to have any "fair market value" because it has no assets. I operate the corporation under an agreement with a large insurance company. My contract does not have resale value because of its nature as a personal services contract. Must I report the fair market value for my business on Schedule A-2 of the Form 700? A. Yes. Even if there are no tangible assets, intangible assets, such as relationships with companies and clients are commonly sold to qualified professionals. The "fair market value" is often quantified for other purposes, such as marital dissolutions or estate planning. In addition, the IRS presumes that "personal services corporations" have a fair market value. A professional "book of business" and the associated goodwill that generates income are not without a determinable value. The Form 700 does not require a precise fair market value; it is only necessary to check a box indicating the broad range within which the value falls. Q. I own stock in IBM and must report this investment on Schedule A-1. I initially purchased this stock in the early 1990s; however, I am constantly buying and selling shares. Must I note these dates in the "Acquired" and "Disposed" fields? A. No. You must only report dates in the "Acquired" or "Disposed" fields when, during the reporting period, you initially purchase a reportable investment worth $2,000 or more or when you dispose of the entire investment. You are not required to track the partial trading of an investment. Q. On last year's filing I reported stock in Encoe valued at $2,000 - $10,000. Late last year the value of this stock fell below and remains at less than $2,000. How should this be reported on this year's statement? A. You are not required to report an investment if the value was less than $2,000 during the entire reporting period. However, because a disposed date is not required for stocks that fall below $2,000, you may want to report the stock and note in the "comments" section that the value fell below $2,000. This would be for informational purposes only; it is not a requirement. Q. We have a Section 529 account set up to save money for our son's college education. Is this reportable? A. If the Section 529 account contains reportable interests (e.g., common stock valued at $2,000 or more), those interests are reportable (not the actual Section 529 account). If the account contains solely mutual funds, then nothing is reported. Income Disclosure Q. I reported a business entity on Schedule A-2. Clients of my business are located in several states. Must I report all clients from whom my pro rata share of income is $10,000 or more on Schedule A-2, Part 3? A. No, only the clients located in or doing business on a regular basis in your jurisdiction must be disclosed. Q. I believe I am not required to disclose the names of clients from whom my pro rata share of income is $10,000 or more on Schedule A-2 because of their right to privacy. Is there an exception for reporting clients' names? A. Regulation 18740 provides a procedure for requesting an exemption to allow a client's name not to be disclosed if disclosure of the name would violate a legally recognized privilege under California or Federal law. This regulation may be obtained from our website at www.fppc.ca.gov. (See Reference Pamphlet, page 14.) FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 21 Questions and Answers Continued Q. I am sole owner of a private law practice that is not reportable based on my limited disclosure category. However, some of the sources of income to my law practice are from reportable sources. Do I have to disclose this income? A. Yes, even though the law practice is not reportable, reportable sources of income to the law practice of $10,000 or more must be disclosed. This information would be disclosed on Schedule C with a note in the "comments" section indicating that the business entity is not a reportable investment. The note would be for informational purposes only; it is not a requirement. Q. I am the sole owner of my business. Where do I disclose my income - on Schedule A-2 or Schedule C? A. Sources of income to a business in which you have an ownership interest of 10% or greater are disclosed on Schedule A-2. (See Reference Pamphlet, page 8.) Q. I received a loan from my grandfather to purchase my home. Is this loan reportable? A. No. Loans received from family members are not reportable. Q. Many years ago, I loaned my parents several thousand dollars, which they paid back this year. Do I need to report this loan repayment on my Form 700? A. No. Payments received on a loan made to a family member are not reportable. Real Property Disclosure Q. During this reporting period we switched our principal place of residence into a rental. I have full disclosure and the property is located in my agency's jurisdiction, so it is now reportable. Because I have not reported this property before, do I need to show an "acquired" date? Q. My spouse is a partner in a four -person firm where A all of their business is based on their own billings and collections from various clients. How do I report my community property interest in this business and the income generated in this manner? A. If your spouse's investment in the firm is 10% or greater, disclose 100% of your spouse's share of the business on Schedule A-2, Part 1 and 50% of your spouse's income on Schedule A-2, Parts 2 and 3. For example, a client of your spouse's must be a source of at least $20,000 during the reporting period before the client's name is reported. Q. How do I disclose my spouse's or registered domestic partner's salary? A. Report the name of the employer as a source of income on Schedule C. Q. I am a doctor. For purposes of reporting $10,000 sources of income on Schedule A-2, Part 3, are the patients or their insurance carriers considered sources of income? A. If your patients exercise sufficient control by selecting you instead of other doctors, then your patients, rather than their insurance carriers, are sources of income to you. (See Reference Pamphlet, page 14.) No, you are not required to show an "acquired" date because you previously owned the property. However, you may want to note in the "comments" section that the property was not previously reported because it was used exclusively as your residence. This would be for informational purposes only; it is not a requirement. Q. I am a city manager, and I own a rental property located in an adjacent city, but one mile from the city limit. Do I need to report this property interest? A. Yes. You are required to report this property because it is located within 2 miles of the boundaries of the city you manage. Q. Must I report a home that I own as a personal residence for my daughter? A. You are not required to disclose a home used as a personal residence for a family member unless you receive income from it, such as rental income. Q. I am a co-signer on a loan for a rental property owned by a friend. Since I am listed on the deed of trust, do I need to report my friend's property as an interest in real property on my Form 700? A. No. Simply being a co-signer on a loan for property does not create a reportable interest in that real property. FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 22 Questions and Answers Continued Gift Disclosure Q. Q. If I received a reportable gift of two tickets to a concert valued at $100 each, but gave the tickets to a friend because I could not attend the concert, do I have any reporting obligations? A. Yes. Since you accepted the gift and exercised discretion and control of the use of the tickets, you must disclose the gift on Schedule D. A. Q. Julia and Jared Benson, a married couple, want to give a piece of artwork to a county supervisor. Is each spouse considered a separate source for purposes of the gift limit and disclosure? A. Yes, each spouse may make a gift valued at the gift limit during a calendar year. For example, during 2022 the gift limit was $520, so the Bensons may have given the supervisor artwork valued at no more than $1,040. The supervisor must identify Jared and Julia Benson as the sources of the gift. Q. I am a Form 700 filer with full disclosure. Our agency holds a holiday raffle to raise funds for a local charity. I bought $10 worth of raffle tickets and won a gift basket valued at $120. The gift basket was donated by Doug Brewer, a citizen in our city. At the same event, I bought raffle tickets for, and won a quilt valued at $70. The quilt was donated by a coworker. Are these reportable gifts? A. Because the gift basket was donated by an outside source (not an agency employee), you have received a reportable gift valued at $110 (the value of the basket less the consideration paid). The source of the gift is Doug Brewer and the agency is disclosed as the intermediary. Because the quilt was donated by an employee of your agency, it is not a reportable gift. My agency is responsible for disbursing grants. An applicant (501(c)(3) organization) met with agency employees to present its application. At this meeting, the applicant provided food and beverages. Would the food and beverages be considered gifts to the employees? These employees are designated in our agency's conflict of interest code and the applicant is a reportable source of income under the code. Yes. If the value of the food and beverages consumed by any one filer, plus any other gifts received from the same source during the reporting period total $50 or more, the food and beverages would be reported using the fair market value and would be subject to the gift limit. Q. I received free admission to an educational conference related to my official duties. Part of the conference fees included a round of golf. Is the value of the golf considered informational material? A. No. The value of personal benefits, such as golf, attendance at a concert, or sporting event, are gifts subject to reporting and limits. FPPC Form 700 (2022/2023) advice@fppc.ca.gov • 866-275-3772 • www.fppc.ca.gov Page - 23 SECTION 7 m Conflicts of Interest CD HANDBOOK r*4 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations ) Updated including changes effective January 1, 2023 Table of Contents Page No. I. LAWS AND REGULATIONS AFFECTING DECISION -MAKING ...................................... 1 A. The Political Reform Act................................................................................. 1 1. Disclosure Requirements Under the Political Reform Act........................................................................................................ 2 2. Conflicts of Interest Under the Political Reform Act ......................... 4 3. The FPPC's Test for Analyzing Conflicts of Interest ............................ 5 4. Abstention.........................................................................................23 5. Penalties for Violation....................................................................... 24 6. Seeking Advice on Conflict of Interest Questions .......................... 25 B. Government Code Section 1090................................................................ 25 1. Three Principal Components of Section 1090................................. 26 2. Exceptions to Section 1090............................................................... 30 3. A Contract Made in Violation of Section 1090 is Void and Officials Violating Section 1090 Are Subject to Severe Penalties................................................................................ 32 4. Aiding and Abetting Section 1090 Violations ................................. 32 5. Seeking FPPC Advice on Section 1090............................................32 6. Statute of Limitations for Section 1090 Violations ........................... 33 C. Common Law Doctrine Against Conflicts of Interest ................................ 33 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 Summary of Principal Conflicts of Interest Laws and Regulations Page i © 2023 Richards, Watson & Gershon 2765318 Table of Contents 2. The Statutory Codification of the Common Law Doctrine of Incompatible Offices - Government Code Section1099......................................................................................36 B. Incompatible Outside Activities.................................................................. 37 C. Successor Agency and Oversight Board Conflicts....................................38 1. Form 700s for Successor Agency and Oversight Board Members............................................................................................ 38 2. Obligation of Successor Agencies to Adopt Conflict of Interest Codes...............................................................................38 3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code ............................... 39 4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements of Economic Interests........................................................................39 D. Discount Passes on Common Carriers........................................................ 40 E. Conflicts upon Leaving Office - the "Revolving Door" ............................. 41 F. Laws Prohibiting Bribery................................................................................42 G. Campaign Contributions............................................................................. 43 l . Conflicts of Interests Arising for Elected and Appointed Officials...........................................................................43 2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to anOfficial Act................................................................................... 44 3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Same Agency.....................................................45 4. Nepotism............................................................................................45 III. LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS, HONORARIA AND LOANS........................................................................................ 47 A. Limitations on Receipt of Gifts..................................................................... 47 1. General Gift Limitation......................................................................47 2. Biennial Gift Limit Adjustment........................................................... 47 Summary of Principal Conflicts of Interest Laws and Regulations Page ii © 2023 Richards, Watson & Gershon 2765318 Table of Contents 3. Exceptions to Gifts.............................................................................48 4. Gifts to an Agency............................................................................ 53 5. Gifts to an Official's Family...............................................................53 6. Invitation -Only Events.......................................................................55 7. Tickets to Political and Charitable Fundraisers ............................... 55 8. Tickets or Passes to Events Given to Officials by their Agency.............................................................................................. 57 9. Gifts from a Government Agency to an Official in That Agency.............................................................................................. 58 10. Wedding Gifts....................................................................................59 11. Certain Gifts of Travel....................................................................... 59 12. Lobbyists Arranging Gifts.................................................................. 63 B. Prohibitions on Receipt of Honoraria.......................................................... 64 1. Exceptions to the Prohibition on Honoraria .................................... 64 C. Prohibitions on Receipt of Certain Types of Loans ..................................... 66 1. Prohibition on Loans Exceeding $250 from Other City Officials, Employees, Consultants, and Contractors ...................... 66 2. Requirement for Loans of $500 or More from Other Persons and Entities to be in Writing ................................................ 66 3. Exceptions to Loan Limits and Documentation Requirements..................................................................................... 66 4. Loans that Become Gifts are Subject to the Gift Prohibition.......................................................................................... 67 5. Exceptions - Loans that Do Not Become Gifts ............................... 67 IV. PROHIBITION AGAINST MASS MAILINGS.................................................................. 68 A. Test for Prohibited Mass Mailing................................................................... 68 l . Delivery of Tangible Item.................................................................. 68 2. Features or Includes Reference to an Elected Official .................. 69 Summary of Principal Conflicts of Interest Laws and Regulations Page iii © 2023 Richards, Watson & Gershon 2765318 Table of Contents 3. Public Expense.................................................................................. 69 4. More than 200 Copies of the Item ................................................... 70 B. Exceptions to the Mass Mailing Prohibition ................................................. 70 V. EXPENDITURES TO SUPPORT OR DEFEAT A BALLOT MEASURE ................................. 71 VI. PROHIBITION ON GIFTS OF PUBLIC FUNDS...............................................................75 VII. CONCLUSION........................................................................................................... 76 Summary of Principal Conflicts of Interest Laws and Regulations Page iv © 2023 Richards, Watson & Gershon 2765318 INTRODUCTION This Handbook is prepared to provide you with a summary of the major provisions of California's principal conflicts of interest laws and regulations. The text of the laws and regulations referenced in this Handbook can be found on the websites for the California Legislature (http://Ieginfo.legislature.ca.gov/faces/codes.xhtml) and the Fair Political Practices Commission ("FPPC") (http://www.fppc.ca.gov/the-law.html). This Handbook is designed to familiarize city officials and staff with California's principal conflicts of interest laws and regulations. Because the laws and regulations change frequently, we recommend that you use this Handbook to become familiar with the basic principles of the conflict laws and regulations, but we also recommend that you contact your city attorney or agency counsel as soon as you think that you may have a potential conflict of interest. We would be glad to help you analyze a potential conflict of interest and/or contact the FPPC for guidance. We hope you find this Handbook useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact us. Richards, Watson & Gershon Summary of Principal Conflicts of Interest Laws and Regulations Page v © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations //RWG Summary of Principal Conflicts of Interest Laws and Regulations © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations I. LAWS AND REGULATIONS AFFECTING DECISION -MAKING A. The Political Reform Act In 1974, California voters approved Proposition 9, a statewide initiative titled "the Political Reform Act" (the "Act" or the "PRA"). Gov't Code § 81000 et seq., At the time, the measure was the most detailed disclosure law in the nation, and it included new requirements for reporting campaign and lobbying activities. Although the Act was initially written before the Watergate scandal broke, by the time Proposition 9 appeared on the ballot, the drama had unfolded, and nationwide reform proposals were being drafted. The Act passed by an overwhelming majority, and one of its provisions created a new state agency called the Fair Political Practices Commission ("FPPC"). The FPPC was charged with interpreting and enforcing the Act, and pursuant to this authority, the agency drafted a series of regulations. Since the Act went into effect in 1975, the FPPC has issued new regulations and amendments to existing regulations almost every year. The Act covers numerous topics germane to ethical behavior in public office —financial data reporting obligations, lobbying restrictions, required campaign disclosures, limitations on campaign financing, proscriptions on mass mailings, restrictions on gifts and honoraria, and most significantly, prohibitions on conflicts of interest in the making of governmental decisions. The Act also contains reporting procedures for financial interests and campaign contributions, as well as disqualification requirements when certain financial interests or campaign contribution standards are satisfied. Please note that this Handbook is general in nature and may not cover all aspects of an actual conflicts of interest issue. Thus, it is not intended to constitute advice on specific conflicts of interest questions. In the event you have concerns about a possible conflict of interest, you should contact your city attorney or agency counsel for further advice. 1 All statutory references are to the California Government Code unless otherwise indicated. Regulations of the FPPC are referred to as "Regulation." Summary of Principal Conflicts of Interest Laws and Regulations Page 1 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 1. Disclosure Requirements Under the Political Reform Act a. Statements of Economic Interests The Act requires public officials to disclose assets and income that may be materially affected by their official actions by filing a "Statement of Economic Interests" (also known as a "Form 700"). § 87202; Regulation 18115. The requirement applies to council members, judges, elected state officers, members of planning commissions, members of boards of supervisors, district attorneys, county counsels, city managers, city attorneys, city treasurers and other public officials who manage public investments, and to candidates for any of these offices at any election. § 87200. If a public official holds multiple positions subject to reporting requirements, the public official may choose to complete a separate Form 700 for each position or a single "Expanded Statement of Economic Interests." Regulation 18723.1. Officials must file the Form 700 within 30 days after assuming office, and candidates must file no later than the final filing date of a declaration of candidacy. §§ 87201-02. An official must file annually thereafter until he or she leaves office, at which point he or she must file a final statement. §§ 87202-04. The required disclosures on the Form 700 include: • Investments in business entities (e.g., stock holdings, owning a business, a partnership) that are located or do business in the jurisdiction; • Interests in real estate (real property) in the jurisdiction, but not including the official's home address; • Sources of personal income,2 including gifts, loans, and travel payments;3 and • Positions of management or employment with business entities that do business in the jurisdiction. § 87203. If the official no longer holds certain investments and real property interests at the time of filing, but held them during the 12 months prior to filing, he or she must still disclose those interests on the Form 700. Id. The Form 700 is a public document open to inspection and duplication. For public officials not covered by the requirements of Section 87203, including employees of state and local government agencies, it is up to the agencies that employ them to decide what their disclosure requirements are. Each state and local agency must adopt a conflicts of interest code tailoring the disclosure requirements for 2 In some instances, an official may need to disclose the sources of income to a business entity in which the official has an ownership interest if the official owns at least 10 percent of a business. In that case, the official would be required to disclose a source of income to the business as a source of income to the official if the official's pro rata share of gross receipts from that source exceeds $10,000 in aggregate during the reporting period. § 87207(b). In those cases, the official must report the name, address, and a general description of the business activity of the business entity, as well as the name of the source of income that aggregates to $10,000 or more. Id. 3 As of January 1, 2016, if an official receives a gift that is a travel payment, advance, or reimbursement valued at $50 or more, the official must also disclose the travel destination. § 87207(a) (4). Summary of Principal Conflicts of Interest Laws and Regulations Page 2 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations each position within the agency to the types of governmental decisions a person holding that position would make. For example, an employee who approves contracts for goods or services purchased by his or her agency would not be required to disclose real estate interests, but would be required to disclose investments in and income from individuals and entities that supply equipment, materials, or services to the agency. § § 87301-02. A city that maintains an internet website must post a list of the elected officers who file a Form 700 with that city. A statement must also be posted on the website indicating that these Form 700s may be obtained by visiting the FPPC office or the city clerk's office. The statement must include the physical address for both the FPPC and the city clerk's office. Finally, a link to the FPPC website must be posted with a statement that indicates that Form 700 "for some state and local government agency elected officers may be available in electronic format" on the FPPC's internet website. § 87505. A local agency may establish a system for the electronic filing of Form 700s, in accordance with State law. § 87500.2; Regulation 18756. Public officials should seek guidance from the local filing officer as to the appropriate procedure and format for filing a Form 700. b. Behested Payments There are also disclosure requirements for certain fundraising activities that elected officials perform for others, including in their capacity as employees or board members of nonprofit organizations. Elected officials who successfully solicit one or more contributions for "legislative, governmental, or charitable purposes" that equal or exceed $5,000 in the aggregate from the same source during a single calendar year must file a report with the official's agency (typically the city clerk) within 30 days of reaching the $5,000 threshold. § 84224(a). The report must contain the following information: • The contributor's name and address; • The amount of the contribution; • The date or dates on which the payments were made; • The name and address of the contribution recipient; • If goods or services were contributed, a description of those goods and services; and • A description of the purpose or event for which the contribution was used. Summary of Principal Conflicts of Interest Laws and Regulations Page 3 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The report must also include the following information to the extent known to the elected official: • A brief description4 of the relationship between the nonprofit organization and the elected official, their family member, member of their campaign, or member of their staff; and • A brief description of any proceedings before the elected official's agency at the time of the payment or 12 months before the payment, in which the nonprofit organization is a named party or subject of the decision. Regulation 18424. The statute does not define the term "legislative, governmental, or charitable purposes," but charitable purposes typically involve 501 (c) (3) organizations. Examples of "governmental" purposes include fundraising for a new city hall roof, an inaugural celebration committee,5 litigation expenses,' a breakfast honoring public safety personnel,' and youth conferences.$ The term "legislative purpose," in turn, refers to a 1996 FPPC opinion in which a state senator asked a private party to pay for a witness's airfare and expenses to testify at a legislative hearing.9 These reporting requirements also apply if the payment is "made at the behest of the elected officer, even if the officer did not actively solicit contributions. §§ 82004.5, 82041.3. A payment is "made at the behest of" an elected officer when it is made "under the control or at the direction of, in cooperation, consultation, coordination, or concert with, at the request or suggestion of, or with the express, prior consent of" that officer. Id. This disclosure requirement does not apply to a behested payment made by a local, state, or federal governmental agency for a principally legislative or governmental purpose. § 84224(b) (4). 2. Conflicts of Interest Under the Political Reform Act In addition to the disclosure requirements, the Act requires public officials to disqualify themselves from making, participating in making, or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a financial interest. § 87100; Regulation 18700. An official has a disqualifying financial interest in a decision if the decision will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, directly on the official or a member of the official's immediate family, or on certain listed financial interests. The listed financial interests are: 4 A "brief description" includes any decision making capacity within the organization, salaried employment, status as a founding member, and honorary or advisory board positions. Regulation 18424(a). 5 Sutton Advice Letter, No. A-05-256, 2005 WL 3693740 (2005). 6 Stoen Advice Letter, No. A-03-185, 2004 WL 334564 (2004) (district attorney's expenses in suing a private company when governing body withdrew funding for effort). 7 Gallegos Advice Letter, No. A-00-059, 2000 WL 311529 (2000). 8 Gallegos Advice Letter, No. A-98-192, 1998 WL 671296 (1998). 9 Schmidt Advice Letter, No. A-96-098, 1996 WL 779579 (1996). Summary of Principal Conflicts of Interest Laws and Regulations Page 4 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Any business entity in which the public official has a direct or indirect investment worth $2,000 or more. • Any real property in which the public official has a direct or indirect interest worth $2,000 or more. • Any source of income, including commission income or incentive income, aggregating to at least $500 within 12 months prior to the time when the decision is made. The $500 must be provided or promised to, or received by, the official during the 12 months before the decision. • Any business entity (excluding nonprofit corporations) in which the public official is a director, officer, partner, trustee, employee, or holds any position of management. • Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $590 or more in value provided to, received by, or promised to the public official within 12 months prior to the time when the decision is made. § 87103; Regulations 18700 and 18940.2. The FPPC regulations interpret and provide guidance for most of the terms used in the Act. The FPPC also provides standards for determining if each element of the Act's prohibitions has been satisfied. 3. The FPPC's Test for Analyzing Conflicts of Interest In the past few years, the FPPC has reorganized and revised the conflict of interest regulations in a comprehensive manner. Under the old regulations, a public official was advised to follow an eight -part test to analyze a potential conflict of interest. The newly revised regulations establish a new four-part test, as stated in Regulation 18700(d). The new FPPC four-part test assumes that an official already has determined whether he or she is a public official within the meaning of the Act. The new test also assumes that the official has identified the financial interests that may be affected by a particular governmental decision. Since these two steps are necessary for a complete analysis, we recommend that public officials follow the seven steps described below, which incorporate these two initial steps as well as the FPPC's new four-part test. STEP ONE: IS A PUBLIC OFFICIAL INVOLVED? Determine whether the individual is a public official within the meaning of the Act. The Act applies only to "public officials." Regulation 18700(b). A "public official" is defined to include a "member, officer, employee, or consultant" of a state or local government agency. § 82048; Regulation 18700(c). The regulations define "member" and "consultant" as follows: Summary of Principal Conflicts of Interest Laws and Regulations Page 5 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • A "member" does not include an individual who performs duties as part of a committee, board, commission, group, or other body that does not have decision -making authority. A board or commission possesses decision -making authority if: (i) it may make a final governmental decision, (ii) it may compel or prevent a governmental decision by reason of an exclusive power to initiate the decision or by reason of a veto that may not be overridden, or (iii) it makes substantive recommendations, which, over an extended period of time, have been regularly approved without significant amendment or modification by another official or agency. Regulation 18700(c)(2). • A "consultant"10 includes an individual who, pursuant to a contract with a state or local government agency, makes specific kinds of governmental decisions or serves in a staff capacity with the agency and either participates in governmental decisions or performs the same or substantially all of the same duties that would otherwise be performed by a person in a position listed in the agency's conflict of interest code. Regulation 18700.3. STEP TWO: WHAT ARE THE PUBLIC OFFICIAL'S FINANCIAL INTERESTS? Identify the public official's financial interests. A public official's financial interests include certain business entities, real property, sources of income, and donors of gifts (as well as intermediaries and agents of such donors). Regulation 18700(c) (6). More specifically, a public official has a financial interest in any of the following: • A business entity in which the official has a direct or indirect investment worth at least $2,000.11 (Note: In certain situations, this can include a parent,12 subsidiary,13 or otherwise related14 business entity.15) 10 For more on who constitutes a "consultant" subject to the Act, see, e.g., Ennis Advice Letter, FPPC No. A-15-006, 2015 WL 1781 144 (2015). 11 The FPPC has determined that membership in a country club is a financial interest in the club as a business entity when the membership is transferrable and can be resold for profit or loss. Gee Advice Letter, FPPC No. A-17-249, 2018 WL 723401 (2018). 12 A business entity is a "parent" if it is a corporation that controls more than 50 percent of the voting stock of another corporation; the parent corporation is also a parent to any subsidiaries of the corporation that it controls. Regulation 18700.2 (b) (1). 13 A business entity is a "subsidiary" if it is a corporation whose voting stock is more than 50 percent controlled by another corporation; the subsidiary corporation is also a subsidiary to any corporation that controls its parent corporation. Regulation 18700.2 (b) (2). 14 Business entities, other than a parent corporation, are "otherwise related" if (1) the same person or persons together direct or control each business entity, or (2) the same person or persons together have a 50 percent or greater ownership interest in each business entity. Regulation 18700.2 (b) (3). 15 An official with a financial interest in a business entity also has an interest in a parent or subsidiary of the business entity or an otherwise related business entity, unless (1) the official's only interest is that of a shareholder and the official is a passive shareholder with less than 5 percent of the shares of the corporation, and (2) the parent corporation is required Summary of Principal Conflicts of Interest Laws and Regulations Page 6 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Any real property in which the public official has a direct or indirect interest worth at least $2,000.11 Real property interests include all leases except month -to -month leases and leases with terms shorter than a month. Regulation 18233. • Any "source of income" of at least $500 that is provided or promised to the public official, or received by the public official within 12 months prior to a governmental decision, not including gifts and loans by banks available to the general public. Income is "promised to" the official if he or she has a "legally enforceable right to the promised income." Regulation 18700(c) (6) (C). The term "source of income" may include individuals, organizations, and businesses. If the "source of income" is a business that provides or promises the official at least $500 within 12 months prior to a governmental decision, the official also has a source -of - income interest in: (1) any individual owning at least a 50 percent interest in that business, and (2) any individual who has the power to direct or cause the direction of management and policies of the business. Regulation 18700.1 (a) (2). • Any business entity in which the public official is a director, officer, partner, trustee, or employee, or holds any position of management. (Note: Again, this may include a parent, subsidiary, or otherwise related business entity.) • Any donor of gifts, or any intermediary or agent for a donor of gifts, amounting to at least $590 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.17 This is a sort of "catch-all" provision that is meant to address economic interests of a public official and his or her immediate family that do not qualify as investments, property, or business entities, but are nonetheless potentially affected by government decisions. §§ 82047, 87103; Regulations 18700, 18940.2. The terms "indirect investment" and "indirect interest" are used to indicate investments and interests owned by the spouse or dependent child of the public official, an agent of the public official, or a business entity or trust in which the official, or his or her agent(s), spouse, or dependent children, has at least a 10 percent ownership interest. Regulation 18700(c)(6)(F). to file annual Form 10-K or 20-F Reports with the Securities and Exchange Commission and has not identified the subsidiary on those forms or its annual report. Regulation 18700.2 (c)-(d). 16 The FPPC has determined that membership in a country club is a financial interest in real property when the member would be entitled to a proportionate share of the value of the club's assets if the club were dissolved. Gee Advice Letter, FPPC No. A-17-249, 2018 WL 723401 (2018). 17 The FPPC determined that a public official had a financial interest in his personal finances when considering a decision to award a contract for waste hauling services at a facility located near his mobile home. Brady Advice Letter, FPPC No. A-22-027, 2022 WL 16725545 (2022). Summary of Principal Conflicts of Interest Laws and Regulations Page 7 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations STEP THREE: IS IT REASONABLY FORESEEABLE THAT THE GOVERNMENTAL DECISION WILL HAVE A FINANCIAL EFFECT ON ANY OF THE OFFICIAL'S FINANCIAL INTERESTS? Determine whether the governmental decision will have a reasonably foreseeable financial effect on any of the public official's financial interests. Regulation 18701 draws a distinction between a financial interest that is "explicitly involved" in a decision, on the one hand, and a financial interest that is not "explicitly involved" in a decision, on the other hand. Financial interests are considered to be explicitly involved in a decision if the interest is a "named party in, or the subject of, a governmental decision before the official or the official's agency." Regulation 18701 (a). A financial interest is the "subject" of a proceeding "if the decision involves the issuance, renewal, approval, denial or revocation of any license, permit, or other entitlement to, or contract with the financial interest, and includes any governmental decision affecting a real property financial interest as described in Regulation 18702.2(a)(1) - (6)." Regulation 18701 (a). In those cases, the financial effect is presumed to be reasonably foreseeable. Even if a financial interest is not explicitly involved in a decision, the effect may still be considered reasonably foreseeable. Regulation 18701 states that a financial effect need not be "likely" to be considered "reasonably foreseeable" for purposes of the FPPC's regulations. If the financial effect can be "recognized as a realistic possibility" and if the effect is "more than hypothetical or theoretical," it will be considered reasonably foreseeable. Regulation 18701 (b). The financial effect will not be considered reasonably foreseeable if the "the financial result cannot be expected absent extraordinary circumstances" that are not subject to the official's control. The FPPC also provides the following list of non-exclusive factors that should be considered when determining whether a governmental decision will have a reasonably foreseeable effect on a financial interest that is not explicitly involved in the decision: • The extent to which the occurrence of the financial effect is contingent upon intervening events, not including future governmental decisions by the official's agency, or any other agency appointed by or subject to the budgetary control of the official's agency. • Whether the public official should anticipate a financial effect on his or her financial interest as a potential outcome under normal circumstances when using appropriate due diligence and care. Summary of Principal Conflicts of Interest Laws and Regulations Page 8 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Whether the public official has a financial interest that is of the type that would typically be affected by the terms of the governmental decision or whether the governmental decision is of the type that would be expected to have a financial effect on businesses and individuals similarly situated to those businesses and individuals in which the public official has a financial interest. • Whether a reasonable inference can be made that the financial effects of the governmental decision on the public official's financial interest might compromise a public official's ability to act in a manner consistent with his or her duty to act in the best interests of the public. • Whether the governmental decision will provide or deny an opportunity, or create an advantage or disadvantage for one of the official's financial interests, including whether the financial interest may be entitled to compete or be eligible for a benefit resulting from the decision. • Whether the public official has the type of financial interest that would cause a similarly situated person to weigh the advantages and disadvantages of the governmental decision on his or her financial interest in formulating a position. Possession of a real estate, brokerage license, or other professional license does not automatically constitute a reasonably foreseeable effect on the official's financial interest. Regulation 18701.1. The official's likely business activity must be considered to determine whether the governmental decision will have a reasonably foreseeable effect on one of the official's financial interests. If it is not reasonably foreseeable that the governmental decision will have a financial effect on any of the official's financial interests, there is no conflict under the Act. If it is determined that it is reasonably foreseeable that the governmental decision will have a financial effect, however, the official must determine whether the effect is material. STEP FOUR: WILL THE REASONABLY FORESEEABLE EFFECT BE MATERIAL? Determine whether the reasonably foreseeable financial effect will be material. If the effect is "nominal, inconsequential, or insignificant," the financial effect will not be considered material. Regulation 18702(b). Otherwise, however, the provisions in Regulations 18702.1 through 18702.5 determine - for each type of financial interest - whether the effect is material. Regulation 18702(a). Summary of Principal Conflicts of Interest Laws and Regulations Page 9 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations a. Business Entities Regulation 18702.1 provides that the reasonably foreseeable effect of a decision on a business entity in which the official has an investment interest or holds an employment or management position is material whenever the business entity is a named party in, or the subject of, the decision, including any decision in which the entity: • Initiates the proceeding by filing an application, claim, appeal, or other request for action concerning the entity with the official's agency; • Offers to sell a product or service to the official's agency; • Bids on or enters into a contract with the official's agency, or is identified as a subcontractor on a bid or contract with the agency; • Is the named or intended manufacturer or vendor of any products to be purchased by the official's agency with an aggregate cost of $1,000 or more in any 12-month period; • Applies for a permit, license, grant, tax credit, exception, variance, or other entitlement from the official's agency; • Is the subject of any inspection, action, or proceeding under the regulatory authority of the official's agency; or • Is otherwise subject to an action taken by the official's agency that is directed at the entity. The reasonably foreseeable effect of a decision on a business entity in which the official has an investment interest or holds an employment or management position is also material if any of the following criteria are met: • The decision may result in an increase or decrease of the entity's annual gross revenues, or the value of the entity's assets or liabilities, in an amount equal to or more than: ✓ $1,000,000; or ✓ Five percent of the entity's annual gross revenues and the increase or decrease is at least $10,000. • The decision may cause the entity to incur or avoid additional expenses or to reduce or eliminate expenses in an amount equal to or more than: ✓ $250,000; or ✓ One percent of the entity's annual gross revenues and the change in expenses is at least $2,500. Summary of Principal Conflicts of Interest Laws and Regulations Page 10 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • The official knows, or has reason to know, that the entity has an interest in real property and: ✓ The property is a named party in, or the subject of, the decision under Regulations 18701 (a) and 18702.2(a)(1) - (6); or ✓ There is clear and convincing evidence the decision would have a substantial effect on the property. There is also a "small shareholder" exception that allows officials to participate in decisions explicitly involving a business entity where the official's only interest in that business entity is an investment interest worth no more than $25,000. Regulation 18702.1 (b). To qualify for this exception, the interest also must be less than one percent of the business entity's shares. However, meeting these thresholds does not automatically allow the official to participate in the decision. The official still must analyze the decision's potential effect on the business entity's annual gross revenues, assets and liabilities, expenses, and real property interests. Under this rule, even where an official has only a small investment in a business entity, the impact of a decision might be so significant that the official still has a conflict of interest. b. Real Property - Modified "500-Foot Rule" and Other Criteria The traditional "500-foot" rule has been replaced with an extensive list of criteria that must be analyzed to determine whether a decision will have a material financial effect on an official's real property interest. Regulation 18702.2. There are now eight materiality standards that must be evaluated when an official has an ownership interest in real property, and four materiality standards that must be evaluated when an official has a leasehold interest in real property (i.e., as the lessee of the property). Regulation 18702.2 now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest, other than a leasehold interest, is material whenever the governmental decision: • Involves the adoption of, or amendment to, a development plan or criteria applying to the parcel; • Determines the parcel's zoning or rezoning, other than a zoning decision applicable to all properties designated in that category; annexation or de -annexation; inclusion in, or exclusion from, any city, county, district, or local government subdivision or other boundaries, other than elective district boundaries; • Would impose, repeal, or modify any taxes, fees, or assessments that apply to the parcel; • Authorizes the sale, purchase, or lease of the parcel; • Involves the issuance, denial or revocation of a license, permit, or other land use entitlement authorizing a specific use of or improvement to the Summary of Principal Conflicts of Interest Laws and Regulations Page 1 1 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations parcel or any variance that changes the permitted use of, or restrictions placed on, that real property; • Involves construction of, or improvements to, streets, water, sewer, storm drainage, or similar facilities, and the parcel will receive new or improved services that provide a benefit or detriment disproportionate to other properties receiving the services; • Involves property located 500 feet or less from the property line of the parcel unless there is clear and convincing evidence that the decision will not have any measurable impact on the official's property; or • Involves property located more than 500 feet but less than 1,000 feet from the property line of the parcel, and the decision would change the parcel's: ✓ Development potential; ✓ Income producing potential; ✓ Highest and best use; ✓ Character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or air quality; or ✓ Market value. Regulation 18702.2(b) clarifies that the financial effect of a governmental decision on a parcel of real property in which an official has an ownership interest is presumed not to be material whenever the governmental decision involves property located 1,000 feet or more from the property line of the official's property. This presumption may be rebutted, however, with clear and convincing evidence that the governmental decision would have a substantial effect on the official's property. The FPPC has relaxed the rules with respect to real property economic interests that stem from having an ownership interest in the common area of a common interest development. Previously, in addition to evaluating whether the decision concerned a project located within 500 feet of the public official's real property, it was necessary to evaluate whether the decision was within 500 feet of any homeowner association common area in which the official had an ownership interest. Now, Regulation 18702.2 excludes common areas in common interest developments from the definition of "real property" for the purpose of conducting a conflict of interest analysis. Thus, the proximity of homeowner association common areas to a project is no longer a factor in the conflict of interest analysis. With respect to an official's leasehold interests, i.e., where the official is the lessee of the property, Regulation 18702.2(c) now provides that the reasonably foreseeable financial effect of a governmental decision on an official's real property economic interest is material only if the governmental decision will: Summary of Principal Conflicts of Interest Laws and Regulations Page 12 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Change the termination date of the lease; • Increase or decrease the potential rental value of the property; • Change the official's actual or legally allowable use of the property; or • Impact the official's use and enjoyment of the property. There are a few exceptions in Regulation 18702.2(d) by which the effect of a decision on an official's real property interest will not be considered material. The following decisions will not be considered to have a material effect on an official's real property interest: • The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage, or similar facilities. • The decision solely concerns the adoption or amendment of a general plan and all of the following apply: ✓ The decision only identifies planning objectives or is otherwise exclusively one of policy. A decision will not qualify under this subdivision if the decision is initiated by the public official, by a person that is a financial interest to the public official, or by a person representing either the public official or a financial interest to the public official. ✓ The decision requires a further decision or decisions by the public official's agency before implementing the planning or policy objectives, such as permitting, licensing, rezoning, or the approval of or change to a zoning variance, land use ordinance, or specific plan or its equivalent. ✓ The decision does not concern an identifiable parcel or parcels or development project. A decision does not "concern an identifiable parcel or parcels" solely because, in the proceeding before the agency in which the decision is made, the parcel or parcels are merely included in an area depicted on a map or diagram offered in connection with the decision, provided that the map or diagram depicts all parcels located within the agency's jurisdiction and the economic interests of the official are not singled out. ✓ The decision does not concern the agency's prior, concurrent, or subsequent approval of, or change to, a permit, license, zoning designation, zoning variance, land use ordinance, or specific plan or its equivalent. These rules replace the old "500-foot rule" that applied before 2014. Of special interest to many local public officials, these provisions appear to allow public officials to Summary of Principal Conflicts of Interest Laws and Regulations Page 13 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations participate in most decisions relating to slurry sealing, asphalt paving, curb and sidewalk repairs, or tree replacement, even if the work occurs within 500 feet of their property, due to the exception for repairs and replacement of existing infrastructure. C. Sources of Income The FPPC regulations also provide materiality standards for sources of income. Regulation 18702.3. A "source of income," as discussed above, is any person from whom a public official has received at least $500 in the twelve months prior to the relevant governmental decision. Regulation 18700.1. A "person" includes individuals, organizations, and business entities. § 82047. The regulations provide that any reasonably foreseeable financial effect on an individual, organization, or business entity1$ that is a source of income to an official or an official's spouse is material if: • The source is a named party in, or the subject of, the decision including a claimant, applicant, respondent, or contracting party; or • The decision will achieve, defeat, aid, or hinder a purpose or goal of the source and the official, or the official's spouse, receives or is promised the income for achieving the purpose or goal. This is known as the "Nexus" test. Regulation 18702.3(a)(1), 18702.3(b). In addition to these general standards, the regulations provide further guidance that separately analyzes a source of income depending on whether the source is an individual, non-profit organization, or business entity. If the source is an individual, a reasonably foreseeable financial effect on the source is material if: • The decision may affect the individual's income, investments, or other assets or liabilities (other than an interest in a business entity or real property) by $1,000 or more; • The official knows, or has reason to know, that the individual has an interest in a business entity that will be financially affected under the materiality standards in Regulation 18702.1; or • The official knows, or has reason to know, that the individual has an interest in real property, and either: ✓ The property is a named party in, or the subject of, the decision as defined in Regulations 18701 (a) and 18702.2(a)(1) - (6); or 18 The materiality standards for sources of income provided in this section do not apply where a government entity qualifies as a source of income, including where a public official is paid by the entity as a consultant or contractor. Regulation 18702.3(d). An official with an interest in a governmental entity is disqualified from taking part in a decision only if there is a unique effect on that official. Id. Summary of Principal Conflicts of Interest Laws and Regulations Page 14 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations ✓ There is clear and convincing evidence the decision would have a substantial effect on the property. If the source is a nonprofit organization, a reasonably foreseeable financial effect on the source is material if: • The decision may result in an increase or decrease of the organization's annual gross receipts, or the value of the organization's assets or liabilities, in an amount equal to or more than (1) $1,000,000, or (2) five percent of the organization's annual gross receipts and the increase or decrease is equal to or greater than $10,000; • The decision may cause the organization to incur or avoid additional expenses or to reduce or eliminate expenses in an amount equal to or more than (1) $250,000, or (2) one percent of the organization's annual gross receipts and the change in expenses is equal to or greater than $2,500; or • The official knows, or has reason to, know that the organization has an interest in real property and either: ✓ The property is a named party in, or the subject of, the decision under Regulations 18701 (a) and 18702.2(a) (1) - (6); or ✓ There is clear and convincing evidence the decision would have a substantial effect on the property. If the source is a business entity, a reasonably foreseeable financial effect on the source is material if that business entity will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entities above). Regulation 18702.3(a). The regulation also includes additional provisions to help officials who receive income from retail sales of a business entity in determining when a retail customer becomes a source of income to the public official directly. § 87103.5. This regulatory provision, which is intended to replace prior Regulation 18707.5, provides that: • The retail customers of a business entity constitute a significant segment of the public generally if the business is open to the public, and provides goods or services to customers that comprise a broad base of persons representative of the jurisdiction; and • Income from an individual customer is not distinguishable from the amount of income received from other customers when the official is unable to recognize a significant monetary difference between the business provided by the individual customer and the general clientele of the business. An official is unable to recognize a significant monetary difference when: (1) the business is of the type that sales to any one customer will not have a significant impact on the business's annual net sales; or (2) the business has no records that distinguish customers by Summary of Principal Conflicts of Interest Laws and Regulations Page 15 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations amount of sales, and the official has no other information that the customer provides significantly more income to the business than an average customer. Regulation 18702.3(c). If you own 10 percent or more of a business entity that is engaged in the retail sale of goods or services, we recommend that you review this provision in order to determine whether individual retail customers will be considered sources of income to you for the purpose of analyzing conflicts under the Act. d. Sources of Gifts The FPPC regulations also provide materiality standards for sources of gifts. Regulation 18702.4. For the purpose of analyzing potential conflicts under the Political Reform Act, a donor becomes a "source of gifts" by providing or promising a public official with gifts valued at $590 or more in the aggregate in the 12 months prior to a governmental decision. Regulations 18700(c) (6) (E), 18940.2. A person may also be a source of a gift by being an "intermediary or agent for a donor of a similar gift. Regulation 18700(c) (6) (E). Under the FPPC regulations, a financial effect on a source of a gift is material if: • The source is a claimant, applicant, respondent, contracting party, or otherwise named or identified as the subject of the proceeding; • The source is an individual that will be financially affected under the standards applied to an official in Regulation 18702.5 (see Personal Finances below), or the official knows, or has reason to know, that the individual has an interest in a business entity or real property that will be financially affected under the standards applied to a financial interest in Regulation 18702.1 or 18702.2, respectively; • The source is a nonprofit organization that will be financially affected under the materiality standards applied to a nonprofit source of income interest in Regulation 18702.3 (see Sources of Income above); or • The source is a business entity that will be financially affected under the standards as applied to a financial interest in Regulation 18702.1 (see Business Entities above). Regulation 18702.4. Like with sources of income, the analysis of materiality for sources of gifts may depend on whether the source is an individual, a nonprofit, or a business entity. If the source of a gift is the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the financial effect will be deemed material, regardless of whether the source is an individual, a nonprofit, or a business entity. If the source of a gift is not the "claimant, applicant, respondent, contracting party, or ... otherwise named or identified as the subject of the proceeding," the official will need to apply the other standards in Regulation 18702.4(b) - (d), depending on whether the source of the gift is an individual, a nonprofit, or a business entity. Summary of Principal Conflicts of Interest Laws and Regulations Page 16 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations e. Personal Finances Finally, the regulations provide materiality standards for effects on personal finances. Regulation 18702.5. A reasonably foreseeable financial effect on an official's or his or her immediate family's personal finances is considered material if the decision may result in the official or the official's immediate family member receiving a financial benefit or loss of $500 or more in any 12-month period due to the decision. Regulation 18702.5 (a) . However, a financial effect is not considered material under Government Code Section 87103 if the decision would do any of the following: • Affect only the salary, per diem, or reimbursement for expenses of the public official, or a member of his or her immediate family receives from a federal, state, or local government agency unless the decision is to appoint (other than an appointing decision otherwise permitted under Regulation 18702.5), hire, fire, promote, demote, suspend without pay, or otherwise take disciplinary action with financial sanction against the official or a member of his or her immediate family, or to set a salary for the official or a member of his or her immediate family which is different from salaries paid to other employees of the government agency in the same job classification or position, or when the member of the public official's immediate family member is the only person in the job classification or position. • Appoint the official to be a member of any group or body created by law or formed by the official's agency for a special purpose. However, if the official will receive a stipend for attending meetings of the group or body aggregating $500 or more in any 12-month period, the effect on the official's personal finances is material unless the appointing body posts specified information on its website.19 • Appoint the official to be an officer of the governing body of which the official is already a member, such as a decision to appoint a city councilmember to be the city's mayor. • Establish or change the benefits or retirement plan of the official or the official's immediate family member, and the decision applies equally to all employees or retirees in the same bargaining unit or other representative group. • Result in the payment of any travel expenses incurred by the official or the official's immediate family member while attending a meeting as an authorized representative of an agency. 19 Specifically, the appointing body must post all of the following information on its website: (1) a list of each appointed position and its term; (2) the amount of the stipend for each appointed position; (3) the name of the official who has been appointed to the position; and (4) the name of any official who has been appointed to be an alternate for the position. Regulation 18702.5(b)(2). Summary of Principal Conflicts of Interest Laws and Regulations Page 17 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Permit the official's use of any government property, including automobiles or other modes of transportation, mobile communication devices, or other agency -provided equipment for carrying out the official's duties, including any nominal, incidental, negligible, or inconsequential personal use while on duty. • Result in the official's receipt of any personal reward from the official's use of a personal charge card or participation in any other membership rewards program, so long as the reward is associated with the official's approved travel expenses and is no different from the reward offered to the public. Regulation 18702.5(b). Any effect on the interests noted above would not constitute a material effect on personal finances for the purpose of the Political Reform Act. Regulation 18702.5 clarifies that if a decision only affects a business entity or real property in which the official has a financial interest, the regulation regarding personal finances does not apply. Regulation 18702.5(c). Under those circumstances, the official should analyze the applicable materiality standards for those types of interests in Regulations 18702.1 and 18702.2 to determine whether a conflict exists. STEP FIVE: DOES THE "PUBLIC GENERALLY" EXCEPTION APPLY? Determine if the official can demonstrate that the material financial effect on the official's interest is indistinguishable from the decision's effect on the public generally. Once it is determined that it is reasonably foreseeable that a decision will have a material financial effect on an official's financial interest, it is necessary to evaluate whether an exception to the disqualification requirement is applicable. One exception, known as the "public generally" exception, provides that even if a governmental decision will have a reasonably foreseeable material financial effect on the official's financial interest, disqualification will not be required if the effect on the public official's financial interest is indistinguishable from the decision's effect on the financial interests of the public generally. Regulation 18703. In order to use this exception, the official must be able to demonstrate two core elements. First, the governmental decision must affect a "significant segment" of the public in the jurisdiction of the public agency. Second, the governmental decision's effect on the official's financial interest must not be unique as compared to the effect on the significant segment. Regulation 18703(a). Summary of Principal Conflicts of Interest Laws and Regulations Page 18 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The FPPC has simplified the regulation to determine what constitutes a sufficiently "significant segment" of the public. Regulation 187O3(b). A significant segment of the public is: • At least 25 percent of any of the following: ✓ All businesses or nonprofit entities within the official's jurisdiction; ✓ All real property, commercial real property, or residential real property within the official's jurisdiction; or ✓ All individuals within the official's jurisdiction. • At least 15 percent of residential real property within the official's jurisdiction, if the official's only interest in a government decision is the official's primary residence. Regulation 187O3(b). To determine whether a decision's effect on the official's financial interest is "unique" as compared to the effect on the significant segment of the public, the FPPC requires that an official determine whether the decision has a "disproportionate" effect on: • The development potential or use of the official's real property or on the income producing potential of the official's real property or business entity. • An official's business entity or real property resulting from the proximity of a project that is the subject of a decision. • An official's interests in business entities or real properties resulting from the cumulative effect of the official's multiple interests20 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). 20 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." Peake Advice Letter, FPPC No. A-15-227, 2015 WL 9680333 (2015) . Summary of Principal Conflicts of Interest Laws and Regulations Page 19 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The official's "jurisdiction" for the purposes of this regulation constitutes the "jurisdiction of the state or local government agency as defined in Section 82035, or the designated geographical area the official was elected to represent, or the area to which the official's authority and duties are limited if not elected." Regulation 18703(d). Real property is considered to be within a "jurisdiction" if the "property or any part of it is located within, or not more than, two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency." § 82035. The FPPC Regulations include a number of specialized "public generally" exceptions. Regulation 18703(e). The financial effect on an official's financial interest is deemed indistinguishable from that of the public generally where there is no unique effect on the official's interest if the official establishes: • The decision sets or adjusts the amounts of assessments, taxes, fees, or rates for water, utility, or other broadly provided public services or facilities that are applied equally, proportionally, or by the same percentage to the official's interest and other businesses, properties, or individuals subject to the assessment, tax, fee, or rate. However, the exception does not apply if the decision imposes assessments, taxes, or fees, determines the boundaries of a property, or determines who is subject to the assessments, taxes, or fees. Under this exception, these factors must already be determined. • The decision affects the official's personal finances as a result of an increase or decrease to a general fee or charge, such as parking rates, permits, license fees, application fees, or any general fee that applies to the entire jurisdiction. • The decision affects residential real property limited to a specific location, encompassing more than 50, or five percent of the residential real properties in the official's jurisdiction, and the decision establishes, amends, or eliminates ordinances that restrict on -street parking, impose traffic controls, deter vagrancy, reduce nuisance or improve public safety, provided the body making the decision gathers sufficient evidence to support the need for the action at the specific location. • The decision is limited to establishing, eliminating, amending, or otherwise affecting the rights or liabilities of tenants and owners of residential real property, including rent control or tenant protection matters. Officials may participate if: (1) the decision is applicable to all residential rental properties within the official's jurisdiction other than those excepted by the Costa -Hawkins Rental Housing Act; (2) the official owns three or fewer residential units; and (3) the only interests affected by the decision are the official's interest in residential real property as a landlord or the official's interest in a primary residence as owner or lessee. • The decision is made by a board or commission and the law that establishes the board or commission requires certain appointees have a Summary of Principal Conflicts of Interest Laws and Regulations Page 20 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations representative interest in a particular industry, trade, or profession or other identified interest, and the public official is an appointed member representing that interest. This provision applies only if the effect is on the industry, trade, or profession or other identified interest represented. • The decision is made pursuant to an official proclamation of a state of emergency when required to mitigate against the effects directly arising out of the emergency. • The decision affects a federal, state, or local governmental entity in which the official has an interest. Regulation 18703(e). STEP SIX: MAY THE OFFICIAL MAKE OR PARTICIPATE IN MAKING A DECISION? Determine whether the public official will be making, participating in the making, or using or attempting to use his/her official position to influence a governmental decision. The Act applies when a public official is "making, participating in making, or using or attempting to use official position to influence a government 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).21 • 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 an 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 21 A public official's "determination not to act" does not constitute participating in "making" a governmental decision when the public official is abstaining from a decision due to a personal financial interest. Summary of Principal Conflicts of Interest Laws and Regulations Page 21 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations before any official in any other government agency for the purpose of affecting a decision, and the public official acts or purports to act within his or her authority or on behalf of his or her agency in making the contact. Regulation 18704(c). There are limited exceptions to this rule. A public official is not making, participating in making, or influencing a government decision when the official acts in a solely ministerial, secretarial, or clerical manner. Regulation 18704(d) (1). In addition, an official is not making, participating in making, or influencing a government decision when the official appears before the public agency as a member of the general public to represent specific and limited "personal interests" or when the official negotiates his or her compensation or terms of employment. Regulation 18704(d). With respect to negotiating the terms of employment, however, "an official may not make a decision to appoint, hire, fire, promote, demote, or suspend without pay or take disciplinary action with financial sanction against the official or the official's immediate family, or set a salary for the official or the official's immediate family different from salaries paid to other employees of the government agency in the same job classification or position." Regulation 18704(d) (3). Making, participating in, or influencing a governmental decision also does not include communications to either the press or the general public. Regulation 18704(d)(4). Nor does it include academic decisions. Regulation 18704(d) (5). Limited actions in an official's professional capacity as an architect or engineer also are not considered to be making, participating in, or influencing a governmental decision. Regulation 18705(d) (6). Finally, an official who serves as a consultant will not be participating in a decision by making a recommendation regarding additional services if the agency has already contracted with the consultant - for an agreed upon price - to make recommendations concerning services of the type offered by the consultant. Regulation 18704(d) (7). STEP SEVEN: IS THE PUBLIC OFFICIAL'S PARTICIPATION LEGALLY REQUIRED? Determine if the public official's participation is legally required despite a conflict of interest. A public official also is permitted to participate in making a governmental decision, despite having a conflict of interest in the decision, if no alternative source of decision exists that would be consistent with the purposes and terms of the statute authorizing the decision. Regulation 18700(e), 18705(a). This exception is applied when a quorum of a legislative body cannot be convened due to the disqualifying conflicts of interests of its members. In that situation, as many Summary of Principal Conflicts of Interest Laws and Regulations Page 22 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations members as are needed to create the minimum number for the quorum may be selected at random to participate. In these situations, stringent disclosure requirements apply, not only regarding the basis of the selected member's conflict of interest, but also the reason why there is no alternative source of decision -making authority. Regulation 18705(b). For the purposes of this section, a "quorum" means "the minimum number of members required to conduct business and when the vote of a supermajority is required to adopt an item, the "quorum" shall be that minimum number of members needed for that adoption." Regulation 18705(d). Note that this rule is construed narrowly and may not be invoked to permit an official who is otherwise disqualified to vote to break a tie or to vote if a quorum can be convened of other members of the agency who are not disqualified, whether or not such other members are actually present at the time of the decision. Regulation 18705(c). 4. Abstention When a public official has a conflict of interest under the Act, he or she is required to abstain from making, participating in making, or using or attempting to use his or her official position to influence the local agency's decision. Abstention avoids a violation of the conflict of interest provisions of the Act. The Act establishes specific procedures that most public officials must follow when they have a conflict of interest and are required to abstain from a decision. § 87105; Regulation 18707. Immediately prior to the consideration of the matter, the official must: (i) identify each financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that disclosure of the exact street address of a residence is not required); (ii) publicly state his or her recusal from the matter; and (iii) leave the room until after the disposition of the matter unless the matter appears on a consent calendar, or other similar portion of an agenda for uncontested matters, or the official is speaking as a member of the public regarding an applicable personal interest. § 87105; Regulations 18707, 18704(d) (2). The FPPC recently clarified the procedure required and precise information that must be disclosed, as described in new Regulation 18707. This includes additional information regarding rules for closed sessions and matters on the consent calendar. Public officials may not avoid disclosure through partial absences and must disclose financial interests either immediately prior to consideration of an item or if the official arrives after consideration, immediately after the official joins the meeting. The procedure stated in Regulation 18707(a) must be followed by all council members, judges, elected state officers, members of planning commissions, members of boards of supervisors, district attorneys, county counsels, city managers, city attorneys, city treasurers and other public officials who manage public investments, and to candidates for any of these offices at any election. §§ 87105, 87200. The Act does not require other public officials who must file financial disclosure forms under local conflict of interest codes to follow the same procedure, but the FPPC has now prescribed specific rules for those public officials. Regulation 18707(b). Summary of Principal Conflicts of Interest Laws and Regulations Page 23 © 2023 Richards, Watson & Gershon 2765318 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)(B). Like other members of the public, the official may listen to the comments of other speakers on the matter. Id. Note that when a public official abstains from a decision, his or her presence does not count toward achieving a quorum. Regulation 18707(a)(3). Accordingly, if several officials must abstain from a decision under the Political Reform Act, there may not be sufficient members of the body present to consider a matter under the Brown Act. In such a circumstance, it may be possible to use the exception for legally required participation, as discussed above. 5. Penalties for Violation Administrative, civil, and criminal penalties exist for violations of the conflict of interest provisions of the Act. The FPPC may levy administrative penalties after a hearing and may impose a fine of up to $5,000 per violation, a cease and desist order, and an order to file reports. § 83116. The FPPC recently updated regulations providing for streamlined administrative enforcement procedures and specific penalties for various types of violations. Regulations 18360, 18360.1, 18360.2, 18360.3. Civil penalties include injunctive relief that may be sought by the district attorney or any person residing in the jurisdiction. § 91003. In the event a court finds that the actions would not have been taken but for the action of the official with the conflict of interest, the court is empowered to void the decision. § 91003. Misdemeanor criminal penalties are provided in situations where a knowing or willful violation of the act occurs, and generally, persons convicted of violating the Act may not be a candidate for elective office or act as a lobbyist for four years after the conviction. §§ 91000, 91002. The statute of limitations for civil and criminal enforcement actions is four years from the date of the violation. §§ 91000(c), 9101 1(b). The statute of limitations for administrative actions brought by the FPPC is five years from the date of the violation. § 91000.5. Summary of Principal Conflicts of Interest Laws and Regulations Page 24 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 6. Seeking Advice on Conflict of Interest Questions It is important to note that only a formal advice letter from the FPPC staff can immunize a public official from potential enforcement by the FPPC or the District Attorney in the event the public official participates in a decision and someone subsequently alleges the public official had a prohibited conflict of interest. A formal advice letter usually takes the FPPC staff at least a month to prepare, is only provided if the request relates to prospective acts (as distinguished from past acts), and if it contains sufficient facts upon which the FPPC is able to render a decision. Informal written advice (without immunity from potential enforcement action) may also be requested from the FPPC staff as well as informal telephonic advice through their technical assistance division at 1 866 ASK FPPC (1 866 275 3772). Based on the time frames required to obtain formal or informal written advice from the FPPC, it is important for public officials to consult their city attorney or local agency counsel as early as possible so as to provide adequate time to gather all relevant facts, draft a letter to the FPPC, and respond to the advice once given. B. Government Code Section 1090 Government Code Section 1090 provides in relevant part: "[m]embers of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members." The purpose of the prohibition contained in Section 1090 is to preclude a public official from using his or her position to obtain business or financial advantage through the approval of contracts by the public entities which he or she serves. As more fully explained below, the prohibition applies to not only preclude a member of the body or board that approves the contract from directly contracting with that same public entity, but it also applies when the public official has a financial or other specified relationship to the entity that seeks to contract with the public entity. The intent of the law is to remove the possibility of any personal influence that might bear on an official's decision -making activities on contracts executed by his or her public entity. Upon the enactment of the Act in 1974, questions arose as to whether that new law impliedly repealed or preempted the provisions of Section 1090. The California Attorney General addressed this issue first, concluding in a 1976 opinion that the Act did not implicitly repeal or preempt Section 1090. 59 Ops. Cal. Att'y Gen. 604, 671 (1976). Since that time, the courts and the Attorney General have consistently considered Section 1090 as having continuing effect. For example, in People v. Honig, 48 Cal. App. 4th 289, 328-29 (1996), the defendant in a criminal case for violations of Section 1090 argued that the Act superseded Section 1090. The California Court of Appeal declined to so rule, holding instead that the term "financially interested" in Section 1090 has a different meaning than the term "material financial effect" in the Act. In another case, the California Court of Appeal again held that the Act and Section 1090 are "two different statutory schemes." City of Vernon v. Central Basin Mun. Water Dist., 69 Cal. App. 4th 508, 513 (1999); see also Fraser-Yamor Agency, Inc. v. County of Del Norte, 68 Summary of Principal Conflicts of Interest Laws and Regulations Page 25 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Cal. App. 3d 201 (1977); People v. Vallerga, 67 Cal. App. 3d 847 (1977); City Council v. McKinley, 80 Cal. App. 3d 204 (1978); City of Imperial Beach v. Bailey, 103 Cal. App. 3d 191 (1980); Thomson v. Call, 38 Cal. 3d 633 (1985); Campagna v. City of Sanger, 42 Cal. App. 4th 533 (1996); 67 Ops. Cal. Att'y Gen. 369, 375 (1984); 69 Ops. Cal. Att'y Gen. 102 (1986); 70 Ops. Cal. Att'y Gen. 45, 47 (1987); 73 Ops. Cal. Att'y Gen. 191, 194-95 (1990). Both the Act and the common law (meaning court -made) doctrine against conflicts of interest require the public official with a conflict of interest to abstain from participation in the decision. Section 1090, by contrast, also prohibits the public entity from entering into a contract in which one of its officers or employees has a financial interest, unless certain exceptions apply. If the conflicted official is a member of a board or commission that executes the contract, he or she is conclusively presumed to be involved in the making of his or her agency's contracts. Thomson v. Call, 38 Cal. 3d at 649. This absolute prohibition applies regardless of whether the contract is found to be fair and equitable or the official abstains from all participation in the decision. Thomson, 38 Cal. 3d at 649-50; Fraser-Yamor Agency, 68 Cal. App. 3d at 21 1-12; City of Imperial Beach, 103 Cal. App. 3d at 195. The only way a public entity could still enter into such a contract - i.e., in which an official who is a member of the board or commission that executes the contract has a financial interest - would be if that interest qualifies as a "remote interest" or "non -interest" within the meaning of specified provisions discussed below. 1. Three Principal Components of Section 1090 The prohibition contained in Section 1090 involves three principal components: (1) the person subject to the prohibition must be an officer or employee of one of the types of governmental entities listed in Section 1090; (2) the public officer or employee must be "financially interested" in a contract; and (3) the contract must be made by either the public official in his or her official capacity or by the body or board of which the official is a member. a. Officer or Employee of Listed Government Entity The first element is whether the person subject to the prohibition is a member of the Legislature or an officer or employee of the state, a county, a district, a judicial district, or a city. Virtually every officer or employee of a municipality or local governmental district is subject to the prohibition of Section 1090. In 2018, the Attorney General concluded that a California charter school's governing body is also subject to Section 1090. 101 Ops. Cal. Atty. Gen. 92. In recent years, the courts also have concluded that consultants may be considered "employees" for the purpose of civil liability under Section 1090. In 2017, the California Supreme Court held that Section 1090 applies to independent contractors "when they have duties to engage in or advise on public contracting that they are expected to carry out on the government's behalf." People v. Superior Court (Sahlolbei), 3 Cal. 5th 230 (2017); see also, California Housing Finance Agency v. Hanover/California Management and Accounting Center, Inc., 148 Cal. App. 4th 682, 691 (2007); see also, Summary of Principal Conflicts of Interest Laws and Regulations Page 26 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Hub City Solid Waste Services, Inc. v. City of Compton, 186 Cal. App. 4th 1114, 1 124- 1125 (2010). Moreover, the courts have held that even private companies may be subject to Section 1090 where the company has the potential to exert considerable influence over the agency's contracting decision. Davis v. Fresno Unified School District, 237 Cal. App. 4th 261 (2015); McGee v. Balfour Beatty Construction, LLC, 247 Cal. App. 4th 235, 261 (2016). In 2019, the California Court of Appeal clarified that a consultant's mere provision of services to a public agency does not create a per se conflict of interest precluding future contracts, if, in the initial transaction, the consultant was not entrusted with acting on behalf of the public agency. California Taxpayers Action Network v. Tabor Construction, Inc., 42 Cal. App. 5th 824 (2019). As such, we advise that both public agencies and independent contractors carefully evaluate whether their duties and obligations include engaging in or advising on public contracting. If so, their involvement in those contracting decisions must be evaluated for compliance with Section 1090. b. Financial Interest in a Contract The second element of the prohibition is the existence of a direct or indirect financial interest in a contract. The courts have interpreted the term "financially interested" as including any direct interest, such as that involved when a public official enters directly into a contract with the body of which he is a member. Thomson v. Call, 38 Cal. 3d 633 (1985). The courts have also interpreted "financially interested" as including indirect financial interests in a contract, where, for example, a public official has a business relationship with the entity that would be contracting with the public entity, or when the public official would gain something financially by the making of the contract. Fraser- Yamor Agency, 68 Cal. App. 3d 201 (1977); Finnegan v. Schrader, 91 Cal. App. 4th 572, 579 (2001). In Thomson v. Call, the California Supreme Court described the breadth of the statute this way: "Section 1090 forbids city officers ... from being 'financially interested in any contract made by them in their official capacity, or by any body or board of which they are members.' The proscribed interest certainly includes any direct interest, such as that involved when an officer enters directly into a contract with the body of which he is a member. California courts have also consistently voided such contracts where the public officer was found to have an indirect interest therein. . . . Neither the absence of actual fraud nor the possibility of a `good faith' mistake on [the officer's] part can affect the conclusion that this contract violates section 1090 and is therefore void." 38 Cal. 3d at 645-46 (citations omitted). In Thomson, a council member sold certain real property to a third party, knowing that the city was negotiating a deal to acquire multiple parcels of property in that area for a public park. The third party then conveyed the council member's property to the city, in an apparent attempt to evade the provisions of Section 1090. The court essentially "unwound" and invalidated the entire transaction based on the council member's Summary of Principal Conflicts of Interest Laws and Regulations Page 27 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations interest in the transaction. The court refused to focus on the isolated contract between the city and the third party that bought the property from the council member, but rather viewed all of the successive contracts as one complex multi -party agreement. The court ordered the council member to disgorge all funds he received in the transaction and ordered that the city retain title to the property. The court noted that this type of severe remedy was necessary to discourage violations of Section 1090. Other decisions have followed this same broad reading of "indirect interests." In People v. Vallerga, the California Court of Appeal summarized court decisions addressing financial interests under Section 1090 as follows: "However devious and winding the chain may be which connects the officer with the forbidden contract, if it can be followed and the connection made, the contract is void." 67 Cal. App. 3d 847, 867 (1977); see also People v. Honig, 48 Cal. App. 4th 289, 315 (1996) (stating the same rule). The scope of indirect interests that could form a "devious and winding chain" back to a public contract is broad, but this reflects the judicial stance of vigilant enforcement of Section 1090. See, e.g., Thomson, 38 Cal. 3d at 652 (" [T] he policy of strict enforcement of conflict -of -interest statutes ... provides a strong disincentive for those officers who might be tempted to take personal advantage of their public offices, and it is a bright - line remedy which may be appropriate in many different factual situations."); Berko v. Woodward, 125 Cal. 119, 128 (1899) (noting the need for "strict enforcement" of the conflict of interest statutes). Although Section 1090 traditionally has been interpreted broadly, a California appellate decision warned against an overly broad interpretation of the term "financial interest" for the purpose of Section 1090. See Eden Township Healthcare District v. Sutter Health, 202 Cal. App. 4th 208, 228 (2011). The court acknowledged the general principle that the "defining characteristic of a prohibited financial interest is whether it has the potential to divide an official's loyalties and compromise the undivided representation of the public interest the official is charged with protecting." Id. at 221. The court concluded that the salaried CEO of a non-profit medical center, who also served on the board of a hospital district, was not financially interested in contracts between the medical center and the hospital district, despite the clear potential effect on his employer. Id. at 222. The court noted that there was "nothing in the record to support the inference that the [agreements] bear any relationship to [the CEO's] continued employment" with the medical center. Id. at 223-224. Moreover, the court noted that there was "no evidence that [the CEO would] derive any financial benefit arising from the" agreements in question. Id. at 226. The court stated broadly: In our view, if the contract itself offers no benefit to the official, either directly or indirectly, then the official is not financially interested in the contract and any explicit legislative exemption for such a circumstance would be unnecessarily redundant. Id. at 228. The court distinguished the case of Miller v. City of Martinez, 28 Cal. App. 2d 364 (1938), in which the complaint alleged that a council member had a financial interest in a contract with a company that employed him and in which he also held stock. Id. at 226. Summary of Principal Conflicts of Interest Laws and Regulations Page 28 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations The ruling in Eden Township could be construed to suggest that an official is only "financially interested" in a contract that affects the official's compensation or continued employment.22 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.23 As such, we recommend that public officials seek legal assistance whenever a potential Section 1090 conflict arises. In addition to a "financial interest," there must be a contract in order for Section 1090 to apply, as described below. General contract principles apply to this determination and include such arrangements as purchase and service contracts as well as development agreements between a city and a developer (78 Ops. Cal. Att'y Gen. 230 (1995)); 82 Ops. Cal. Att'y Gen. 126, 129 n.4 (1999)), joint powers agreements (People v. Gnass, 101 Cal. App. 4th 1271, 1301 (2002)), and payments for conference attendance expenses (75 Ops. Cal. Att'y Gen. 20 (1992)). C. A Contract "Made" by the Official or by a Body or Board of which the Official Is a Member The third element necessary for a Section 1090 violation is that the contract has to be "made" either by the official or employee acting in his or her official capacity, or by any body or board of which the official is a member. The "making" of a contract is most commonly implicated by a city council's approval of a simple purchase order as part of the approval of a demand warrant registrar; this is likely to constitute the making of a contract within the scope of Section 1090. The courts have construed the term "made" as encompassing such elements in the formation of a contract as preliminary discussions, negotiations, compromises, reasoning, planning, and drawing of plans or specifications and solicitation for bids. Millbrae Ass'n for Residential Survival v. City of Millbrae, 262 Cal. App. 2d 222, 237 (1968). For example, in City Council of San Diego v. McKinley, 80 Cal. App. 3d 204, 212 (1978), a court of appeal found a Section 1090 violation when a city council entered into an agreement with a landscape architectural firm, of which the president, a stockholder, was also a member of the city's parks and recreation board. The board investigated and advised the city council on parks and recreation development issues, and it approved plans for a Japanese garden for which the board member's company ultimately received the development contract. Even though the board member was not a member of the city council, which awarded the contract to his company, the board member's participation in the planning for the garden was sufficient to constitute participation in "making" the contract: "[T]here is ample authority the negotiations, discussions, reasoning, planning, and give and take which go beforehand in the making of a decision to commit oneself must all be deemed to be a part of the making of an agreement in the broad sense. [Citation omitted.] Thus, the 22 See also, Ansolabehere Advice Letter, FPPC No. A-15-180, 2015 WL 9680325 (2015); Devaney Advice Letter, FPPC No. A-15-213, 2015 WL 7252462 (2015); but cf. Carney Advice Letter, FPPC No. A-16-073, 2016 WL 3212417 (2016) and Diaz Advice Letter, FPPC No. A-16-214, 2016 WL 7033000 (2016). 23 See, e.g., Diaz Advice Letter, FPPC No. A-16-214, 2016 WL 7033000 (2016) and Roy Advice Letter, FPPC No. A-16-157, 2016 WL 6565871 (2016). Summary of Principal Conflicts of Interest Laws and Regulations Page 29 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations final execution of a contract, which is the time when the contract is technically made, is not the only time when a conflict of interest may be presented." 80 Cal. App. 3d at 212. Similarly, in Stigall v. City of Taft, 58 Cal. 2d 565, 569-70 (1962), the California Supreme Court held that an impermissible conflict existed in a contract with a plumbing company owned by a council member, even though the council member resigned before the plumbing company's bid was accepted. The court recognized that activities prior to the signing of a contract can be integral to the decision to accept the contract. Id. at 569; see also Campagna v. City of Sanger, 42 Cal. App. 4th 533, 538 (1996). 2. Exceptions to Section 1090 a. "Remote Interest" Exception There are two categories of exceptions to Section 1090. The first, encompassing what are commonly referred to as "remote interests," is set forth in Section 1091. If an official has only a remote interest in a contract, then the local agency may enter into the contract as long as the official abstains from participating in the making of the contract in any way. Although this is not an exhaustive list of the "remote interest" exceptions, a few examples of "remote interest" exceptions include the following: • Remote interest exception for a compensated officer or employee of a nonprofit corporation (Section 1091 (b)(1)); • Remote interest exception for a person receiving a government salary, per diem, or reimbursement for expenses, even when the contract involves the department of the government entity that employs the board member (Section 1091 (b)(13)); • Remote interest exception for a litigation settlement agreement between an officer that is a party to litigation involving the body or board of which the officer is a member (Section 1091 (b)(15); and • Remote interest exception for the owner or partner of a firm who serves as an appointed member of an unelected board or commission of the contracting agency if the owner or partner recuses himself or herself from: (1) providing any advice to the contracting agency regarding the contract between the firm and the contracting agency; and (2) any participation in reviewing a project that results from that contract (Section 1091 (b)(17)). The "remote interest" exception applies only if the interest is disclosed to the body that approves the contract, the disclosure is noted in that body's official records, and the official abstains from voting. Further, members with a "remote interest" may not Summary of Principal Conflicts of Interest Laws and Regulations Page 30 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations attempt to influence any other member of the body or board of which they are members to enter into the contract. b. "Non -Interest" Exception The second category of exceptions is found in Section 1091.5. These are called "non - interest" exceptions and apply to a type of interest that is completely exempt from Section 1090 and, if held by the official, does not require abstention. Unlike the "remote interest" exceptions in Section 1091, most of the "non -interest" exceptions listed in Section 1091.5 are available to both board members and employees who are covered by the general prohibition in Section 1090. Although this is not an exhaustive list, examples of some of those exceptions are listed below: • Non -interest exception for government salary, per diem, or reimbursement of expenses when the contract does not involve the department of the government entity that employs the officer or employee (Section 1091.5 (a) (9)); • Non -interest exception for government salary to an officer's or employee's spouse when the spouse was employed by the government entity for at least one year prior to the officer's or employee's election or appointment (Section 1091.5 (a) (6)); • Non -interest exception for a non -compensated officer of a nonprofit corporation that supports the functions of the public entity or to which the public entity is required to give particular consideration (Section 1091.5 (a) (8)); • Non -interest exception for non -salaried members of a nonprofit corporation (Section 1091.5 (a)(7)); • Non -interest exception involving the receipt of public services on the same terms as would be provided if the officer were not a member of the governmental body or board (Section 1091.5 (a) (3)); and • Non -interest exception for contracts for public services between a special district and its board members if the special district requires board members to be landowners or representatives of a landowner and the contract is made on the same terms and conditions granted to everyone else. (Section 1091.5(a)(14)). For purposes of the exception, "public services" include the powers and purposes generally provided pursuant to provisions of the Water Code relating to irrigation districts, California water districts, water storage districts, or reclamation districts. Summary of Principal Conflicts of Interest Laws and Regulations Page 31 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 3. A Contract Made in Violation of Section 1090 is Void and Officials Violating Section 1090 Are Subject to Severe Penalties Finally, it is important to note the extreme consequences of a Section 1090 violation and thus the caution with which persons must act to ensure compliance with this law. A public official who willfully violates any of the provisions of Section 1090 "is punishable by a fine of not more than $1,000, or by imprisonment in the state prison, and is forever disqualified from holding any office in this state." § 1097. The civil fines applicable to Section 1090 violations now can be up to the greater of $10,000 or three times the value of the financial benefit received by the defendant for each violation. § 1097.3(a). In addition, a contract made in violation of Section 1090 is void under Section 1092. People ex rel. State v. Drinkhouse, 4 Cal. App. 3d 931, 935 (1970) ("[A] contract in which a public officer is interested is void, rather than voidable as the statute indicates."). As with the Political Reform Act, acting on the advice of counsel is not a defense to a Section 1090 violation. See People v. Chacon, 40 Cal. 4th 558 (2007); Chapman v. Superior Court, 130 Cal. App. 4th 261 (2005). Given these consequences, it is advisable for public officials to be very cautious in deciding whether they may participate in a contracting decision based on the existence of a "non -interest exception," whether they must abstain from those decisions based on the application of a "remote interest" exception, or whether their financial interest lies outside any exception and therefore precludes the public entity from entering into the contract altogether. 4. Aiding and Abetting Section 1090 Violations In 2014, the California Legislature adopted Senate Bill 952, which added a subsection (b) to Government Code Section 1090, which now reads: "An individual shall not aid or abet a Member of the Legislature or a state, county, district, judicial district, or city officer or employee in violating subdivision (a)" of Section 1090. The Legislature added a similar provision to Section 1093 such that a person "shall not aid or abet the Treasurer, Controller, a county or city officer, or their deputy or clerk" in purchasing or selling "warrants, scrip, orders, demands, claims, or other evidences of indebtedness" for personal gain. § 1093. The Legislature also added a penalty for these crimes to Section 1097, which applies when a person "willfully aids or abets an officer or person in violating" Section 1090 or certain other conflict provisions. In light of these new provisions, city officers and employees must be careful to avoid "aiding and abetting" a Government Code Section 1090 violation. 5. Seeking FPPC Advice on Section 1090 In 2013, the State Legislature adopted Assembly Bill 1090, which amended the enforcement provisions applicable to Government Code Section 1090. With the adoption of AB 1090, a person who is subject to the prohibition in Government Code Section 1090 may request advice and/or a formal opinion from the FPPC. § 1097.1(c). Opinions or advice must be requested prior to any action being taken, as the FPPC cannot issue options or advice based on past conduct. § 1097.1(c)(2). Such advice is admissible as evidence of good faith conduct by the requester if the requester truthfully Summary of Principal Conflicts of Interest Laws and Regulations Page 32 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations disclosed all material facts and relied on the advice or opinion of the FPPC. § 1097.1 (c). In addition, the FPPC is now authorized to enforce the prohibition in Government Code Section 1090 through administrative or civil actions. § 1097.1 (a). 6. Statute of Limitations for Section 1090 Violations The statute of limitations for bringing a criminal prosecution under Section 1090 is three years from the discovery of the violation. People v. Honig, 48 Cal. App. 4th 289, 304 (fn. 1) (1996); Penal Code §§ 801, 803(c). However, under Government Code Section 1092, a four-year statute of limitations applies to actions brought under Section 1090 to invalidate a contract. This four-year statute of limitations begins to run from the date that the plaintiff has discovered the violation, or in the exercise of reasonable care, should have discovered the violation. A four-year statute of limitations also applies to civil actions brought by the FPPC. § 1097.3(c). C. Common Law Doctrine Against Conflicts of Interest The common law doctrine against conflicts of interest constitutes the courts' expression of the public policy against public officials using their official positions for their private benefit. See Terry v. Bender, 143 Cal. App. 2d 198, 206 (1956). This doctrine provides an independent basis for requiring public officials and employees to abstain from participating in matters in which they have a financial interest. Violation of the doctrine can amount to official misconduct and can result in loss of office. Nussbaum v. Weeks, 214 Cal. App. 3d 1589 (1989). By virtue of holding public office, an elected official "is impliedly bound to exercise the powers conferred on him with disinterested skill, zeal, and diligence and primarily for the benefit of the public." Noble v. City of Palo Alto, 89 Cal. App. 47, 51 (1928). An elected official bears a fiduciary duty to exercise the powers of office for the benefit of the public and is not permitted to use those powers for the benefit of a private interest. Id. The common law doctrine against conflicts of interest has been primarily applied to require a public official to abstain from participation in cases where the official's private financial interest may conflict with his or her official duties. 64 Ops. Cal. Att'y Gen. 795, 797 (1981). However, the doctrine also applies when specific circumstances preclude a public official from being a disinterested, unbiased decision maker for a quasi-judicial matter. In one case, a council member who voted to deny permits for a condominium project near his house was deemed to have a common law conflict of interest (i.e., bias) due to his interest in preserving his ocean view and his personal animosity toward the applicants. Clark v. City of Hermosa Beach, 48 Cal. App. 4th 1 152 (1996). However, a more recent court decision creates some uncertainty as to whether the common law doctrine should be applied when statutory conflict of interest laws already address the particular situation. In BreakZone Billiards v. City of Torrance, 81 Cal. App. 4th 1205, 1233 (2000), the court declined to construe allegations of an official's bias in a decision to constitute a conflict of interest at common law when the applicable statutes already had been construed not to create a conflict of interest in that situation. In BreakZone, the court indicated, "[w]e continue to be cautious in Summary of Principal Conflicts of Interest Laws and Regulations Page 33 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations finding common law conflicts of interest .... We reject the application of the doctrine in this case, assuming, arguendo, it exists." 81 Cal. App. 4th at 1233. 11. OTHER SPECIALIZED CONFLICTS OF INTEREST LAWS AND REGULATIONS A. Doctrine Against Holding Incompatible Offices 1. The Common Law Doctrine Against Holding Incompatible Offices In addition to Government Code Section 1099 (discussed below), a common law doctrine (that is, legal principles established over time by court decisions) applies to prevent public officials from holding multiple public offices simultaneously. The common law doctrine against incompatibility of offices arose from a concern that the public interest would suffer when one person holds two public offices which might possibly come into conflict. The California Supreme Court set forth the following test for incompatibility of offices in People ex rel. Chapman v. Rapsey, 16 Cal. 2d 636 (1940): "Two offices are said to be incompatible when the holder cannot in every instance discharge the duties of each. Incompatibility arises, therefore, from the nature of the duties of the offices, when there is an inconsistency in the functions of the two, where the functions of the two are inherently inconsistent or repugnant, as where antagonism would result in the attempt by one person to discharge the duties of both offices, or where the nature and duties of the two offices are such as to render it improper from considerations of public policy for one person to retain both." 16 Cal. 2d at 641-42. Incompatibility of offices is not measured only by conflicts which do exist, but also by those conflicts which might arise. Chapman, 16 Cal. 2d 636, 641-42 (1940); 66 Ops. Cal. Att'y Gen. 382, 384 (1983); 64 Ops. Cal. Att'y Gen. 288, 289 (1981). In order to determine whether two positions are in conflict, it is necessary to determine first whether the two positions are both public offices within the scope of the doctrine. No statutory definition is given to the term "public officer." However, in Chapman, the court stated: "[A] public office is said to be the right, authority, and duty, created and conferred by law — the tenure of which is not transient, occasional, or incidental — by which for a given period an individual is invested with power to perform a public function for public benefit .... One of the prime requisites is that the office be created by the Constitution or authorized by some statute. And it is essential that the incumbent be clothed with a part of the sovereignty of the state to be exercised in the interest of the public." Summary of Principal Conflicts of Interest Laws and Regulations Page 34 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 16 Cal. 2d at 640 (citation omitted). Incompatibility can be triggered if the duties of the two offices "overlap so that their exercise may require contradictory or inconsistent action, to the detriment of the public interest." People ex rel. Bagshaw v. Thomson, 55 Cal. App. 2d 147, 150 (1942). Only one significant clash of duties and loyalties is required to make offices incompatible. 37 Ops. Cal. Att'y Gen. 21, 22 (1961). The policy set forth in Chapman includes prospective as well as present clashes of duties and loyalties. 63 Ops. Cal. Att'y Gen. 623 (1980) . Abstention has not been recognized as a remedy for incompatible offices. The general rule provides: "The existence of devices to avoid . . . [conflicts] neither changes the nature of the potential conflicts nor provides assurances that they would be employed. Accordingly, the ability to abstain when a conflict arises will not excuse the incompatibility or obviate the effects of the doctrine." 66 Ops. Cal. Att'y Gen. 176, 177 (1983) (citation omitted). The effect of the doctrine of incompatibility of offices is that a public official who enters into the duties of a second office is deemed to have automatically vacated the first office if the two are incompatible. Chapman, 16 Cal. 2d at 644. A list of some of the offices that the California Attorney General has found to be incompatible are as follows: • County board of supervisors member and community college board member. 78 Ops. Cal. Att'y Gen. 316 (1995). • Fire chief and board of supervisors member. 66 Ops. Cal. Att'y Gen. 176 (1983). Public utility district member and county board of supervisors member. 64 Ops. Cal. Att'y Gen. 137 (1981). • School district trustee and council member. 73 Ops. Cal. Att'y Gen. 354 (1990) . • School board member and council member. 65 Ops. Cal. Att'y Gen. 606 (1982). • County planning commissioner and council member. 63 Ops. Cal. Att'y Gen. 607 (1980). • Fire chief and council member. 76 Ops. Cal. Att'y Gen. 38 (1993). • County planning commissioner and city planning commissioner. 66 Ops. Cal. Att'y Gen. 293 (1983). Summary of Principal Conflicts of Interest Laws and Regulations Page 35 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • County planning commissioner and county water district director. 64 Ops. Cal. Att'y Gen. 288 (1981). • City planning commissioner and school district board member. 84 Ops. Cal. Att'y Gen. 91 (1997). • City manager and school district board member. 80 Ops. Cal. Att'y Gen. 74 (1997). • School district board member and community services district board member. 75 Ops. Cal. Att'y Gen 112 (1992). 2. The Statutory Codification of the Common Law Doctrine of Incompatible Offices - Government Code Section 1099 Government Code Section 1099 is intended to create a statutory rule against holding incompatible offices. This section is not intended to expand or contract the common law rule and is intended to be interpreted based on precedent created through court decisions under the common law doctrine. Stats. 2005, c. 254 (S.B. 274), § 2. Section 1099 provides that a public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee or other body, shall not simultaneously hold two public offices that are incompatible as defined by the statute. Section 1099 provides that offices are incompatible when: • Either of the offices may audit, overrule, remove members of, dismiss employees of, or exercise supervisory powers over the other office or body; • Based on the powers and jurisdiction of the offices, there is a possibility of a significant clash of duties and loyalties between the offices; or • Public policy considerations make it improper for one person to hold both offices. As is the case under the common law doctrine, Section 1099 provides that when two public offices are incompatible, a public officer shall be deemed to have forfeited the first office upon acceding to the second office. However, Section 1099 recognizes that certain state laws or possibly local ordinances may expressly provide for the simultaneous holding of particular offices and that result would not be precluded by Section 1099.24 Section 1099 does not apply if one of the positions is a mere position of 24 See, e.g., People ex rel. Lacey v. Robles, 2020 WL 467582 (2020), which held that Section 1099's exception to the rule against holding incompatible offices if "simultaneous holding of the particular offices is compelled or expressly authorized by law" did not apply to an official serving as a mayor and a member of the board of directors for a water replenishment district, despite the fact that the city council and the water replenishment district adopted an ordinance and resolution, respectively, authorizing the official to simultaneously hold both offices. The court reasoned that (1) the Legislature's reference to "law" is "best understood as a reference to state, not local, law"; and (2) even if the reference to "law" could be understood to allow local jurisdictions to deem offices compatible notwithstanding a possible conflict in duties or loyalties, the water replenishment district lacked the authority to authorize its board members to hold incompatible offices. Summary of Principal Conflicts of Interest Laws and Regulations Page 36 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations employment rather than a public office. It also does not apply when one of the positions is a member of a legislative body that has only advisory powers. § 1099(c), (d). B. Incompatible Outside Activities Government Code Section 1 126(a) provides, in relevant part: "[A] local agency officer or employee shall not engage in any employment, activity, or enterprise for compensation which is inconsistent, incompatible, in conflict with, or inimical to his or her duties as a local agency officer or employee or with the duties, functions, or responsibilities of his or her appointing power or the agency by which he or she is employed...." The provisions of Section 1 126 prohibit officials and employees of a local government agency from engaging in outside employment or activities where any part of the employment or activity will be subject to approval by any other officer, employee, board or commission of the local agency. Exceptions are created to permit a public official to engage in outside employment by a private business, and to permit an attorney employed by a local agency in a non -elective position to serve on an appointed or elected governmental board of another agency. §§ 1127, 1128. However, the court in Mazzola v. City and County of San Francisco, 112 Cal. App. 3d 141 (1980) ruled that Section 1126 provides only authorization to implement standards for incompatibility pursuant to paragraph (b) of Section 1126. The court ruled that the restrictions of Section 1126 are not self-executing because existing and future employees should have notice that specific outside activities are, or are not compatible with their duties as an officer or employee of the local agency. Thus, Section 1126 would not bar a public official from holding a position outside his or her public agency unless the public agency in which he or she serves as a public official adopts an ordinance in compliance with the requirements of Section 1126 that specifies that the two positions or activities are incompatible. Many cities have not adopted such ordinances. In light of the court's decision in Mazzola, the Attorney General ruled that Section 1 126 did not apply to any elected official, such as a council member, since elected officials do not have an "appointing power" that can promulgate guidelines for their activities pursuant to Section 1126. However, if a local agency adopts such guidelines, they can be made applicable to officers and employees subordinate to the legislative body of the local agency, including members of advisory boards and commissions. § 1 126(a). Summary of Principal Conflicts of Interest Laws and Regulations Page 37 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations C. Successor Agency and Oversight Board Conflicts 1. Form 700s for Successor Agency and Oversight Board Members Regarding any city that adopted a resolution establishing a successor agency to the former redevelopment agency as a separate legal entity, an official who already files an annual Form 700 in his or her capacity as a city official does not need to file an Assuming Office Statement ("Assuming Office Form 700") within 30 days of assuming his or her position with the successor agency as long as these same city officials are already required to disclose all categories of economic interests. The successor agency official or employee will, however, have to file an Assuming Office Form 700 if he or she is not already required to disclose as a city official all categories of economic interests. With respect to those successor agency officers and employees who do have an obligation to file an Assuming Office Form 700, the 30-day deadline for completing those filings is likely 30 days from the date he or she was appointed rather than 30 days after the officer or employee is sworn in to office or starts to perform duties. This means that if the successor agency was formed as a separate governmental entity, the date that the official was appointed to his or her position would be the date that the successor agency adopted its rules and regulations, established successor agency positions in those rules, and designated specific city officials to fill those positions. However, if the successor agency appointed certain city officials to those positions at a later point in time, that later date would be the date from which the 30-day period would commence to run. Members of an oversight board are subject to the Political Reform Act. This means oversight board members must comply with both the Act's conflict of interest disqualification and disclosure requirements. Oversight board members who do not also hold a concurrent city position need to file an Assuming Office Form 700 within 30 days of their appointment. For example, the appointees of the county, superintendent of schools, and other non -city representatives who do not concurrently hold a city position, should file an Assuming Office Form 700 as an oversight board member with the city clerk. Similarly, if one or both of the mayor's appointees do not concurrently hold a position with the city requiring disclosure of economic interests in all categories, they should file an Assuming Office Form 700 within 30 days of their appointment. However, if a person appointed by the mayor to represent the city on the oversight board or any other appointee to the oversight board concurrently holds a position with the city that is already required to broadly disclose in all categories, these persons would not be required to file an Assuming Office Form 700 under the FPPC staff rationale noted above. 2. Obligation of Successor Agencies to Adopt Conflict of Interest Codes The Act requires that local government agencies must adopt a conflict of interest code. An exception applies for those agencies where all of its officials and employees are already required to file Statements of Economic Interests as city officials. In the Summary of Principal Conflicts of Interest Laws and Regulations Page 38 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations case of a successor agency, some members of its oversight board will not be city officials or employees. For example, the county, school district, county superintendent, and community college appointees are most likely not going to be current city officials or employees. Consequently, the successor agency must adopt a conflict of interest code that includes the oversight board. 3. City Councils are the Code Reviewing Bodies for the Successor Agency's Conflict of Interest Code Section 82011 (c) provides that for "city agencies," the code reviewing body is the city council. The term "city agencies" is not defined in the Act but has been interpreted by the FPPC to mean local government agencies located solely within the boundaries of one city. In the past, the FPPC has interpreted a redevelopment agency as being a "city agency" and the city council as being the code reviewing body for the redevelopment agency. In the case of a successor agency of a former redevelopment agency that operates solely within the boundaries of one city, the successor agency will not have a jurisdictional boundary that extends beyond the boundary of the city. Consequently, the city council of the city in which the former redevelopment agency operated will be the code reviewing body for the successor agency. The city council, as the code reviewing body, is required to review and approve the successor agency's conflict of interest code not later than six months from the date the successor agency came into existence. § 87303. However, we recommend that this step be completed prior to that deadline for reasons mentioned below. Thus, it is appropriate to place the successor agency's conflict of interest code on a city council agenda for approval soon after the successor agency has adopted it. 4. The City Council May Designate the City Clerk as the Filing Officer for the Successor Agency's Statements of Economic Interests The term "filing officer" is defined in the Act to be the office or officer with whom any statement or report is required to be filed under this title. § 82027, Regulation 18115. In determining where Form 700s are to be filed for officials of a successor agency, the city council, as the code reviewing body, may designate whether the "agency" (successor agency) or the "code reviewing body" (city council) is to be the entity with which Form 700s are filed. § 87500(p). Once that designation is made, the duty to perform the functions of filing officer must be delegated to an individual in either entity such as the city clerk, pursuant to Regulation 18227. The person designated becomes the "filing officer." Regulation 18227 provides that every entity with whom forms are filed shall assign to a specific official the responsibility for receiving and forwarding reports filed pursuant to Section 87500 (including Form 700s). Once assigned, the filing officer has a duty to supply Form 700s, review submitted Form 700s for completeness, and notify all persons who have failed to file forms and report violations to appropriate agencies. See § 81010, Regulations 18115, 181 15.1, 181 15.2. Summary of Principal Conflicts of Interest Laws and Regulations Page 39 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Thus, the city clerk or the successor agency secretary will most likely be the filing officer for the successor agency but such designation will ultimately be determined by the city council when acting as the code reviewing body for the successor agency's conflict of interest code. In the action to approve the successor agency's conflict of interest code, the city council should approve the successor agency's designation of the city clerk or successor agency secretary to be the filing officer for the successor agency's officials. In the meantime, it is appropriate for the city clerk or successor agency secretary to begin performing the duties of the filing official for the successor agency even though such designation will not be finalized until approved by the city council as the code reviewing body. It is recommended that one of the first steps for the city clerk or successor agency secretary to undertake is to make a record of the appointment date for each officer of the successor agency and each member of the oversight board. With respect to those officials of the successor agency and oversight board that are not otherwise exempt from filing Assuming Office Form 700s for their position with the successor agency, city clerks should provide forms to those persons and facilitate the filing of those forms within the 30-day time period required. City clerks should be mindful of the more explicit obligations now set forth in Regulations 18104, 18115, 181 15.1, and 181 15.2. D. Discount Passes on Common Carriers Article XII, Section 7 of the California Constitution states: "A transportation company may not grant free passes or discounts to anyone holding an office in this state; and the acceptance of a pass or discount by a public officer, other than a Public Utilities Commissioner, shall work a forfeiture of that office. A Public Utilities Commissioner may not hold an official relation to nor have a financial interest in a person or corporation subject to regulation by the commission." The Attorney General has explained this provision applies in the following manner: • The prohibition applies to public officers, both elected and non -elected, but not employees. • The prohibition applies to interstate and foreign carriers as well as domestic carriers, and to transportation received outside California. • The prohibition applies irrespective of whether the pass or discount was provided in connection with personal or public business. • Violation of the prohibition is punishable by forfeiture of office. There have only been a few decisions that address this constitutional prohibition. In one opinion, the Attorney General granted leave to sue two members of a city council who accepted free airline tickets to London given by Laker Airlines as part of the airline's promotion of its new Los Angeles to London service. Despite the fact that the council Summary of Principal Conflicts of Interest Laws and Regulations Page 40 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations members were unaware of the prohibition, the Attorney General allowed a quo warranto suit that subsequently settled before judgment. See, e.g., 76 Ops. Cal. Atty. Gen. 1, 3 (1993). In another opinion, the mayor of a city received an upgrade from a coach seat to a first class seat on Hawaiian Airlines. 76 Ops. Cal. Atty. Gen. 1 (1993). There, the mayor's ticket was one of 20 first-class upgraded tickets that the airline was allowed to provide to "high profile, prominent members of the community." At issue was whether that situation fit within an exception to the constitutional prohibition for situations when the free transportation or discount is provided to a public officer as a member of a larger group unrelated to the official's position. The Attorney General ruled that the facts did not satisfy the exception and that a violation of the prohibition had occurred. The exception considered in that opinion stemmed out of a 1984 opinion of the Attorney General which held that a public officer could accept first-class ticket upgrades by virtue of the airline's policy to do so for all persons on their honeymoon. In 67 Ops. Cal. Atty. Gen. 81 (1984), the Attorney General concluded that a public officer, whose spouse was a flight attendant, could accept a free transportation pass or discount when such was offered to all spouses of flight attendants without distinction to the official status of the recipient. Consequently, if the pass or discount is provided to the official because of his or her position as a governmental official, the prohibition applies. If it is provided to the official as a member of a larger group that is not related to the functions of his or her office, the prohibition may not be applicable. E. Conflicts upon Leaving Office - the "Revolving Door" Former elected officials and former city managers are restricted from receiving compensation for lobbying their city for one year after they leave public office. This restriction also applies to elected county and district officials and their chief administrative officers or general managers, but not to department directors or other public officials and employees. § 87406.3(a). A violation of the statute constitutes a misdemeanor, and the FPPC is authorized to impose administrative fines and penalties for its violation. § 91000. The type of lobbying subject to the ban includes both formal and informal appearances before a local agency and making any oral or written communication to the agency. The statute proscribes the appearances and communications if they are made to influence administrative or legislative action, or affect the issuance, amendment, awarding or revocation of a permit, license, grant, or contract, or the sale or purchase of goods or property. § 87406.3(a). The term "administrative actions" within the scope of the lobbying ban includes "the proposal, drafting, development, consideration, amendment, enactment, or defeat by any local government agency of any matter, including any rule, regulation, or other action in any regulatory proceeding, whether quasi -legislative or quasi-judicial." However, matters that are "solely ministerial" are expressly excluded from the Summary of Principal Conflicts of Interest Laws and Regulations Page 41 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations prohibition. § 87406.3(d) (1). The type of "legislative action" within the scope of the ban includes: "the drafting, introduction, modification, enactment, defeat, approval, or veto of any ordinance, amendment, resolution, report, nomination, or other matter by the legislative body of a local government agency or by any committee or subcommittee thereof, or by a member or employee of the legislative body of the local government agency acting in the member or employee's official capacity." § 87406.3(d)(2). The lobbying ban does not apply to any public official who is appearing or communicating on behalf of another local governing body or public agency of which the individual is a board member, officer or employee. § 87406.3(b)(1). Therefore, if such former elected city official or former city manager is contacting his or her city on behalf of the state, a county, a school district or some other governmental entity (in his or her capacity as a board member, officer, or employee), such activity is not precluded by the ban. 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 minimum standard applicable to all cities. F. Laws Prohibiting Bribery A number of state statutes prohibit bribery of public officials. Specifically, it is illegal to give or offer to give a bribe to a public official, or for a public official to ask for, receive, or agree to receive any bribe. Penal Code §§ 67, 68. Under a strict reading of these statutes, Penal Code Section 68 applies to bribery of a "ministerial officer, employee, or appointee," and Penal Code Section 67 applies only to bribery of an "executive officer in this state," but the courts have interpreted both statutes as having a broad scope applicable to public officials generally. People v. Hallner, 43 Cal. 2d 715, 717 (1954) (observing that Penal Code Section 67, despite its wording, is "all inclusive" and includes city officials, and that "[b]y the sixty-seventh section the offense defined is that of one who offers; by the sixty-eighth, that of one who receives a bribe"); People v. Strohl, 57 Cal. App. 3d 347, 360 (1976) ("Numerous California Supreme Court and appellate court decisions since 1954 have held that `executive officers' of various levels of local government, including the county level, as herein involved, come within [Penal Code] Section 67."). The Legislature also expressly made bribery of council members and supervising officials a crime, as well as solicitation of bribes by council members and supervisors. Penal Summary of Principal Conflicts of Interest Laws and Regulations Page 42 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 criminal; merely offering to give or receive a bribe constitutes a violation of law. See, e.g., People v. Pic'I (1982) 31 Cal. 3d 731, 739 (noting that a "meeting of the minds" is unnecessary for a bribery conviction). A public officer forfeits his office if he requests, receives, or agrees to receive a bribe. Penal Code § 68. In addition, every officer convicted of any crime defined in the Penal Code sections pertaining to bribery and corruption is forever disqualified from holding any office in the state. Penal Code § 98. Note also that bribery and soliciting bribery potentially violate not only the Penal Code, but also the conflict of interest statutes. For example, in Terry v. Bender, 143 Cal. App. 2d 198 (1956), a court of appeal held that a council member violated Government Code Section 1090 when he solicited and received a bribe from an attorney in exchange for the council member's vote to employ the attorney with the city. 143 Cal. App. 2d at 207 (observing that by accepting the bribe, the council member "had placed himself in a position of economic servitude" in violation of Section 1090). Because the bribe "restricted the free exercise of the discretion vested in him for the public good," there was an impermissible conflict of interest. G. Campaign Contributions 1. Conflicts of Interests Arising for Elected and Appointed Officials 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. This disqualification provision applies to appointed and local elected officials under new legislation25 that significantly changed the rules regarding campaign contributions to local elected officials.26 As of January 1, 2023, a local elected official cannot: (i) solicit, accept or direct a campaign donation over $250 from a party or a participant involved in a matter presently before the local agency and during the 12 months following the final decision; or (ii) participate in a proceeding 25 Senate Bill ("SB") 1439. 26 The FPPC determined that the disqualification provision under the Levine Act does not apply retroactively to campaign contributions that local elected officials received in 2022. The Act similarly does not apply retroactively to prohibit local elected officials from accepting campaign donations based on proceedings in 2022. Kendrick Advice Letter, No. 0-22-002, 2022 WL (2022). Summary of Principal Conflicts of Interest Laws and Regulations Page 43 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations involving a party or a participant from whom the local elected official accepted over $250 within the preceding 12 months. § 84308. Importantly, in addition to now applying to local elected officials, the restrictions in Government Code Section 84308 still apply to planning commissioners and other officers of a public entity who are not directly elected by the voters. Also, under the new law, an official who receives a prohibited donation may cure the violation depending on when the contribution was received. If a prohibited contribution was received during the 12 months before the final decision, then the contribution may be returned within 30 days from the time the official "knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use." Doing so cures the violation and allows the official to participate in the proceeding. Contributions of more than $250 may not be accepted during the proceeding and there is no "cure" for that violation. An official who unwillingly or unknowingly receives a contribution during the 12 months after the final decision may cure the violation by returning the excess amount "within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest." The official or a controlled campaign committee must also maintain records of curing such violations. § 84308. The Act 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 $590 or more in value during the 12 months prior to the decision. § 87103(c), (e); Regulations 18700, 18940.2. Campaign contributions, however, are not considered a "financial interest" for purposes of this disqualification because they are neither "income" nor a "gift" within the meaning of the statute. §§ 82028(b)(4), 82030(b)(1). This disqualification therefore is not triggered as a result of a council member's receipt of a campaign contribution. 2. Application of Federal Corruption Laws to the Offer or Solicitation of Illegal Campaign Contributions Tied to an Official Act Federal corruption laws apply to situations where the receipt of illegal, laundered or unreported campaign contributions are tied to an official act. In one case arising out of the City of San Diego, two council members were charged and convicted of wire fraud for conspiring to change the city's ordinance regulating adult -oriented businesses in exchange for campaign contributions from an adult -oriented business that had been illegally "laundered" through contributions made by residents of the city or which had been unreported and which constituted bribes. See United States v. Inzunza, 303 F. Supp. 2d 1041, 1043 (S.D. Cal. 2004) for a list of the charges; the case was referred to in the press as the San Diego "Strip pergate" case. The charges included the alleged use of wire communications in interstate commerce in furtherance of the alleged conspiracy to defraud the public of their intangible right to honest service, in violation of 18 U.S.C. §§ 1951 (the Hobbs Act) and 1952 (Interstate Transportation in Aid of Summary of Principal Conflicts of Interest Laws and Regulations Page 44 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Racketeering). One of those convictions was later overturned. However, the case points out that direct connections between official acts and illegal or unreported campaign contributions may result in charges of bribery under California law and a violation of certain federal wire fraud and racketeering laws. 3. Ban on Local Agency Officials and Employees Soliciting Campaign Contributions from Officials and Employees of the Same Agency In an effort to avoid local agency public employees being drawn into local political campaigns or having their positions become the subject of political reward or retribution, California law contains a prohibition on the solicitation of campaign contributions by a local agency official or employee of other officials or employees within the same local agency. Section 3205 prohibits an officer or employee of a local agency from soliciting political contributions from an officer or employee of that same local agency. The prohibition applies to incumbents seeking re-election and to non - incumbent candidates for local agency office. An exception exists for broad general public solicitations to a "significant segment of the public" that also include some local agency officials and employees of that agency. § 3205(c). No definition exists as to what constitutes a significant segment of the public. In the context of conflict of interest provisions in the Political Reform Act, that term now is defined to include segments of the local agency population such as 25 percent of all individuals within an official's jurisdiction (Regulation 18703), and, in the absence of any court interpretation of the law, that standard provides some guidance on what may be a sufficiently broad solicitation to come within 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 Summary of Principal Conflicts of Interest Laws and Regulations Page 45 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations members.27 Currently, state law only prohibits such "extended family" interests for the governing boards of school districts. Educ. Code § 35107(e). Under that statute, a school board member must abstain from participating in personnel matters that uniquely affect his or her relative. "Relative" is defined as an adult who is related to the official by blood or affinity within the third degree, or in an adoptive relationship within the third degree. There is no comparable statute for cities and counties, but some local governments have established similar restrictions through ordinances or policies. The issue of familial relations comes up more frequently in the context of personnel decisions, as when a public entity prohibits the hiring of relatives of public officials or employees. Such anti -nepotism policies are generally upheld by the courts. For example, in Parsons v. County of Del Norte, 728 F. 2d 1234 (9th Cir. 1984), the Ninth Circuit upheld a county policy prohibiting spouses from working in the same department. The Ninth Circuit held that the policy did not violate the Equal Protection and Due Process clauses of the U.S. Constitution and was rationally related to a legitimate government interest: avoidance of conflicts of interest and favoritism in employee hiring, supervision and allocation of duties. See also Kimura v. Roberts, 89 Cal. App. 3d 871, 875 (1979) (upholding a policy prohibiting spouses from serving on both the city council and planning commission, reasoning that "the finding of the mayor and the city council that an actual or implied conflict of interest existed, is eminently rational, practical and legally sound"). Note, however, that state law prohibits the application of anti -nepotism rules to spouses in some circumstances. The Fair Employment and Housing Act prohibits an employer from making an employment decision based on whether an employee or applicant has a spouse presently employed, except in two specific situations: • For business reasons of supervision, safety, security or morale, an employer may refuse to place one spouse under the direct supervision of the other spouse. • For business reasons of supervision, security or morale, an employer may refuse to place both spouses in the same department, division or facility if the work involves potential conflicts of interest or other hazards greater for married couples than for other persons. 2 C.C.R. § 1 1057(a) (emphasis added). 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. 27 Davies Advice Letter, No. 1-90-329, 1990 WL 698051 (1990). Summary of Principal Conflicts of Interest Laws and Regulations Page 46 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations III. LAWS AND REGULATIONS AFFECTING RECEIPT OF GIFTS, HONORARIA AND LOANS The PRA provisions and other conflict of interest laws discussed above do not prohibit a public official from having an interest in a business or real property. Instead, they merely limit the official's ability to participate in governmental decisions that would materially affect those interests. There are additional restrictions in the PRA, however, with regard to certain gifts, honoraria and loans. The statute precludes local officials (including council members and planning commissioners) from receiving certain gifts, honoraria and loans. These prohibitions apply whether or not the source of the gift, honorarium or loan is or will ever be affected by a decision of the official's agency. This section outlines these prohibitions. A. Limitations on Receipt of Gifts 1. General Gift Limitation Government Code Section 89503(a) provides: "No elected state officer, elected officer of a local government agency, or other individual specified in Section 87200 shall accept gifts from any single source in any calendar year with a total value of more than [$590]." (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 $590 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, 2023, wherein the gift limit increased to $590. Regulation 18940.2. This figure will be further adjusted in future odd -numbered years. Summary of Principal Conflicts of Interest Laws and Regulations Page 47 © 2023 Richards, Watson & Gershon 2765318 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 that must be ultimately used or transferred to have value, 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. Regulation 18942(a) (2). First, an unused gift returned to the donor, the donor's agent, or the donor's intermediary for which the returning party does not receive anything of value in exchange for the returned payment, does not constitute a gift. Regulation 18941 (c) (1). Next, an unused 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, also does not constitute a gift. Regulation 18941 (c) (2). Lastly, a gift fully reimbursed to the donor, agent, or intermediary from the recipient official is not a gift, but a partial reimbursement will result in a reduced gift amount. Regulation 18941 (c)(3). C. Family Gifts A payment from an individual's family member is not considered a gift unless the donor is acting as an agent or intermediary for any other person. The family members included in this exception are a spouse or former spouse, child or step -child, parent, grandparent, grandchild, brother, sister, current or former parent -in-law, current or former brother-in-law, current or former sister-in-law, nephew, niece, aunt, uncle, grand nephew, grand niece, grand aunt, grand uncle, first cousin or first cousin once removed, or the current or former spouse of any such person other than a former in-law. Regulation 18942(a)(3). d. Campaign Contributions Campaign contributions that are reported in accordance with separate provisions of the Act are not considered gifts. Regulation 18942(a)(4). Summary of Principal Conflicts of Interest Laws and Regulations Page 48 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations e. Inherited Money or Property Devises or inheritances of any kind are not considered gifts. Regulation 18942(a)(5). f. Awards A personalized plaque or trophy with an individual value of less than $250 is not a gift. Regulation 18942(a)(6). 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. Regulation 18942.2. 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. A "home" includes a vacation home owned, rented, or leased by the individual for use as his or her residence, including in some cases a timeshare or a motor home or boat owned, rented, or leased by the individual for use as his or her residence. "Home" also includes any facility in which the individual has a right -to -use benefit by his or her home residency, such as a community clubhouse. Regulation 18942.2. 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(a)(7). The cost of providing hospitality must also not include any part of the value or rental cost of the home nor any depreciation value on the home where the hospitality is extended for the exception to apply. Id. 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). Summary of Principal Conflicts of Interest Laws and Regulations Page 49 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations i. Reciprocal Exchanges Reciprocal exchanges made in a social relationship between an official and another individual who is not a lobbyist and with whom the official participates in repeated social events are not gifts where the parties typically rotate payments on a continuing basis so that, over time, each party pays for approximately his or her share of the costs of the continuing activities. The repeated social events may include lunches, dinners, rounds of golf, attendance at entertainment or sporting events, or any other such event so long as the total value of payments received by the official within the year is not substantially disproportionate to the amount paid by the official. If the official receives much more than what he or she paid, the official has received a gift for the excess amount. This exception does not apply to any single payment that is equal to or greater than $590. Regulation 18942(a) (8) (B). j. Leave Credits Donated to an Official Leave credits, including vacation, sick leave, or compensatory time off, donated to an official in accordance with a bona fide catastrophic or similar emergency leave program established by the official's employer are not gifts as long as they are available to all employees in the same job classification or position. This exception does not include donations of cash. Regulation 18942(a) (9). k. Disaster Assistance Payments received under a government agency program or a program established by a 501 (c) (3) organization designed to provide disaster relief or food, shelter, or similar assistance to qualified recipients are not gifts as long as such payments are available to members of the public regardless of official status. Regulation 18942 (a) (10). I. Admission when "Speech" Made Payment of the official's admission by the organizer of an event is exempt from the gift limitations if the official makes a "speech" at the event. Regulation 18942(a)(11). This exemption applies if the official is "making a speech, participating on a panel, or making a substantive formal presentation at a seminar or similar event." Regulation 18950(b) (2). For the purpose of the exemption, the price of admission can include food and "nominal items" including things like pens, stress balls, note pads, etc. Regulation 18942(a) (11). m. Campaign Travel The payments made to an elected officer or candidate for his or her transportation, lodging, or subsistence provided in direct connection with campaign activities, including attendance at political fundraisers, are exempt from the gift limitations. Payments made during the six-month period prior to an election are considered "in direct connection" with the campaign activities if the payment is for necessary transportation, lodging, or subsistence and used for the officer's or candidate's participation in forums, debates or other speaking events or attendance at campaign strategy meetings with staff or consultants. Beyond this six-month period, the payment Summary of Principal Conflicts of Interest Laws and Regulations Page 50 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations is considered a gift unless it is clear from the surrounding circumstances that the payment was made directly in connection with campaign activities. Regulations 18942(a)(12), 18950.3. n. Ticket for Ceremonial Role A ticket which is provided to an official and one guest of the official for his or her admission to an event where the official performs a ceremonial role on behalf of the agency is not a gift, so long as the agency reports the ticket on its Form 802. The term "ceremonial role" means an act performed at an event by the official as a representative of the official's agency at the request of the holder of the event where, for a period of time, the focus of the event is the act performed by the official. Examples include throwing out the first pitch at a baseball game, cutting a ribbon at a library opening, or presenting a certificate or award. A city may adopt specific policies 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). Summary of Principal Conflicts of Interest Laws and Regulations Page 51 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 $590 or greater. Regulation 18942(a) (18) (A). t. Acts of Human Compassion Payments provided to an official or his or her family member by an individual to offset family medical or living expenses that the official can no longer meet without private assistance because of an accident, illness, employment loss, death in the family, or other unexpected calamity are not gifts. Payments provided to an official or his or her family member to defray expenses associated with humanitarian efforts such as the adoption of an orphaned child are also not gifts. However, under this exception, the source of the donation must be an individual who has a prior social relationship with the official of the type where it would be common to provide such assistance (such as a relative, long-term friend, neighbor, co-worker or former co-worker, member of the same local religious or other similar organization, etc.), or the payment must be made without regard to official status under other circumstances in which it would be common to receive community outreach. In any case, the individual providing the benefit to the official cannot be a lobbyist or otherwise have particular interests in the official's role in the agency within 12 months of the payment. Regulation 18942(a) (18) (B). U. Best Friends Forever A payment provided to an official by an individual with whom the official has a long term, close personal friendship unrelated to the official's position with the agency is not a gift. However, the individual providing the benefit to the official cannot be a lobbyist or otherwise have particular interests in the official's role in the agency within 12 months of the payment. Regulation 18942(a)(18)(C). V. Catch -All Any other payment that would otherwise meet the definition of gift is not a gift where the payment is made by an individual who is not a lobbyist and it is clear that the payment was made because of an existing personal or business relationship unrelated to the official's position. Additionally, there can be no evidence whatsoever at the time the payment is made that the official makes or participates in the type of governmental decisions that may have a foreseeable material financial effect on the individual who is the source of the payment. Regulation 18942(a)(19). Summary of Principal Conflicts of Interest Laws and Regulations Page 52 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 4. Gifts to an Agency Regulation 18944 provides a narrow exception to the normal gift reporting requirements and value limitations for gifts made directly to a public agency. A payment made to a state or local government agency that is used for official agency business is not considered a gift or income to an individual public official who is the end recipient, even though the official receives an incidental personal benefit from the payment. As such, the gift does not have to be reported by the individual and is not subject to the annual value limitation. A payment shall be considered a gift to the public official's agency and not a gift to the public official if all of the following requirements are met: the payment must be used for official agency business; the agency head must determine and control the agency's use of the payment, including the selection of the official who will use the payment; and the agency must report the payment on a Form 801. The Form 801, which must be signed by the agency head and maintained as a public record in 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. Summary of Principal Conflicts of Interest Laws and Regulations Page 53 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations Regulation 18943 adds definitions for an official's "family member," which includes an official's spouse or registered domestic partner, a dependent child, and an official's child. "Dependent child" means a child (including an adoptive child or stepchild) of a public official who is under 18 years old and whom the official is entitled to claim as a dependent on his or her federal tax return. Regulation 18229.1. An "official's child" (including an adoptive child or stepchild) means a child who meets all of the following criteria: • The child is at least 18 but no more than 23 years old and is a full-time or part-time student; • The child has the same principal residence as the official. For purposes of this provision, a place, located away from the official's residence, at which the child resides for the purpose of attending school is not the child's "principal place of residence"; and • The child does not provide more than one-half of his or her own support. Gifts to Both an Official and One or More Family Members. A single gift to both an official and one or more members of the official's family is a gift to the official for the full value of the gift. See "Wedding Gifts" section below for a particular exception to this rule. Gifts Solely to Family Members. A gift given solely to a member of an official's family is a gift to the official, when there is no established working, social, or similar relationship between the donor and the official's family member that would suggest an appropriate association for making such a payment. A gift given to a member of an official's family is also a gift to the official if there is evidence to suggest the donor had a purpose to influence the official, such as when: • The donor is a lobbyist, lobbying firm, lobbyist employer, or other similar person and is registered to lobby the official's state agency; • The donor is involved in an action or decision before the local or state government agency in which the official will reasonably foreseeably participate, or in an action in which he or she has participated within the last 12 months; or • The donor has a contract with the official's agency or the donor engages in a business that regularly seeks contracts with, or licenses, permits or other entitlements from, and the official may reasonably foreseeably make or participate in such a decision or has participated in such a decision within 12 months of the time the gift is made, unless the donor has less than 10 percent interest in the business contracting with or appearing before the agency. Summary of Principal Conflicts of Interest Laws and Regulations Page 54 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 6. Invitation -Only Events When an official and one of his or her guests attends an invitation -only event such as a banquet, party, gala, celebration, or other similar function, other than a nonprofit or political fundraiser as set forth in Regulation 18946.4, the value received is the official's and the guest's pro-rata share of the cost of the food, catering services, entertainment, and any item provided to the official and guest that is available to all guests attending the event. Regulation 18946.2(b). A calculation of the pro-rata share means the total cost of the list expenses above, divided by the number of acceptances or the number of attendees at the event. Any other specific benefit provided to the official and guest at the event, such as golf green fees, is valued at fair market value. Regulation 18946.2(b). a. Official or Ceremonial Functions When an official performs an official or ceremonial function at an invitation -only event in which the official is invited to participate by the event's sponsor or organizer to perform an official or ceremonial function, the value received is the pro-rata cost of any meal provided to the official and guest, plus the value of any specific item that is presented to the official and his or her guest at the event. Regulation 18946.2(d). b. Drop -In Visit Except for an event sponsored by a lobbyist, lobbying firm, or lobbyist employer, if an official attends an invitation -only event and does not stay for any meal or entertainment otherwise provided at the event, receiving only minimal appetizers or drinks, the value of the gift received is the value of any specific item, other than food, that is presented to the official and his or her guest at the event. For purposes of this regulation, "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18946.2(e). C. Lobbyists, Lobbying Firms, and Lobbyist Employers Where an official attends an invitation -only event sponsored by a lobbyist, lobbying firm, or lobbyist employer, the value of the gift is the pro-rata share of the cost of the event. Regulation 18946.2(b), 18640. If the official notifies the lobbyist, lobbying firm, or lobbyist employer that the official attended the event but that he or she did not stay for any meal or entertainment, receiving only minimal appetizers and drinks, the value of the gift received is the value of any specific item (other than food) that is presented to the official and the official's guest at the event. Regulation 18640(b). Again, the term "entertainment" means a feature show or performance intended for an audience and does not include music provided for background ambiance. Regulation 18640. 7. Tickets to Political and Charitable Fundraisers Regulation 18946.4 provides special rules for tickets provided to public officials to fundraisers for nonprofit and political organizations. Such tickets are not considered Summary of Principal Conflicts of Interest Laws and Regulations Page 55 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations gifts to a public official if certain requirements are met. This exception applies only to two tickets provided to an official, and only if it is provided directly by the charity or campaign committee; additional tickets are treated as gifts. The requirements vary depending on whether the organization is a 501 (c) (3) nonprofit, a non-501(c) (3) nonprofit, or a political organization. a. Non-501(c)(3) Nonprofit Fundraiser Regulation 18946.4(a) provides that a ticket to a fundraising event for a nonprofit, tax- exempt organization that is neither a political campaign committee nor a 501 (c) (3) nonprofit shall be valued as follows: • Where the ticket to the fundraiser clearly states that a portion of the ticket price is a donation to the organization, or the organization provides information indicating the portion of the admission price that constitutes the donation, then the value of the gift is the face value of the ticket or admission reduced by the amount of the donation - i.e., the "nondeductible portion" of the price of admission. • 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) Summary of Principal Conflicts of Interest Laws and Regulations Page 56 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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. § 82013. 8. Tickets or Passes to Events Given to Officials by their Agency a. Gift Exception FPPC Regulation 18944.1 provides that a ticket or pass to an event or function provided to an official by his or her agency and distributed and used in accordance with a written policy adopted by the agency is not a gift under the Political Reform Act if: (1) the ticket or pass is not earmarked by an outside source for use by a specific agency official; (2) the agency determines, in its sole discretion, who uses the ticket or pass; (3) the distribution of the ticket or pass is reported on Form 802 as described below; and (4) the distribution of the ticket or pass by the agency is made in accordance with a written policy adopted by the agency that meets all of the requirements as described below. Regulation 18944.1 (a). • Application: FPPC Regulation 18944.1 applies only to the benefits the official receives from a ticket or pass to an event or function that are provided to all members of the public with the same class of ticket or pass, when the ticket or pass is provided by an agency to an official of the agency, or at the behest of an agency official. The regulation does not apply to: (1) an admission to an event or function in which the official performs a ceremonial role; or, (2) admission provided to a school, college or university district official, coach, athletic director or employee to attend an amateur event performed by students, which are neither gifts nor income. Regulation 18944.1 (f). b. Written Policy for Distribution of Tickets. • Policy Requirements: The distribution of tickets and passes described above must be made pursuant to a written policy duly adopted by the agency's legislative or governing body that must contain the following: (1) a provision setting forth the public purposes of the agency for which tickets or passes may be distributed; (2) a provision requiring that the distribution of any ticket or pass to, or at the behest of, an official accomplish a stated public purpose of the agency; (3) a provision prohibiting the transfer of any ticket received by an agency official, except to his or her immediate family or no more than one guest solely for their attendance at the event; and (4) a provision prohibiting the disproportionate use of tickets or passes by a member of the governing body, chief administrative officer, political appointee, or department head. Regulation 18944.1 (b). • Public Purpose: The agency's legislative or governing body must determine whether the distribution of tickets or passes serves a legitimate public purpose of the agency, consistent with state law. Tickets or passes Summary of Principal Conflicts of Interest Laws and Regulations Page 57 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations given to officials (other than a member of the governing body, chief administrative officer, political appointee or department head) to support general employee morale, retention or to reward public service is deemed to have a public purpose. Regulation 18944.1 (e). • Public Record: The policy must be maintained as a public record, subject to inspection and copying. The agency must post the policy on the agency website within 30 days of adoption or amendment and send to the FPPC, by email, the agency's website link that displays the policy for posting on the FPPC's website. Regulation 18944.1 (c). C. Form 802 for Reporting Distribution of Tickets and Passes. Within 45 days of distributing a ticket or pass, the head of the agency must fill out and certify a Form 802 describing the distribution of tickets or passes to an official. The Form 802 requires: (1) the name of the official who received the ticket or pass, (2) a description and date of the event, (3) the fair value of each ticket or pass, (4) the number of tickets or passes distributed to the official, (5) if the ticket or pass is behested, the name of the official who behested the ticket, (6) if the official gave the ticket or pass to another person (limited to an immediate family member or no more than one guest), the name of that person, (7) the specific public purpose under which the distribution was made, and (8) a written inspection report of findings and recommendations by the official who received the ticket or pass if it was received for the oversight or inspection of facilities. This form must be maintained as a public record, subject to inspection and copying. The agency must post the form, or a summary of its contents, on its website and send the FPPC, by email, the agency's website link for posting on the FPPC's website. Regulation 18944.1 (d). d. Other Exceptions. • Reimbursement. The ticket or pass is not considered a gift if the official reimburses the agency for the ticket within 30 days of receipt. Regulation 18944.1 (h). • Treated as Income. The ticket or pass is not considered a gift if the official treats the ticket or pass as taxable income. Regulation 18944.1(g). 9. Gifts from a Government Agency to an Official in That Agency A payment by an agency that provides food, beverage, entertainment, goods or services of more than a nominal value to an official in that agency is a gift to that official, unless the payment is a "lawful expenditure of public moneys." Regulation 18944.3. Several commentators have questioned the need or usefulness of this regulation because a public agency is already prohibited from making a payment that is not a "lawful expenditure of public moneys." Boiled down, the regulation states that it is illegal for an agency to give a gift unless the gift is legal. Until the FPPC issues some Summary of Principal Conflicts of Interest Laws and Regulations Page 58 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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 $590. Regulation 18942(b) (2). 11. Certain Gifts of Travel Payments for travel for a public official are generally subject to the annual gift limit, unless the payment is otherwise exempt. FPPC regulations define a "payment for travel" as "any payment that provides transportation to an official from one location to another location as well as a payment for lodging and food connected with the travel." Regulation 18950(b). For reporting purposes, payments of air travel are valued in accordance with FPPC regulation 18946.5, as follows. Air travel is valued as the price the carrier charges the public for the same class seat on the flight provided to the official in the case of a commercial flight. The value of all other air transportation is the value of the normal and usual charter fare or rental charge for a comparable airplane of comparable size, divided by the number of passengers aboard the flight. Exceptions for certain gifts of travel are found in both the Act and the FPPC regulations, which are discussed below. Public officials should review these exceptions closely and consult with the agency's legal counsel before relying on them. a. Travel Payments Related to Speeches that Serve a Governmental Purpose Section 89506(a)(1) exempts from the gift limit any payments, advances, or reimbursements for travel that are reasonably related to a legislative or governmental purpose or issue of public policy if made in connection with a speech given by the official in the U.S. § 89506(a)(1); Regulation 18950(b). These types of payments for travel are not subject to the gift limit, but they must still be reported on a public official's Form 700. § 89506(a)(1); Regulation 18950(a). b. Travel Payments Related to a Governmental Purpose Made by Government Agencies and Certain Non -Profits Section 89506(a)(2) exempts from the gift limit any payments, advances, and reimbursements for travel that are reasonably related to a legislative or governmental purpose or issue of public policy if provided by a governmental agency, a 501 (c) (3) Summary of Principal Conflicts of Interest Laws and Regulations Page 59 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations nonprofit,28 and a few other limited organizations/persons. § 89506(a) (2). These types of payments for travel are generally not subject to the gift limit, but they must still be reported on a public official's Form 700. § 89506(a)(2); Regulation 18950(a). However, Section 89506(f)(3) now clarifies that if a nonprofit is acting as an intermediary or agent of a donor, then the $590 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-Agency Purposes Any payment for travel and per diem expenses received from a state, local, or federal agency is not a gift or income if used by the official for "education, training, or other inter -agency programs or purposes." Regulation 18950(c) (2). d. Travel in a Vehicle or Plane Owned by Another Official or Agency Regulation 18950(c) (3) provides that "transportation provided to an official in a vehicle or aircraft owned by another official or agency when each official is traveling to or from the same location for an event as a representative of their respective offices" does not constitute a "payment" and therefore does not count as a gift. Regulation 18950(c) (3). e. Travel Made in Conjunction with Official Agency Business Regulation 18950.1 provides an exception for travel payments that do not confer a personal benefit on an official, when made by sources other than local, state, or federal agencies, are for the purpose of facilitating the public's business, and are therefore not gifts or income because the payment is made for an official agency purpose in lieu of using agency funds. This exemption applies only to travel payments that meet all of the following requirements: (1) The payment is made directly to or coordinated with the government employer and not made to the employee using the travel; (2) The payment is used for official agency business; (3) The government employer determines which official will use the payment for travel; (4) The payment provides no personal benefit to the official who uses the payment; 28 With respect to nonprofit organizations that regularly organize and host travel for elected officials and that make payments, advances, or reimbursements totaling more than $10,000 in a calendar year or $5,000 to an individual person, the Act now requires the nonprofits to disclose the names of donors responsible for funding the travel costs. § 89506(f). An organization "regularly organizes and hosts travel" if the organization's expenses for travel, study tours, or conferences constitutes more than one third of its total expenses. Id. In that case, the nonprofit must disclose the names of donors who contributed $1,000 or more to the nonprofit organization and who accompanied the elected official, either in person or through an agent, for any portion of the travel. § 89506(f). Summary of Principal Conflicts of Interest Laws and Regulations Page 60 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations (5) The duration of travel is limited to that necessary to accomplish the purposes for which the travel was provided; and (6) The government employer reports the payment, as specified below. The first requirement above - that the payment is made directly to or coordinated with the government employer - is satisfied if the payment is made directly to the government employer or by arranging with the government employer any payments for transportation and lodging that are made directly to the provider of those services. Food may be accepted for attendance at an event where food is provided as part of the admission to the event. All other payments for food must be made to the government employer pursuant to the employer's per diem travel policy. Regulation 18950.1 (b). The second requirement above - that the payment be used for official agency business - is satisfied under any of the following circumstances: • The payment is made pursuant to a provision in a contract requiring the contracting party to pay any expenses associated with any required governmental travel resulting from the government agency's participation in the contract and the payment is used for that purpose; • The payment is made for the travel expenses of an official for the purpose of performing a regulatory inspection or auditing function that the governmental employer is mandated to perform; • The payment is made for the travel expenses of an official and the official is attending solely for purposes of providing training or educational information directly related to the governmental employer's functions or duties under the laws that it administers for individuals who are affected by those laws, and the payment is made by an organization to provide such training for its members; • The payment is made for the travel expenses of an official to an educational conference directly related to the governmental employer's functions or duties under the laws that it administers, the official is a named presenter at the conference, and the payment is made by the organizers of the event; • The payment is made for the travel expenses of an official for the purpose of receiving training directly related to the official's job duties and the payment is provided by an organization that commonly provides such training; • The payment is made for food provided to all attendees at a working group meeting in which the agency official participates as a representative of his or her agency in a working group meeting under his Summary of Principal Conflicts of Interest Laws and Regulations Page 61 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations or her officially assigned job duties and the agency is authorized to provide an official to attend the meeting; or • The payment is for travel expenses that are required to attend a location to view an in place operation, structure, facility, or available product where the viewing would substantially enhance an official's knowledge and understanding in making an informed decision to enter into a contract regarding a similar operation, structure, facility or purchase of the product pursuant to the jurisdictional authority of the official's governmental employer. Regulation 18950.1 (c). The third requirement is satisfied if the governmental employer selects the official who will make use of the payment. However, if the payment is for expenses related to an oral presentation to either provide training on a subject on which the governmental employer provides training, or discuss policy and direction in implementing the functions of the governmental employer, the donor may request the official who is most qualified to make the presentation. Regulation 18950.1(d). The fourth requirement above - that the payment of travel does not provide a personal benefit to the official - is satisfied under Regulation 18950.1(e) if both of the following requirements are met: • The travel is for purposes approved by the governmental employer under the same requirements applicable to travel using its own funds, and the official is representing his or her governmental employer in the course and scope of his or her official duties; and • Travel expenses are limited to no more than the expenses allowable for travel for agency business that would reasonably be paid at agency expense. The latter requirement does not apply to either of the following: • Payment for food where food is provided as part of the admission to the event. Otherwise, any payments for food must be made to the government employer pursuant to the employer's per diem travel policy. Regulation 18950.1 (b). • Payment for any lodging or food if the lodging and food is provided at a site where the official attends a widely attended meeting or conference and the value is substantially equivalent in value to the lodging or food typically made available to the other attendees. Regulation 18950.1 (g). The sixth requirement above - that the payment is reported - is satisfied by the agency reporting the payment on a quarterly basis on a form prescribed by the FPPC. Regulation 18950.1 (f). All such forms must be maintained as a public record and subject to inspection and copying under Government Code Section 81008, and posted on the agency's website, if it has one. Summary of Principal Conflicts of Interest Laws and Regulations Page 62 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations f. Travel in Connection with Bona Fide Business The FPPC regulations reiterate the general rule in Government Code Section 89506(d)(3), whereby a payment for transportation, lodging, or food, made in connection with a bona fide business, trade, or profession, and which satisfies the criteria for federal income tax deductions for business expenses specified in Internal Revenue Code Sections 162 and 274, is not an honorarium or gift, unless the sole or predominant activity of the business, trade, or profession is making speeches. Regulation 18950.2. g. Travel Paid from Campaign Funds A payment made to an official who is a candidate to cover his or her transportation, lodging or food, in connection with campaign activities, is a contribution to the campaign committee of that official. Regulation 18950.3(a). A payment made to an official by or at the behest of a committee for the official's actual travel expenses (including food and lodging), or for other actual and allowable campaign expenses, is neither income nor a gift to the official so long as the expenses are reportable by the committee under the relevant sections of the Political Reform Act (Government Code Sections 84100 et seq.) or applicable federal law. Regulation 18950.3(b). Any other payment for travel from a committee to an official that is not covered by Regulation 18950.3(a) and (b) described above is considered income or a gift. Regulation 18950.3. 12. Lobbyists Arranging Gifts A lobbyist or lobbying firm may not make gifts29 to one person aggregating more than ten dollars ($10) in a calendar month, act as an agent or intermediary in the making of any gift, or arrange for the making of any gift by any other person. § 86203. It is likewise unlawful for any person to knowingly receive any such prohibited gift. § 86204. A lobbyist "arranges for the making of a gift" within the meaning of Government Code Section 86203 if the lobbyist does any of the following either directly or through an agent: • Delivers a gift to the recipient. • Acts as the representative of the donor, if the donor is not present at the occasion of a gift, excepting a situation where the lobbyist accompanies the recipient to an event where the donor will be present. • Invites or sends an invitation to an intended recipient regarding the occasion of a gift. • Solicits responses from an intended recipient concerning the lobbyist's attendance or nonattendance at the occasion of a gift. 29 Government Code Section 86201 provides that a "gift" for purposes of this section is a "gift made directly or indirectly to any state candidate, elected state officer, or legislative official, or to an agency official of any agency required to be listed on the registration statement of the lobbying firm or the lobbyist employer of the lobbyist." Summary of Principal Conflicts of Interest Laws and Regulations Page 63 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations • Is the donor's designated representative to receive responses from an intended recipient concerning the lobbyist's attendance or nonattendance at the occasion of a gift. • Acts as an intermediary in connection with the reimbursement of a recipient's expenses. Regulation 18624. On the other hand, a lobbyist does not "arrange for the making of a gift" if the lobbyist, either directly or through an agent, solely recommends or provides information to the lobbyist's employer, "including information obtained from a third party for that purpose," regarding gifts to a public official. Id. 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). Summary of Principal Conflicts of Interest Laws and Regulations Page 64 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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). e. Personalized Plague or Trophy "Honorarium" does not include a personalized plaque or trophy with an individual value of less than $250. Regulation 18932.4(d). f. Admission and Incidentals at Place of Speech "Honorarium" does not include free admission, refreshments and similar non -cash nominal benefits provided to an official during the entire event at which the official gives a speech, participates in a panel or seminar, or provides a similar service, and actual intrastate transportation and any necessary lodging and subsistence provided directly in connection with the speech, panel, seminar, or service, including but not limited to meals and beverages on the day of the activity. Regulation 18932.4(e). g. Incidentals at Private Conference Likewise, "honorarium" does not include any of the following items, when provided to an individual who attends any public or private conference, convention, meeting, social event, meal, or like gathering without providing any substantive service: • Benefits, other than cash, provided at the conference, convention, meeting, social event, meal, or gathering; or • Free admission and food or beverages provided at the conference, convention, meeting, social event, meal, or gathering. However, the foregoing may be reportable as gifts. Regulation 18932.4(f). h. Travel that Is Exempt from Giffs Any payment made for transportation, lodging, and subsistence that is exempt by the gift exceptions listed in Section 89506 and Regulation 18950 et seq. also does not constitute an honorarium. Regulation 18932.4(g). Summary of Principal Conflicts of Interest Laws and Regulations Page 65 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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). 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 (a). 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. Regulation 18730. • Loans received by an elected officer's or candidate's campaign committee. § 87461 (b) (1). • 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. § 87461 (b) (2) • Loans made, or offered in writing, prior to January 1, 1998. § 87461 (b) (3) Summary of Principal Conflicts of Interest Laws and Regulations Page 66 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations 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. 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(b). Summary of Principal Conflicts of Interest Laws and Regulations Page 67 © 2023 Richards, Watson & Gershon 2765318 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, 89002.30 A "mass mailing" is defined as the mailing or distribution at public expense of 200 or more items within a calendar month featuring the name, office, photograph or other reference to an elected officer of the agency. § 82041.5. The Government Code also prohibits a mass mailing from being sent within the 60 days preceding an election by or on behalf of a candidate whose name appears on the ballot. § 89003. The underlying intent of the Government Code provision and the implementing FPPC Regulation is to preclude elected officials from using public agency newsletters as indirect campaign flyers for themselves. The law and regulations are intended to clamp down on prior abuses of newsletters so that elected officials cannot use publicly funded newsletters to bolster their name or accomplishments while in office. A. Test for Prohibited Mass Mailing The FPPC regulations previously included a four prong test to determine the legality of mass mailings. Under the statutory text, which now incorporates the requirements from the prior regulation, a mass mailing is prohibited if each of the following elements is present: • It includes the delivery of a tangible item; It "features" an elected officer, or includes a reference to, an elected officer and is sent in cooperation with the elected officer; • It is sent at public expense; and A quantity of more than 200 substantially similar items are sent in a single calendar month. § 89002. Most public agencies that publish newsletters attempt to avoid the prohibition by ensuring that the newsletter does not meet the second element of the test. Each of the four elements is discussed in numerical order below. 1. Delivery of Tangible Item First, a court will determine whether any "item sent is delivered, by any means, to the recipient at the recipient's 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. 30 Section 89002 incorporates Regulation 18901 into the statutory language to clarify the circumstances when a mailing would be prohibited by the general rule in Section 89001 and to identify certain situations when the prohibition would not apply. The FPPC has repealed Regulation 18901 now that the statute includes the same text. Summary of Principal Conflicts of Interest Laws and Regulations Page 68 © 2023 Richards, Watson & Gershon 2765318 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 the elected officer's name or office in the layout of the document, such as by headlines, captions, type size, type face, or type color." § 89002(c)(2). And the term "elected officer affiliated with the agency" in this manner means "an elected officer who is a member, officer, or employee of the agency, or of a subunit thereof such as a committee, or who has supervisory control over the agency or appoints one or more members of the agency." § 89002(c)(1). This means that if the written document includes the photograph of a council member, even if it just shows the council member cutting a ribbon on a civic project or giving out a plaque to a member of the community, this element would be satisfied. It also precludes articles about an elected city official or articles in which they are "singled out" for discussion or reference. The other way this second part of the mass mailing test can be satisfied is if an elected city official's "name, office, photograph, or other reference" is included in a written document and the document, or any part of it "is prepared or sent in cooperation, consultation, coordination, or concert with the elected officer." This restriction presents elected officials with a choice. If the elected official involves him or herself in the preparation of the document, then even the official's name is excluded from appearing in the document pursuant to this second subpart. If, on the other hand, the elected official does not involve him or herself in the preparation of the document, his or her name may appear in the document, but not in a way that it is "featured" by way of headlines, captions, type size, type face, or type color. 3. Public Expense The third part of the test is whether: • Any of the costs of distribution are paid for with public money, or • Costs of design, production, and printing exceeding $50 are paid with public money, and the design, production, or printing is done with the intent of sending the item other than as permitted by the statute. Summary of Principal Conflicts of Interest Laws and Regulations Page 69 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations § 89002(a)(3). This part of the test precludes the city from either paying the costs of mailing a mass mailing, or paying more than $50 of the cost of having it produced if another person or entity pays for the cost of distributing the mailing. 4. More than 200 Copies of the Item The fourth and final element of the test to determine whether a mass mailing is prohibited is whether "[m]ore than 200 substantially similar items are sent in a single calendar month, excluding any item sent in response to an unsolicited request...." § 89002(a)(4). This means that if more than 200 copies of the same written document, such as a city newsletter, are sent to the public in the same month, this element will be satisfied, with minor exceptions discussed below. A city newsletter is particularly prone to violating the mass mailing proscriptions, especially the first, third and fourth elements of the test. The key to a lawful newsletter is to ensure that each issue of the newsletter fully avoids meeting the criteria of the second element of the test. This means that the newsletter cannot "feature" an elected city official and cannot include an elected official's name or reference if that official participates in the preparation of the newsletter, as discussed above. For example, many cities issue proclamations and awards at council meetings, and it is customary for an honoree to be photographed with the mayor. In order to comply with the mass mailing restrictions, the cities take two photographs: one of the honoree shaking the mayor's hand, for distribution to non -city publications such as a local newspaper, and one of the honoree standing alone, for publication in the city newsletter. B. Exceptions to the Mass Mailing Prohibition The statute now contains a list of certain types of documents that are exempt from the prohibition of mass mailings. The first of these documents is a letter on city letterhead where the elected official's name only appears in the letterhead along with a list of all other elected officers of the city and the letter does not contain other references to the elected official. § 89002(b)(1). Under this exemption, a non -elected official, such as the city manager, may send a letter on city letterhead at city expense to members of the community but an elected officer, such as the mayor, cannot do the same because the signature on the letter will be considered a separate reference to the elected official. If a letter signed by the mayor is to be sent to the community, a private individual or group would have to pay for the cost of producing and sending that letter. Other exemptions include press releases to the media, inter -agency communications, intra-agency communications, tax statements and bills, telephone directories, limited meeting or event announcements, and meeting agendas. § 89002(b). All of these items are subject to their own specific limitations, as set forth in the statutory text. Summary of Principal Conflicts of Interest Laws and Regulations Page 70 © 2023 Richards, Watson & Gershon 2765318 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." Id. at 209-210. 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 221-222. The Stanson test was reaffirmed by the California Supreme Court in Vargas v. City of Salinas, 46 Cal. 4th 1 (2009). Prior to Vargas, courts attempting to interpret and apply Stanson used varying tests to determine the permissibility of expenditures. For example, in California Common Cause v. Duffy, an appellate court held that a local sheriff's use of public facilities and personnel to distribute postcards critical of then -Supreme Court Justice Rose Bird was "political" and not "informational" as permitted by Stanson because the cards presented only one side of Justice Bird's fitness to be retained in office. 200 Cal. App. 3d 730, 747-748 (1987). In another appellate decision, Schroeder v. City Council of Irvine, the court 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 favor of the Summary of Principal Conflicts of Interest Laws and Regulations Page 71 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations proposed ballot measure, the materials it distributed did not advocate any particular vote on the measure and rarely mentioned the measure at all. The Schroeder court held that the funds spent on the Vote 2000 Program would be political expenditures and unlawful under Stanson only if the communications expressly advocated, or taken as a whole unambiguously urged, the passage or defeat of the measure. Because the city presented a neutral position on "Measure F," at least in the campaign materials, the court upheld the program as valid. However, in Vargas v. City of Salinas, the California Supreme Court decided that "express advocacy" is an insufficient standard. In Vargas, proponents of a local ballot initiative to repeal the city's utility users tax ("Measure O") sued the city alleging improper government expenditures, the court held that even if a communication does not expressly advocate for either side of an issue, a Stanson analysis must nonetheless be conducted to determine whether the activity was for informational or campaigning purposes based on its style, tenor, and timing. Although the court did not specifically refer to the Schroeder analysis in its opinion, the court clearly stated that the "express advocacy" standard does not meaningfully address potential constitutional problems arising from the use of public funds for campaign activities that were identified in Stanson. Thus, local governments must look to Vargas rather than Schroeder for the proper standard to evaluate whether an expenditure is permissible. A variety of factors led to the Vargas court's conclusion that the communications were informational, including the fact that the publications avoided argumentative or inflammatory rhetoric and did not urge citizens to vote in a particular manner. The challenged expenditures were made pursuant to general appropriations in the city's regular annual budget pertaining to the maintenance of the city's website, the publication of the city's regular quarterly newsletter, and the ordinary provision of information to the public regarding the city's operations. The Supreme Court found that in posting on the city's website the minutes of city council meetings relating to the council's action along with reports prepared by various municipal departments and presented by officials at city council meetings, the city engaged in informational rather than campaign activity. Similarly, the city did not engage in campaign activity in producing a one -page document listing the program reductions that the city council voted to implement should Measure O be approved, or in making copies of the document available to the public at the city clerk's office and public libraries. The court reasoned that viewed from the perspective of an objective observer, the document clearly constituted an informational statement that merely advised the public of specific plans that the city council voted to implement should Measure O be approved. Finally, the court found that the city engaged in permissible informational activity by mailing to city residents the fall 2002 "City Round -Up" newsletter containing articles describing proposed reductions in city services. Although under some circumstances the mailing of material relating to a ballot measure to a large number of voters shortly before an upcoming election would constitute campaign activity, a number of factors supported the court's conclusion that the mailing of the newsletter constituted informational rather than campaign activity: it was a regular edition of the newsletter that was mailed to all city residents as a general practice, the style and tenor of the Summary of Principal Conflicts of Interest Laws and Regulations Page 72 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations publication was entirely consistent with an ordinary municipal newsletter and readily distinguishable from traditional campaign material, and the article provided residents with important information about the tax in an objective and nonpartisan manner. The Supreme Court illustrated the insufficiency of the "express advocacy" standard by suggesting that if the city were to post billboards throughout the city prior to an election stating, "IF MEASURE O IS APPROVED, SIX RECREATION CENTERS, THE MUNICIPAL POOL, AND TWO LIBRARIES WILL CLOSE," it would defy common sense to suggest that the city had not engaged in campaign activity even though such advertisements would not have violated the express advocacy standard. Vargas v. City of Salinas, 46 Cal. 4th 1, 32 (2009). Vargas and Stanson reflect that local agencies must exercise caution when communicating to voters about local measures. Unfortunately, there is no hard and fast rule to assist public officials in distinguishing improper partisan campaign expenditures from permissible expenditures for "informational activities." Whether a communication is permissible will be based on a combination of these factors, and public officials should therefore seek the advice of the city attorney on a case -by -case basis. Assistance may also be obtained from the FPPC. Last, public officials should also be aware of a fairly new mass mailing rule that regulates communications pertaining to candidates and ballot measures. In 2009, the FPPC adopted a new regulation to prohibit government agencies from paying for mass mailings that expressly advocate or "unambiguously urge" a particular result in an election. Regulation 18901.1 prohibits a mailing if all of the following criteria are met: • A delivery of a tangible item such as a written document, video tape, record, or button and is delivered to the recipient at his or her residence, place of employment or business, or post office box; • The item sent expressly advocates or unambiguously urges a particular result in an election; • The public agency (1) pays to distribute the item or (2) pays costs, exceeding $50, reasonably related to designing, producing, printing or formulating the content of the item including, but not limited to, payments for polling or research and payments for the salary, expenses, or fees of the agency's employees, agents, vendors, or consultants with the intention of sending the item; and • More than 200 substantially similar items are sent during the course of the election including items sent during the qualification drive or in anticipation of an upcoming election. A mailing "unambiguously urges a particular result in an election" if the communication can be reasonably characterized as campaign material or activity and is not a fair presentation of facts serving only an informational purpose when taking into account the style, tenor, and timing of the communication. Summary of Principal Conflicts of Interest Laws and Regulations Page 73 © 2023 Richards, Watson & Gershon 2765318 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. Regulation 18901.1 (b). Essentially, this regulation utilizes the standards articulated by the Supreme Court in the Vargas case and provides that communications that violate those standards are prohibited mass mailings. Summary of Principal Conflicts of Interest Laws and Regulations Page 74 © 2023 Richards, Watson & Gershon 2765318 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, "the benefit to the [government] from an expenditure for a 'public purpose' is in the nature of consideration and the 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 a private purpose." City of 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, it 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 or in furtherance of a state statute, courts will defer to the state legislature in determining whether a public purpose exists. Summary of Principal Conflicts of Interest Laws and Regulations Page 75 © 2023 Richards, Watson & Gershon 2765318 Summary of the Major Provisions and Requirements of Principal Conflicts of Interest Laws and Regulations VII. CONCLUSION More often than not, determining the application of conflicts of interest laws in particular circumstances requires complicated analysis. Because the consequences for a violation of these laws can be very serious, it is important that potential conflicts be identified as soon as possible to ensure that the appropriate analysis can be performed. To that end, we recommend that public agency staff prepare maps of council member residences and other real property interests (and those of other public officials, such as planning commissioners) so that such officials may be alerted to projects that are located within 500 and 1,000 feet of their real property interests. Even though the materiality standards for real property interests have changed over the years, this is still an important starting point for a conflicts analysis. We encourage all public officials to keep in mind that it is the individual responsibility of each public official to determine whether he or she has a conflict in a particular decision. We encourage officials and staff to seek advice from the city attorney when in doubt about a conflicts of interest issue. Because only a formal, written opinion from the FPPC can immunize someone from prosecution, we strongly encourage officials and staff to seek advice from the city attorney as early as possible, so that, if necessary, the public agency may request a formal opinion from the FPPC prior to any participation in a decision where a public official may have a conflict. In addition, the Legislature has enacted a statute that requires public officials to take at least two hours of ethics training every two years if the local agency provides that official with any type of compensation, salary, or stipend or provides reimbursement for necessary and reasonable expenses incurred by that official in the performance of his or her official duties. § 53235(a). Ethics training would also be required of any employee designated by the local agency to receive such training. § 53234(c). Please seek advice from the city attorney regarding further details about ethics training. Summary of Principal Conflicts of Interest Laws and Regulations Page 76 © 2023 Richards, Watson & Gershon 2765318 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los Angeles, San Francisco, Orange County, Temecula, the Central Coast, and Sacramento our dedicated team of experts provides the full -scope of public law services. We are the lawyers of choice for clients who seek reliable, efficient, and effective legal counsel. Richards, Watson & Gershon serves as city attorney, special counsel and general counsel to clients of all sizes and demographics. Our attorneys are proficient in areas of law only found in a firm with substantial experience in public agency representation. Local governments count on us for help with their most complex problems. Specialties Include: Administrative Law Airports, Rail & Transit Brown Act Cannabis CEQA Coastal Act Code Enforcement Conflicts of Interest Construction & Public Works Elections Eminent Domain Environment & Natural Resources Housing Labor & Employment Land Use & Planning Litigation Police Practices Public Finance Public Records Act Real Estate & Leasing Rent Control Subdivisions & Zoning Taxes, Fees & Assessments Telecommunications Solid Waste Stormwater Compliance Water Rights & Water Law SECTION 8 Or - Brown Act o HANDBOOK r*4 Summary of the Major Provisions and Requirements of the Ralph M. Brown Act Summary and Discussion of the Major Provisions of the Brown Act Text of the Ralph M. Brown Act ) Updated including changes effective January 1, 2023 Table of Contents INTRODUCTION...............................................................................................................................................iii PART ONE: SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWNACT...................................................................................................................................... l I. APPLICATION OF BROWN ACT TO "LEGISLATIVE BODIES".........................................................2 II. DEFINITION OF "MEETING"...............................................................................................................3 III. EXCEPTIONS TO MEETING REQUIREMENT......................................................................................3 A. The Individual Contact Exception...................................................................................4 B. The Seminar or Conference Exception...........................................................................4 C. The Community Meeting Exception................................................................................4 D. The Other Legislative Body Exception.............................................................................4 E. The Social or Ceremonial Occasion Exception............................................................5 F. The Standing Committee Exception...............................................................................5 IV. PERMITTED LOCATIONS OF MEETINGS AND TELECONFERENCING...........................................5 A. Permitted Locations of Meetings.....................................................................................5 B. Teleconferencing................................................................................................................5 1) Background on the COVID-19 pandemic.......................................................6 V. ADA COMPLIANCE...........................................................................................................................9 VI. SIMULTANEOUS OR SUCCESSIVE MEETINGS................................................................................10 VII. SERIAL MEETINGS.............................................................................................................................10 A. Contacts with Staff........................................................................................................... l 1 B. Contacts with Constituents, Developers and Lobbyists............................................12 C. Contacts with Fellow Members of the Same Legislative Body................................13 D. Contacts on Social Media..............................................................................................13 VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS................................................................14 A. Time of Notice and Content of Agenda......................................................................14 B. Action and Discussion on Non -agenda Items.............................................................17 Ralph M. Brown Act Page i © 2023 Richards, Watson & Gershon 2764673 C. Reporting of Actions.........................................................................................................18 IX. PUBLIC PARTICIPATION...................................................................................................................18 A. Regular Meetings..............................................................................................................18 B. Public Comments at Special Meetings........................................................................19 C. Limitations on the Length and Content of Public Comments.................................19 D. Additional Rights of the Public.......................................................................................20 X. CLOSED SESSIONS...........................................................................................................................22 XI. ENFORCEMENT................................................................................................................................24 XII. CONCLUSION..................................................................................................................................25 PART TWO: THE RALPH M. BROWN ACT...................................................................................................24 Ralph M. Brown Act Page ii © 2023 Richards, Watson & Gershon 2764673 INTRODUCTION This Handbook is prepared to provide you with a summary of the major provisions of California's open meeting law for local governments - the Ralph M. Brown Act, including rules about calling and holding various types of meetings and closed sessions, as well as guidelines for how to avoid serial meetings. The second part contains the complete text of the Brown Act. This Handbook is designed for local government officials and staff and we hope you will find it useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact us. Richards, Watson & Gershon Ralph M. Brown Act Page iii © 2023 Richards, Watson & Gershon 2764673 PART ONE: SUMMARY OF THE MAJOR PROVISIONS AND REQUIREMENTS OF THE RALPH M. BROWN ACT /1RWG LAW Ralph M. Brown Act © 2023 Richards, Watson & Gershon 2764673 Page 1 Summary of the Major Provisions and Requirements of the Ralph M. Brown Act The Ralph M. Brown Act, more commonly known as the "Brown Act," is California's "sunshine" law for local government. The Brown Act is found in the California Government Code commencing with Section 54950. In a nutshell, the Brown Act requires local government business to be conducted at open and public meetings, except in certain limited situations. This Handbook briefly summarizes and discusses the major provisions of the Brown Act. I. APPLICATION OF BROWN ACT TO "LEGISLATIVE BODIES" The requirements of the Brown Act apply to "legislative bodies" of local governmental agencies. The term "legislative body" is defined to include the governing body of a local agency (e.g., the city council or the board of supervisors) and any commission, committee, board, or other body of the local agency, whether permanent or temporary, decision -making or advisory, that is created by formal action of a legislative body. § 54952(a)-(b). Standing committees of a legislative body, that have either "continuing subject matter jurisdiction" or a meeting schedule fixed by formal action of the legislative body, are also subject to the requirements of the Brown Act. Some common examples include the finance, personnel, or similar policy subcommittees of a legislative body. Standing committees exist to make routine, regular recommendations on a specific subject matter. These committees continue to exist over time and survive resolution of any one issue or matter. They are also a regular part of the governmental structure. The Brown Act does not apply to "ad hoc" committees comprised solely of members of the legislative body that are less than a quorum of the body, provided these committees do not have a "continuing subject matter jurisdiction," or a meeting schedule fixed by formal action of the legislative body. Such ad hoc committees are purely advisory; they generally serve only a limited or single purpose, are not perpetual, and are dissolved when their specific task is completed. Advisory and standing committees, but not ad hoc committees, are required to have agendas, and to have their agendas posted at least 72 hours in advance of their meetings. If this is done, the meeting is considered to be a regular meeting for all purposes. § 54954(a). If the agenda is not posted at least 72 hours in advance, the meeting must be treated as a special meeting, and all of the limitations and requirements for special meetings apply, as discussed later in Section VIII of this Handbook. Ralph M. Brown Act Page 2 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act The governing boards of some private corporations, limited liability companies, and private entities may be subject to the Brown Act under certain circumstances. A private entity's governing board constitutes a legislative body within the meaning of the Brown Act if either of the following applies: (i) the private entity is created by an elected legislative body to exercise lawfully delegated authority of the legislative body; or (ii) the private entity receives funds from a local agency and its governing board includes a member of the legislative body of the local agency who was appointed by the legislative body to the governing board as a full voting member. § 54952(c). Additionally, charter schools and entities managing charter schools may also be subject to the Brown Act. Educ. Code, § 47604.1 (b) (1). The Brown Act also applies to persons who are elected to serve as members of a legislative body of a local agency even before they assume the duties of office. § 54952.1. Under this provision, the statute is applicable to newly elected, but not -yet - sworn -in, members of the legislative body. II. DEFINITION OF "MEETING" The central provision of the Brown Act requires that all "meetings" of a legislative body be open and public. The Brown Act defines the term "meeting" very broadly in § 54952.2(a), and encompasses almost every gathering of a majority of legislative body members, including: "[A]ny congregation of a majority of the members of a legislative body at the same time and location, including a teleconference, . . . to hear, discuss, deliberate, or take action on any item that is within the subject matter jurisdiction of the legislative body." In plain English, this definition means that a meeting is any gathering of a majority of council members, board of directors or other applicable legislative body, to hear, discuss or deliberate any item of local agency business or potential local agency business. It is important to emphasize that a meeting occurs if a majority gathers to hear, discuss or deliberate on a matter and not just voting or taking action on the issue. III. EXCEPTIONS TO MEETING REQUIREMENT There are six types of gatherings that are not subject to the Brown Act. We commonly refer to these exceptions as: (1) the individual contact exception; (2) the seminar or conference exception; (3) the community meeting exception; (4) the other legislative body exception; (5) the social or ceremonial occasion exception; and (6) the standing committee exception. Unless a gathering of a majority of the members of a legislative body falls within one of the exceptions discussed below, even if a majority of members are merely in the same room listening to a discussion of local agency business, they will Ralph M. Brown Act Page 3 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act be participating in a meeting within the meaning of the Brown Act that requires notice, an agenda, and a period for public comment. A. The Individual Contact Exception Conversations, whether in person, by telephone, video conferencing, or other means, between a member of a legislative body and any other person do not constitute a meeting under the Brown Act. § 54952.2(c) (1). However, such contacts may constitute a "serial meeting" (discussed below) in violation of the Brown Act, if the individual also makes a series of individual contacts with other members of the legislative body, and communications with these other members are used to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body." § 54952.2(a). B. The Seminar or Conference Exception Attendance by a majority of the legislative body at a seminar, conference or similar educational gathering is generally exempted from Brown Act requirements. § 54952.2(c)(2). However, in order to qualify under this exception, the seminar or conference must be open to the public and must involve issues of general interest to the public or to local agencies. Attendance at a California League of Cities or California Contract Cities seminar is an example of an educational gathering that fulfills these requirements. However, as with many of the exceptions, this exception will not apply if a majority of legislative body members discuss among themselves items of specific business relating to their own local agency other than as part of the scheduled program. C. The Community Meeting Exception The community meeting exception allows a majority of legislative body members to attend privately sponsored neighborhood meetings, town hall forums, chamber of commerce lunches or other community meetings at which issues of local interest are discussed. § 54952.2(c) (3). In order to fall within this exception, however, the community meeting must satisfy specific criteria. First, the community meeting must be "open and publicized." Therefore, a homeowners' association meeting restricted to the residents of a particular development and only publicized to those residents cannot be attended by a majority of the legislative body without following the Brown Act requirements because the meeting does not qualify for the exception. And again, for those meetings that fall within the community meeting exception, a majority of legislative body members cannot discuss among themselves items of business of their own local agency other than as part of the scheduled program. D. The Other Legislative Body Exception This exception allows a majority of members of any legislative body to attend open and noticed meetings of other legislative bodies of their local agency, or of another local agency, without treating such attendance as a meeting of the body. § 54952.2(c)(4). Ralph M. Brown Act Page 4 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act Of course, the legislative body members are prohibited from discussing items of business of their local agency among themselves other than as part of the scheduled meeting. E. The Social or Ceremonial Occasion Exception As has always been the case, the Brown Act does not apply to attendance by a majority of the legislative body members at purely social or ceremonial occasions. § 54952.2(c)(5). This exception only applies if a majority of legislative body members do not discuss among themselves items of business of their local agency. F. The Standing Committee Exception The standing committee exception allows members of a legislative body, who are not members of a standing committee of that body, to attend an open and noticed meeting of the committee without making the gathering a meeting of the full legislative body itself. § 54952.2(c)(6). If a majority of the legislative body is created by the attendance of the additional members, the legislative body members who are not members of the standing committee may attend only as "observers." This means that the noncommittee members of the legislative body should not speak at the standing committee's meeting, sit in their usual seat on the dais, or otherwise participate in the meeting. It is generally recommended that, if a standing committee meeting is likely to be attended by other legislative body members, then the meeting should be agendized as a meeting of the whole legislative body. This will allow full participation by all members of the legislative body. IV. PERMITTED LOCATIONS OF MEETINGS AND TELECONFERENCING A. Permitted Locations of Meetings The Brown Act generally requires all meetings of a legislative body to occur within the boundaries of the local agency. § 54954(b). There are limited exceptions to this rule, however, such as allowing meetings with a legislative body of another local agency in that agency's jurisdiction. Meetings held outside of a local agency's boundaries pursuant to an exception still must comply with agenda and notice requirements, as discussed below. B. Teleconferencing The role of "teleconferencing," or using telephonic and/or video technology in public meetings was expanded significantly during the COVID-19 pandemic. Because the Brown Act relies on physical, in -person meetings as the primary means to achieve its goals of public participation and transparency, the law has traditionally limited a local agency's ability to use teleconferencing to hold public meetings. Ralph M. Brown Act Page 5 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act Generally, teleconferencing may only be used by members of a legislative body as a way to participate fully in the meeting from remote locations. § 54953(b). If one or more members participate in a meeting via teleconferencing, the following requirements apply to that meeting: (1) the remote location must be connected to the main meeting location by telephone, video or both; (2) the notice and agenda of the meeting must identify the remote location; (3) the remote location must be posted and accessible to the public; (4) all votes must be by roll call; and (5) the meeting must comply with the Brown Act, which includes allowing participation by members of the public present in remote locations. A quorum of the legislative body must participate from locations within the jurisdiction, but other members may participate from outside the jurisdiction. These teleconferencing rules only apply to members of the legislative body. Staff members, attorneys or consultants may participate remotely without following the posting and public access requirements of the teleconferencing rules. On March 17, 2020, Governor Newsom issued Executive Order ("EO") N-29-20, which temporarily relaxed these traditional teleconferencing requirements in response to the COVID-19 pandemic. That order expired on September 30, 2021, but recent amendments to the Brown Act, described below, now provide other alternatives to the standard teleconferencing rules under specific conditions. The Brown Act's standard teleconferencing rules described in the preceding paragraph remain available in lieu of the alternatives described below. 1) Assembly Bill 361 AB 361 built upon EO N-29-20 to provide a statutory basis in the Brown Act for relaxed teleconferencing requirements during the COVID-19 declared emergency. As described below, however, there must be a proclaimed state of emergency for an agency to rely on AB 361. Because The Governor has announced that the current COVID-19 state of emergency will end on February 28, 20231, agencies will be unable to rely on AB 361 after that date absent a new emergency declaration. By its terms, AB 361 will sunset on January 1, 2024. § 54953(f). Until then, AB 361 authorizes local agencies to continue meeting remotely during a state of emergency proclaimed by the Governor without following the Brown Act's standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, if either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. § 54953(e)(1)(A)-(C). "State of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act. AB 361 generally requires legislative bodies to make remote public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe 1 Governor Newsom to End the COVID-19 State of Emergency (Oct. 17, 2022), available at: https://www.gov.ca..qov/2022/ 10/ 17/governor-newsom-to-end-the-covid-19-state-of- emergency/ (as of Dec. 7. 2022). Ralph M. Brown Act Page 6 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act and to address the local legislative body, and to make reasonable efforts to adhere as closely as reasonably possible to the provisions of the Brown Act. AB 361 provides the following procedures and requirements for conducting remote meetings as follows: Public Comment Opportunities in Real Time: A legislative body that meets remotely pursuant to AB 361 must allow members of the public to access the meeting via a call -in option or an internet-based service option, and the agenda for the remote meeting must provide an opportunity for members of the public to directly address the body in real time. Although the agency may still ask for public comments to be submitted in advance, the agency cannot require public comments to be submitted in advance of the meeting. § 54953(e) (2) (E). Agencies may not close a public comment period until members of the public are given the opportunity to register and the time for that comment period has elapsed, whether it is for a specific agenda item or a general comment period. If an agency does not provide a timed public comment period, but takes public comment separately on each agenda item, it must allow a reasonable amount of time per agenda item to allow members of the public the opportunity to provide public comment, including time to register or "otherwise be recognized forthe purpose of providing public comment." § 54953(e)(2)(G)(ii). 2. No Action During Disruptions: In the event of a disruption that prevents the local agency from broadcasting the remote meeting, or in the event of a disruption within the local agency's control that prevents members of the public from offering public comments using the call -in option or internet-based service option, AB 361 prohibits the legislative body from taking any further action on items appearing on the meeting agenda until public access to the meeting via the call - in or internet-based options is restored. § 54953(e) (2) (D). 3. Periodic Findings: To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts the ability of the body's members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. § 54953(e)(3). These findings must be made not later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter. We recommend that after the agency makes these findings for the first time, it place on the agenda (as a placeholder) "reconsideration" of the findings every month thereafter. § 54953(e)(3). 2) Assembly Bill 2449 AB 2449 provides alternate authority, separate from both the traditional Brown Act teleconferencing requirements and the relaxed teleconferencing requirements during declared emergencies under AB 361. The provisions of AB 2449 are effective for a period of three years beginning January 1, 2023 and ending January 1, 2026. AB 2449 requires at least a quorum of the legislative body to participate in person from a singular, physical location clearly identified on the agenda, open to the public, and Ralph M. Brown Act Page 7 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act situated within the boundaries of the territory over which the agency exercises jurisdiction. § 54953(f)(1). AB 2449 allows other individual members to participate remotely without posting agendas at all teleconference locations, identifying all such locations in the agendas, or making each teleconference location open to the public in two specified circumstances: (1) "just cause" or (2) "emergency circumstances." "Just cause" means any of the following: (A) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely; (B) a contagious illness that prevents a member from attending in person; (C) a need related to a physical or mental disability not otherwise accommodated by the agency's procedures for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the Americans with Disabilities Act; or (D) travel while on official business of the legislative body or another state or local agency. § 54953(j) (2). To participate remotely for just cause, a member must notify the legislative body "at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause." This notification must include a general description of the circumstances relating to their need to appear remotely at the given meeting. "Emergency circumstances" means a physical or family medical emergency that prevents a member from attending a meeting in person. § 54953(j)(1). To participate remotely due to emergency circumstances, the member must request the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body must take action to approve the request. § 54953(f) (2) (A) (ii). If the legislative body does not approve the request, the member may not participate via teleconference under AB 2449 at that meeting other than as a member of the public. The legislative body must request a general description of the circumstances relating to the member's need to appear remotely at the given meeting. A general description need not exceed 20 words and does not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law. A legislative body member should request to participate remotely at a meeting due to emergency circumstances as soon as possible, and a separate request is required for each meeting in which they seek to participate remotely. § 54953(f) (2) (A) (i) (1). The legislative body may approve such a request by a majority vote. §§ 54953(f) (2) (A) (i) (II); 54954.2(b) (4). If the request is received at least 72 hours before a regular meeting, the legislative body's action on the request should be included on the agenda. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting, the legislative body may take action at the beginning of the meeting. § 54953(f) (2) (A) (i) (II). There are strict limits on how often AB 2449 may be used for individual members. For "just cause," legislative members are only allowed to participate remotely up to two meetings per calendar year. Otherwise, legislative members may not participate solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the legislative body within a calendar Ralph M. Brown Act Page 8 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. At the meeting before any action is taken, members of the legislative body participating remotely pursuant to AB 2449 must publicly disclose whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individuals. § 54953(f)(2)(B). Members must also participate through both audio and visual technology so that the public can remotely hear and visually observe them. § 54953(f)(2)(C). Local agencies relying on AB 2449 must follow certain requirements for noticing and conducting remote meetings similar to those required by AB 361. Meeting notices and agendas must identify the means by which members of the public may access the meeting and offer public comment. § 54953(f) (1) (B). Meeting agendas must identify and include an opportunity for all persons to attend and address the legislative body directly via a call -in option, via an internet-based service option, and at the in -person location of the meeting. § 54953(f) (1) (C). In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call -in option or internet-based service option, or in the event of a disruption within the agency's control that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative body may take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. § 54953(f) (1) (D). The legislative body may not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. § 54953(f)(1)(E). V. ADA COMPLIANCE Pursuant to Section 54953.2, all meetings of a legislative body, other than closed session meetings or parts of meetings involving a closed session, are required to be held in a location and conducted in a manner that complies with the Americans with Disabilities Act of 1990. However, local agencies must ensure that remote meetings are conducted in a manner that allows persons with a disability to participate to the fullest extent possible. Additionally, if requested, the agenda and documents in the agenda packet shall be made available in alternative formats to persons with a disability. § 54954.1. The agenda shall include information regarding how, to whom and when a request for disability - related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the meeting. § 54954.2. Ralph M. Brown Act Page 9 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act VI. SIMULTANEOUS OR SUCCESSIVE MEETINGS A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or successively, only if a clerk or a member of the convened legislative body announces the following prior to convening the simultaneous or successive meeting: 1) There is a subsequent legislative body; 2) The amount of compensation or stipend, if any, each member may receive as a result of the multiple meetings; and 3) The form of the compensation or stipend that will be provided. The amount of compensation and stipend is not required to be announced if it is listed in a statute without additional compensation authorized by the local agency, and in any case, the announced compensation must not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of his or her official duties. § 54952.3. VII. SERIAL MEETINGS In addition to regulating all gatherings of a majority of the members of a legislative body, the Brown Act also addresses certain contacts between individual members of the legislative body. On the one hand, the Brown Act specifically provides that nothing in the Act is intended to impose requirements on individual contacts or conversations between a member of a legislative body and any other person. § 54952.2(c)(1). This provision even applies to individual contacts between two members of the legislative body (the individual contact exception to the "meeting" described above). Despite this exception, however, the Brown Act prohibits "serial meetings." § 54952.2(b)(1). A serial meeting is a series of meetings or communications, either in person or by other means, between individual members of the legislative body in which ideas are exchanged among a majority of a legislative body regarding an item of business that is within the subject matter jurisdiction of the legislative body. A serial meeting can occur even though a majority of legislative body members never gather in a room at the same time. For example, an email response concerning an agency's business circulating among a majority of the members of the legislative body, such as "reply to all," could be considered a serial meeting. A serial meeting typically occurs in one of two ways. The first is when a staff member, a legislative body member or some other person individually contacts a majority of legislative body members and shares ideas among the majority (e.g., "I've talked to members A and B and they will vote `yes.' Will you?"). Alternatively, Ralph M. Brown Act Page 10 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act member A calls member B, who then calls member C and so on, until a majority of the legislative body has discussed or deliberated or has taken action on the item of business. The prohibition against serial meetings does not, however, prohibit communications between staff and legislative body members for the purpose of answering questions or providing information regarding a matter that is within the subject matter jurisdiction of the local agency, as long as the staff person does not communicate with other members of the legislative body, the comments or positions of any other member of the legislative body. § 54952.2(b)(2). Social media interactions between or among members of a legislative body can also raise serial meeting concerns. However, the prohibition against serial meetings does not prevent communication between members of a legislative body and members of the public on internet-based social media platforms to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that: (i) a majority of the members of the legislative body do not use the social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body, and (ii) members of the legislative body do not respond directly to any communication on a social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. § 54952.2(b) (3). Observing the following guidelines can avoid inadvertent violation of the serial meeting rule. A. Contacts with Staff Staff can inadvertently become a conduit among a majority of a legislative body in the course of providing briefings on items of local agency business. Originally, the California Court of Appeal held that staff briefings of individual city council members do not constitute an illegal serial meeting under the Brown Act unless there was additional evidence that: (1) staff acted as a personal intermediary for other members of the legislative body; and (2) the meetings led to a collective concurrence among members of the legislative body. Following that decision, the state legislature amended Government Code Section 54952.2 in 2008, effective in 2009, to further clarify that staff briefings of individual city council members for the purpose of answering questions or providing information regarding an item of business do not constitute an illegal serial meeting under the Brown Act as long as a staff person does not communicate the comments or positions of a member of the legislative body to other members. Staff briefings must therefore be handled carefully. To avoid having a staff briefing become a serial meeting: • Staff briefings of members of the legislative body should be "unidirectional" when done on an individual basis for a majority of the legislative body. This means that information should flow from staff to the member, and the member's participation should be limited to asking questions and acquiring information. Otherwise, if multiple members separately give staff direction Ralph M. Brown Act Page 1 1 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act thereby causing staff to shape or modify their ultimate recommendations in order to reconcile the views of a majority of the members, a violation might occur. • A legislative body member should not ask staff to describe the views of any other members of the legislative body, and staff should not volunteer those views if known. • Staff may present their views to a legislative body member during an individual contact, but staff should not ask for that member's views unless it is absolutely clear that staff is not discussing the matter with a majority of the legislative body. B. Contacts with Constituents, Developers and Lobbyists A constituent, developer or lobbyist can also inadvertently become an intermediary among a majority of members of a legislative body thereby creating an illegal serial meeting in violation of the Brown Act. Such person's unfamiliarity with the requirements of the Brown Act aggravate this potential problem because they may expect a legislative body member to be willing to commit to a position in a private conversation in advance of a meeting. To avoid violations arising from contacts with constituents, developers and lobbyists: • State the ground rules "up front." Ask if the person has talked, or intends to talk, with other members of the legislative body about the same subject. If the answer is "yes," then make it clear that the person should not disclose the views of other legislative body member(s) during the conversation. • Explain to the person that you will not make a final decision on a matter prior to the meeting. For example: "State law prevents me from giving you a commitment outside a noticed meeting. I will listen to what you have to say and give it consideration as I make up my mind." • Do more listening and asking questions than expressing opinions. If you disclose your thoughts about a matter, counsel the person not to share them with other members of the legislative body. • Be especially careful with discussions about matters involving "quasi- judicial" land use decisions such as subdivision maps, site development plans, conditional use permits or variances. Consult with your city attorney or legal counsel before the meeting in order to avoid any potential problems involving illegal prejudice against the project or illegally receiving evidence about the project outside of the administrative record. Ralph M. Brown Act Page 12 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act C. Contacts with Fellow Members of the Same Legislative Body Direct contacts concerning local agency business with fellow members of the same legislative body - whether through face-to-face or telephonic conversations, notes, letters, online exchanges, email with or to staff members - are the most obvious means by which an illegal serial meeting can occur. This is not to say that a member of a legislative body is precluded from discussing items of local agency business with another member of that legislative body outside of a meeting; as long as the communication does not involve a majority of the legislative body, no "meeting" has occurred. There is, however, always the risk that one participant in the communication will disclose the views of the other participant to a third or fourth legislative body member, creating the possibility of a discussion of an item of business outside a noticed public meeting. Therefore, avoid discussing city business with a majority of the members of your legislative body and communicating the views of other legislative body members outside a meeting. D. Contacts on Social Media Social media engagement can also inadvertently lead to concerns of creating an illegal serial meeting in violation of the Brown Act. The Brown Act was previously silent regarding social media and its use by members of a legislative body, leading to uncertainty as to whether certain uses of social media could result in unintended violations of the Brown Act. Assembly Bill 992, passed in 2020 and effective January 1, 2021, amended certain provisions of the Brown Act until January 1, 2026 to clarify allowable uses of social media under the Act. A member of a legislative body may engage in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body. However, a majority of the members of the legislative body cannot use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. Further, a member of the legislative body is prohibited from responding directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. § 54952.2(b) (3) (A). Unlike other serial meeting restrictions that are invoked when there are contacts of a majority of the legislative body, this provision is triggered when there is interaction between as little as two members of a body. For purposes of these provisions, such interaction includes commenting or using digital icons that express reactions to communications made by other members of the legislative body. § 54952.2(b) (3) (B) (i). Thus, it is now clear that "liking" a post or using a digital icon is considered a discussion under the Brown Act. Therefore, to avoid violations arising from social media engagement, members of a legislative body should avoid interacting on social media platforms with any other Ralph M. Brown Act Page 13 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act members of their legislative body regarding matters within the subject matter jurisdiction of the legislative body. These suggested rules of conduct may seem unduly restrictive and impractical, and may make acquiring important information more difficult or time-consuming. Nevertheless, following them will help assure that your conduct comports with the Brown Act's goal of achieving open government. If you have questions about compliance with the Act in any given situation, you should seek advice from your city attorney or legal counsel. Adherence to the foregoing guidelines is not a substitute for securing advice from your legal counsel. VIII. NOTICE, AGENDA AND REPORTING REQUIREMENTS A. Time of Notice and Content of Agenda Two key provisions of the Brown Act which ensure the public's business is conducted openly are the requirements that legislative bodies publicly post agendas prior to their meetings, (§§ 54954.2, 54955, 54956 and 54957.5) and that no action or discussion may occur on items or subjects not listed on the posted agenda (§ 54954.2). The limited exceptions to the rule against discussing or taking action not on a posted agenda are discussed further below. Legislative bodies, except advisory committees and standing committees, are required to establish a time and place for holding regular meetings. § 54954(a). A "regular" meeting is a meeting that occurs on the legislative body's established meeting day. Generally, agendas for a regular meeting must be publicly posted 72 hours in advance of the meeting in a place that is freely accessible to the public. Agendas must contain a brief general description of each item of business to be transacted or discussed at the meeting. § 54954.2(a). The description should inform the public of the "essential nature" of the matter, but need not exceed 20 words. San Diegans for Open Government v. City of Oceanside, 4 Cal. App. 5th 637 (2016). Courts will not uphold a challenge to the sufficiency of an agenda item description when the description provides fair notice of what the agency will consider. The San Diegans for Open Government case provides an example of a sufficient agenda description that provides fair notice. In San Diegans for Open Government, the Oceanside City Council approved a subsidy agreement with a hotel developer using the following agenda item description: Adoption of a resolution to approve: 1. An Agreement Regarding Real Property (Use Restrictions) between the City of Oceanside and SD Malkin Properties Inc. to guarantee development and use of the property as a full service resort consistent with the entitlements for the project; 2. An Agreement Regarding Real Property to provide a Ralph M. Brown Act Page 14 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act mechanism to share Transient Occupancy Tax (TOT) generated by the Project; 3. A Grant of Easement to permit construction of a subterranean parking garage under Mission Avenue; 4. A report required by AB 562 prepared by Paul Marra of Keyser Marston and Associates documenting the amount of subsidy provided to the developer, the proposed start and end date of the subsidy, the public purpose of the subsidy, the amount of the tax revenue and jobs generated by the project; and 5. A License Agreement to permit construction staging for the project on a portion of Lot 26. The court ruled that this agenda description complied with the requirements of Government Code Section 54954.2 because the agenda description expressly gave the public notice that the council would consider a fairly substantial development of publicly owned property as a hotel, that the City would share the transient occupancy tax generated by the project and that the transaction would involve a subsidy by the City. Additional information, while helpful, was not necessary to provide fair notice of the essential nature of the action under state law. The court found that the language of the agenda, considered as a whole, provided more than a "clue" that the City planned to provide the developer with a substantial and ongoing financial subsidy in exchange for the project. In contrast, in Hernandez v. Town of Apple Valley, 7 Cal. App. 5th 194 (2017), the court held that the Apple Valley Town Council's agenda description was insufficient. There, the Apple Valley Town Council adopted three resolutions that called for a special election related to an initiative to adopt a commercial specific plan and the filing of arguments and rebuttal arguments for and against the initiative. In addition, the Town Council adopted a Memorandum of Understanding ("MOU") that authorized the acceptance of a gift from an interested party, Wal-Mart, to pay for the special election. The agenda description for the matter read "Wal-Mart Initiative Measure" and included a recommendation for action that read "[p]rovide direction to staff." The court reiterated that the Brown Act requires that each item of business be placed on the agenda. Specifically, the court highlighted that nothing in the agenda description, or even in the agenda packet, indicated that the Town Council was going to consider an MOU to accept a gift from Wal-Mart to pay for a special election to pass the initiative. The court concluded that the City violated the Brown Act by omitting the MOU from the agenda description because the omission meant that the plaintiff was given no notice of the item of business. Furthermore, agendas should make clear whether items may be acted on or whether they are informational only. Thus, if an agenda for a meeting states that the legislative body will only "discuss" an item, the legislative body may not take an "action" on that item. Agendas must also be posted on the local agency's website, if one exists, for City Council meetings, and meetings of any other legislative body where some members are City Council members and are compensated for their appearance. While the language of the 72 hour posting requirement appears absolute, the California Attorney General Ralph M. Brown Act Page 15 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act opined that technical difficulties, such as a power failure, cyber-attack or other third - party interference that prevents a local agency from posting its agenda on its website for the full 72 hours will not necessarily preclude the legislative body from lawfully holding its meeting. 99 Ops. Cal. Atty. Gen. 11 (2016). Whether a public meeting may continue as scheduled requires a fact specific analysis that turns on whether the local agency has otherwise "substantially complied" with the Brown Act's agenda posting requirements by properly posting a physical agenda and making other "reasonably effective efforts" (such as making the agenda available on social media or some other alternative website) to notify the public of the meeting. Please note that the proposed adoption of a CEQA exemption or approval of a CEQA document, such as an environmental impact report or a negative declaration, by a Planning Commission or a City Council is a distinct item of business separate from the item approving the project and must be expressly described in an agenda. G.I. Industries v. City of Thousand Oaks (2022) 84 Cal.App.5th 814. A "special" meeting is a meeting that is held at a time or place other than the time and place established for regular meetings. For special meetings, the "call and notice" of the meeting and the agenda must be posted in a publicly accessible area, including in some cases on the local agency's website, at least 24 hours prior to the meeting. § 54956(a). Additionally, each member of the legislative body must personally receive written notice of the special meeting either by personal delivery or by "any other means" (such as facsimile, email or U.S. mail) at least 24 hours before the time of the special meeting, unless they have previously waived receipt of written notice. Members of the press (including radio and television stations) and other members of the public can also request written notice of special meetings and, if they have, then that notice must be given at the same time notice is provided to members of the legislative body. An "emergency" meeting may be called to address certain emergencies, such as a terrorist act or crippling disaster, without complying with the 24-hour notice requirement. Certain requirements apply for notifying the press and for conducting closed sessions as part of those meetings and except as specified, all other rules governing special meetings apply. § 54956.5. Both regular and special meetings may be adjourned to another time. Notices of adjourned meetings must be posted on the door of the meeting chambers where the meeting occurred within 24 hours after the meeting is adjourned. § 54955. If the adjourned meeting occurs more than five days after the prior meeting, a new agenda for that adjourned meeting must be posted 72 hours in advance of the adjourned meeting. § 54954.2(b)(3). The Brown Act requires local agencies to mail the agenda or the full agenda packet to any person making a written request no later than the time the agenda is posted or is delivered to the members of the body, whichever is earlier. Additionally, a local agency with an internet website must send a website link to or a copy of the agenda or the full agenda packet by email, if a person requests that the documents be sent by email. A local agency may charge a fee to recover its costs of copying and mailing. Any person may make a standing request to receive these materials, in which event the request must Ralph M. Brown Act Page 16 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act be renewed annually. Failure by any requestor to receive the agenda does not constitute grounds to invalidate any action taken at a meeting. § 54954.1. B. Action and Discussion on Non -agenda Items The Brown Act also ensures the public's business is conducted openly by restricting a legislative body's ability to deviate from posted agendas. The statute affords a legislative body limited authority to act on or discuss non -agenda items at regular meetings, but forbids doing so at special meetings. As a general rule, a legislative body may not act on or discuss any item that does not appear on the agenda posted for a regular meeting. § 54954.2(a) (3). This rule does not, however, preclude a legislative body from acting on a non -agenda item that comes to the local agency's attention subsequent to the agenda posting which requires immediate action. § 54954.2(b) (2). In order to utilize this exception, the legislative body must make findings of both components of the exception by a two-thirds vote of those present (by unanimous vote if less than two-thirds of the body is present). This means that if four members of a five -member body are present, three votes are required to add the item; if only three are present, a unanimous vote is required. In addition, an item not appearing on an agenda may be added if the legislative body determines by a majority vote that an emergency situation exists. § 54954.2(b) (1). For purposes of this exception, the term "emergency situation" refers to work stoppages or crippling disasters that severely impair public health, safety, or both. Assembly Bill 2449, discussed above, also allows a legislative body act at the beginning of a meeting on a request from a member to participate in a meeting remotely due to emergency circumstances pursuant to AB 2449 if the member's request to participate remotely does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. § 54953(f) (2) (A) (i) (II); § 54954.2(b)(4). The legislative body may approve such a request by a majority vote of the legislative body. § 54954.2(b)(4). In addition to the general exceptions discussed above, a legislative body may also discuss non -agenda items at a regular meeting under the following five additional exceptions: • Members of the legislative body or staff may briefly respond to statements made or questions posed by persons during public comment periods; • Members of the legislative body or staff may ask a question for clarification, make a brief announcement or make a brief report on their own activities; • Members of the legislative body may, subject to the procedural rules of the body, provide a reference to staff or other resources for factual information; • Members of the legislative body may, subject to the procedural rules of the body, request staff to report back to the legislative body at a subsequent meeting concerning any matter; and Ralph M. Brown Act Page 17 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act • Members of the legislative body may, subject to the procedural rules of the body, take action to direct staff to place a matter of business on a future agenda. Therefore, spending a few minutes to discuss whether a matter should be placed on a future agenda or asking staff procedural questions is permissible. Cruz v. City of Culver City, 2 Cal.App. 5th 239 (2016). The legislative body may not, however, discuss non - agenda items to any significant degree. This means there should not be long or wide- ranging question and answer sessions on non -agenda items between the legislative body and the public or between the legislative body and staff. It is important to follow these exceptions carefully and construe them narrowly to avoid tainting an important and complex action by a non-agendized discussion of the item. The Brown Act contains even more stringent regulations to restrict action on and discussion of non -agenda items at special meetings. In particular, the statute mandates that only business that is specified in the "call and notice" of the special meeting may be considered by the legislative body. § 54956. Notwithstanding, a special meeting may not be called to discuss compensation of a local agency executive. § 54956(b). C. Reporting of Actions The Brown Act mandates the public reporting of individual votes or abstentions by members of legislative bodies on any given motion or action. This requirement may be satisfied in most situations by reporting the individual vote or abstention of each member in the minutes of a meeting. § 54953(c). The Brown Act also requires that the legislative body orally report a summary of recommendations made with respect to the salary, salary schedule or compensation paid to a local agency executive. The legislative body must issue the report at the same meeting in which the final action on compensation is being considered. § 54953(c)(3). IX. PUBLIC PARTICIPATION A. Regular Meetings The Brown Act mandates that every agenda for a regular meeting provide an opportunity for members of the public to directly address the legislative body on any matter that is within the subject matter jurisdiction of the legislative body. § 54954.3(a). In addition, the Brown Act requires the legislative body to allow members of the public to comment on any item on the agenda either before or during the body's consideration of that item. § 54954.3(a). Also, although not required under the Brown Act, local agencies may consider reading written comments received into the public record by the city clerk, or his or her designee, subject to reasonable time and content limitations imposed in accordance with the requirements outlined below in Section C (titled Limitations on the Length and Content of Public Comments). Ralph M. Brown Act Page 18 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act Some local agencies accomplish both public comment requirements by placing a general audience comment period at the beginning of the agenda where the public can comment on both agenda and non -agenda items. Others provide public comment periods as each item or group of items comes up on the agenda, and then leave the general public comment period to the end of the agenda. Either method is permissible, though public comment on public hearing items must be taken during the hearing. The Brown Act allows a legislative body to preclude public comments on an agenda item in one limited situation sometimes referred to as the "committee exception" -where the item was considered by a committee, composed solely of members of the body, that held a meeting where public comments on that item were allowed. So, if the legislative body has standing committees (which are required to have agendized and open meetings with an opportunity for the public to comment on agenda items) and the committee has previously considered an item, then at the time the item comes before the full legislative body, the body may choose not to take additional public comments on that item. However, if the version presented to the full legislative body is different from the version presented to, and considered by, the committee, then the public must be given another opportunity to speak on that item at the meeting of the full body. § 54954.3(a). B. Public Comments at Special Meetings The Brown Act requires that agendas for special meetings provide an opportunity for members of the public to address the legislative body concerning any item listed on the agenda before or during the body's consideration of that item. § 54954.3(a). Unlike regular meetings, though, the legislative body does not have to allow public comment on non -agenda matters at a special meeting. Additionally, unlike regular meetings, the exception to the requirement for public comment opportunity for items already considered by a committee (i.e., the "committee exception") does not apply to special meetings. Preven v. City of Los Angeles, 32 Cal. App. 5th 925, 936 (2019). C. Limitations on the Length and Content of Public Comments A legislative body may adopt reasonable regulations limiting the total amount of time allocated to each person for public testimony. § 54954.3(b). Typical time limits restrict speakers to three or five minutes. If an individual utilizes a translator to give testimony and simultaneous translation equipment is not used, the legislative body must allot at least twice the standard amount of time to the speaker. § 54954.3(b)(2). A legislative body may also adopt reasonable regulations limiting the total amount of time allocated for public testimony on legislative matters, such as a zoning ordinance or other regulatory ordinance. However, setting total time limits per item for any quasi-judicial matter, such as a conditional use permit application, is not recommended because the time restriction could violate the due process rights of those who were not able to speak to the body during the time allotted. Ralph M. Brown Act Page 19 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act The Brown Act precludes a legislative body from prohibiting public criticism of the policies, procedures, programs or services of the local agency or the acts or omissions of the body. § 54954.3(c). This restriction does not mean that a member of the public may say anything during public testimony. If the topic of the public's comments falls outside the subject matter jurisdiction of the local agency, the legislative body may stop a speaker's comments if the comments are disruptive, as described below. A legislative body also may adopt reasonable rules of decorum that preclude a speaker from disrupting, disturbing or otherwise impeding the orderly conduct of its meetings. § 54954.3(b). The right to publicly criticize a public official does not include the right to slander that official, though the line between criticism and slander is often difficult to determine in the heat of the moment. Care must be given to avoid violating the free speech rights of speakers by suppressing opinions relevant to the business of the legislative body. Finally, in some circumstances, the use of profanity may serve as a basis for stopping a speaker. It will depend, however, upon what profane words or comments are made and the context of those comments. Therefore, no one should be ruled out of order for profanity unless the language both is truly objectionable and causes a disturbance or disruption in the proceeding. The presiding officer of a legislative body may remove an individual from a meeting for actual disruptive behavior if they first warn the individual that their behavior is disruptive and that failure to cease their disruptive behavior could result in removal from the meeting. § 54957.95(a). Behavior is disruptive only if it actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting. § 54957.95(b)(1). Disruptive behavior may include noncompliance with the legislative body's established rules of decorum, such as speaking out of turn or exceeding established time limits on how long an individual can speak on a particular topic during public comment. § 54957.95(b) (1) (A). If the individual disrupting the meeting is using force or a true threat of force — meaning serious enough that a reasonable observer would perceive the threat to be an actual threat to use force by the person making the threat — they may be removed without a prior warning to cease their behavior. § 54957.95. D. Additional Rights of the Public The Brown Act grants the public the right to videotape or broadcast a public meeting, as well as the right to make a motion picture or still camera record of such meeting. § 54953.5(a). A legislative body may prohibit or limit recording of a meeting, however, if the body finds that the recording cannot continue without noise, illumination or view obstruction that constitutes, or would constitute, a disruption of the proceedings. § 54953.6. Any audio or videotape record of an open and public meeting that is made, for whatever purpose, by or at the direction of the local agency is a public record and is subject to inspection by the public consistent with the requirements of the Public Records Act. § 54953.5(b). The local agency must not destroy the tape or film record for at least 30 days following the date of the taping or recording. Inspection of the audiotape or Ralph M. Brown Act Page 20 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act videotape must be made available to the public for free on equipment provided by the local agency. The Brown Act requires written material distributed to a majority of the body by any person to be provided to the public without delay. This rule is inapplicable, to attorney - client memoranda, the confidentiality of which was affirmed by the California Supreme Court in Roberts v. City of Palmdale, 5 Cal. 4th 363, 381 (1993). However, if non -privileged material is distributed during the meeting and prepared by the local agency, it must be available for public inspection at the meeting. If it is distributed during the meeting by a member of the public, it must be made available for public inspection after the meeting. § 54957.5(c). If material related to an agenda item is distributed to a majority of the body less than 72 hours prior to an open session of a regular meeting, the writing must be made available at the same time for public inspection at a public office or location that has been designated in advance for such purpose. Each local agency must list the address of the designated office or location on the agendas for all meetings of the legislative body of that agency. § 54957.5(b). Although this Brown Act provision technically requires an agency to list the designated office address on closed session meeting agendas, it does not require an agency to make such closed session documents and materials available for public inspection. A local agency may also post all documents made available for public inspection pursuant to Section 54957.5(b) on the agency's Internet Web site. However, a local agency may not post the writings to its website in lieu of designating a public office or location for inspection of physical copies of the documents. There is a limited exception for certain supplemental materials to the requirement described above regarding making a writing distributed to a majority of the legislative body less than 72 hours in advance of a meeting immediately available for public inspection at a physical location. § 54957.5(b) (2) (B). The exception only applies to materials that are supplementing an initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item that was made available for public inspection at the office or location designated at least 72 hours before the meeting. The exception allows the agency to make the materials available for public inspection the next business day commencing at least 24 hours in advance of the meeting during regular hours if the agency posts the materials on the agency's website immediately upon distributing them to the majority of the body, making it clear they relate to the item at the upcoming meeting, and the agenda posted for all meetings of the legislative body contains the agency's website address. We recommend that local agencies implement the following procedures to comply with Section 54957.5(b): • Place a binder at the agency's principal place of business next to the public counter agenda packet that identifies the contents as follows: "Disclosable public documents related to an open session agenda item on Ralph M. Brown Act Page 21 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act the Agenda Packet distributed by the [AGENCY] to a majority of the [LEGISLATIVE BODY] less than 72 hours prior to the meeting." • On the agenda template for all meetings, there should be a standard footer or statement that indicates the following: "Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the [AGENCY] to at least a majority of the [LEGISLATIVE BODY] less than 72 hours prior to that meeting are available for public inspection at the Counter at [AGENCY'S PLACE OF BUSINESS] located at [ADDRESS] and [optional] the Counter at the Library located at [LIBRARY ADDRESS] during normal business hours. [Optional] In addition, the Agency may also post such documents on the Agency's Website at [WEBSITE ADDRESS]." Agencies should make these documents available online to the greatest extent possible, when public buildings or facilities are temporarily closed to public access. • On the agency's website, create a subfolder under the agenda packet folder that identifies the contents of the subfolder as follows: "Disclosable public documents related to an open session agenda item on the Agenda Packet distributed by the [AGENCY] to a majority of the [LEGISLATIVE BODY] less than 72 hours prior to the meeting." • On all documents made available for public inspection pursuant to Section 54957.5(b), make a notation of the date when distributed to at least a majority of the legislative body and placed in the binder at agency's place of business, [optional] the Library, or [optional] on the agency's Website. • Charge customary photocopying charges for copies of such documents. One problem left unaddressed by Section 54957.5(b) is what to do when written materials are distributed directly to a majority of the legislative body without knowledge of staff, or even without the legislative body members knowing that a majority has received it. The law still requires these materials to be treated as public records. Thus, it is a good idea for at least one member of the legislative body to ensure that staff gets a copy of any document distributed to members of the legislative body so that copies can be made for the local agency's records and for members of the public who request a copy. X. CLOSED SESSIONS The Brown Act allows a legislative body to convene a "closed session" during a meeting in order to meet privately with its advisors on specifically enumerated topics. Sometimes people refer to closed sessions as "executive sessions," which is a holdover term from the statute's early days. Examples of business that may be conducted in closed session include personnel actions and evaluations, threats to public safety, labor negotiations, pending litigation, real estate negotiations and consideration of a response to an audit Ralph M. Brown Act Page 22 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act report. §§ 54956.8, 54956.9, 54957, 54957.6, 54956.75. Political sensitivity of an item is not a lawful reason for a closed session discussion. The Brown Act requires that closed session business be described on the public agenda. For a litigation threat against a city made outside an open and public meeting to be discussed in closed session it must be included in the agenda packet made available upon request before the meeting. Fowler v. City of Lafayette, 46 Cal. App. 5th 360, 370 (2020), as modified on denial of reh'g (Mar. 11, 2020), review denied (July 22, 2020). Moreover, there is a "safe harbor" for using prescribed language to describe closed session items on an agenda in that legal challenges to the adequacy of the description are precluded when such language is used. § 54954.5. This so-called "safe harbor" encourages many local agencies to use a very similar agenda format, especially in light of a California Court of Appeal ruling that a local agency substantially complied with the Brown Act's requirement to describe closed session agenda items even though the notice referred to the wrong subsection of Section 54956.9. Castaic Lake Water Agency v. Newhall County Water District, 238 Cal.App. 4th 1196, 1207 (2015). Audio recording of closed sessions is not required unless a court orders such recording after finding a closed session violation. § 54960. Closed sessions may be started in a location different from the usual meeting place as long as the location is noted on the agenda and the public can be present when the meeting first begins. Moreover, public comment on closed session items must be allowed before convening the closed session. After a closed session, the legislative body must reconvene the public meeting and publicly report certain types of actions if they were taken and the vote on those actions. § 54957.1. There are limited exceptions for specified litigation decisions and to protect the victims of sexual misconduct or child abuse. Contracts, settlement agreements or other documents that are finally approved or adopted in closed session must be provided at the time the closed session ends to any person who has made a standing request for all documentation in connection with a request for notice of meetings (typically members of the media) and to any person who makes a request within 24 hours of the posting of the agenda, if the requestor is present when the closed session ends. § 54957.1. One perennial area of confusion is whether a legislative body may discuss the salary and benefits of an individual employee (such as a city manager) as part of a performance evaluation session under Section 54957. It may not. However, the body may designate a negotiator or negotiators, such as two members of a five -member legislative body, to negotiate with that employee and then meet with the negotiator(s) in closed session under Section 54957.6 to provide directions on salary and compensation issues. The employee in question may not be present in such a closed session. The Brown Act prohibits attendees from disclosing confidential information obtained during a closed session, unless the legislative body authorizes the disclosure. Violations can be addressed through injunctions, disciplinary action, and referral to the grand jury. § 54963. Ralph M. Brown Act Page 23 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act XI. ENFORCEMENT There are both civil remedies and criminal misdemeanor penalties for Brown Act violations. The civil remedies include injunctions against further violations, orders nullifying any unlawful action, orders determining that an alleged act violated the Brown Act, orders determining the validity of any rule to penalize or discourage the expression of a member of the legislative body, and remedies for breaching closed session confidences. §§ 54960, 54960.1, 54960.2, 54963. The procedures for claiming there was a Brown Act violation vary depending upon what the complaining party is seeking. If the complaining party is seeking to invalidate an action based on a violation of the Brown Act, the procedures for doing so are set forth in Section 54960.1, as summarized below. If the complaining party is merely seeking a determination that a Brown Act violation occurred or desires the court to impose an order preventing further violations, the procedures for doing so are set forth in Section 54960.2, also as summarized below. Under Section 54960.1, prior to filing suit to obtain a judicial determination that an action is null and void because of an alleged Brown Act violation, the complaining party must make a written demand on the legislative body to cure or correct the alleged violation. § 54960.1 (b). The written demand must be made within 90 days after the challenged action was taken. However, if the challenged action was taken in open session and involves a violation of the agenda requirements of Section 54954.2, then the written demand must be made within 30 days. § 54960.1 (c) (1). The legislative body is required to cure or correct the challenged action and inform the party who filed the demand of its correcting actions or its decision not to cure or correct, within 30 days. § 54960.1 (c) (2). The complaining party must file suit within 15 days after receipt of the written notice from the legislative body or if there is no written response, within 15 days after the 30-day cure period expires. § 54960.1 (c). Under Section 54960.2, prior to filing suit to obtain a judicial determination that an alleged Brown Act violation occurred after January 1, 2013, the district attorney or interested person must submit a cease and desist letter to the legislative body clearly describing the legislative body's past action and the nature of the alleged violation within nine months of the alleged violation. § 54960.2(a). Second, the legislative body may respond within 30 days, including responding with an unconditional commitment to cease and desist from, and not repeat the past action that is alleged to violate the Brown Act. § 54960.2(b). If the legislative agency responds with an unconditional commitment, that commitment must be approved by the legislative body in open session at a regular or special meeting as a separate item of business not on the consent calendar and must be in substantially the form set forth in Section 54960.2(c)(1). Also, a legislative body may resolve to rescind an unconditional commitment with proper notice to the public and to each person to whom the unconditional commitment was made. § 54960.2(e). Upon rescission, the district attorney or any interested person may file an action pursuant to Section 54960(a). Finally, Section 54960.2 provides further deadlines and requirements that must be met when filing an action in connection with an unconditional commitment. § 54960.2. Note that even where a plaintiff can satisfy the threshold procedural requirements, a Brown Act violation will not automatically invalidate the action taken by the legislative body absent a Ralph M. Brown Act Page 24 © 2023 Richards, Watson & Gershon 2764673 Summary of the Major Provisions of the Ralph M. Brown Act showing that the violation caused prejudice. Mortis Camp Cmty. Assn v. Cty. of Placer, 53 Cal. App. 5th 569, 592 (2020). A member of a legislative body will not be criminally liable for a violation of the Brown Act unless the member intends to deprive the public of information which the member knows or has reason to know the public is entitled to under the Brown Act. § 54959. This standard became effective in 1994 and is a different standard from most criminal standards. Until it is applied and interpreted by a court, it is not clear what type of evidence will be necessary to prosecute a Brown Act violation. XII. CONCLUSION The Brown Act's many rules and ambiguities can be confusing, and compliance with it can be difficult. In the event that you have any questions regarding any provision of the law, you should contact your legal counsel for advice. Ralph M. Brown Act Page 25 © 2023 Richards, Watson & Gershon 2764673 PART TWO: THE RALPH M. BROWN ACT Updated including changes effective January 1, 2023 Ralph M. Brown Act Page 26 © 2023 Richards, Watson & Gershon 2764673 Text of the Ralph M. Brown Act The Ralph M. Brown Act Government Code §§ 54950-54963 Section 54950. Declaration of public policy In enacting this chapter, the Legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. Section 54950.5. Title of act This chapter shall be known as the Ralph M. Brown Act. Section 54951. "Local agency" As used in this chapter, "local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof or other local public agency. Section 54952. "Legislative body" As used in this chapter, "legislative body" means: (a) The governing body of a local agency or any other local body created by state or federal statute. (b) A commission, committee, board or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution or formal action of a legislative body are legislative bodies for purposes of this chapter. (c) (1) A board, commission, committee or other multimember body that governs a private corporation, limited liability company or other entity that either: Ralph M. Brown Act Page 27 2764673 Text of the Ralph M. Brown Act (A) Is created by the elected legislative body in order to exercise authority that may lawfully be delegated by the elected governing body to a private corporation, limited liability company or other entity. (B) Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body as a full -voting member by the legislative body of the local agency. (2) Notwithstanding subparagraph (B) of paragraph (1), no board, commission, committee or other multimember body that governs a private corporation, limited liability company or other entity that receives funds from a local agency and, as of February 9, 1996, has a member of the legislative body of the local agency as a full voting member of the governing body of that private corporation, limited liability company or other entity shall be relieved from the public meeting requirements of this chapter by virtue of a change in status of the full -voting member to a nonvoting member. (d) The lessee of any hospital, the whole or part of which is first leased pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994, where the lessee exercises any material authority of a legislative body of a local agency delegated to it by that legislative body whether the lessee is organized and operated by the local agency or by a delegated authority. Section 54952.1. Conduct and treatment of electee Any person elected to serve as a member of a legislative body who has not yet assumed the duties of office shall conform his or her conduct to the requirements of this chapter and shall be treated for purposes of enforcement of this chapter as if he or she has already assumed office. Section 54952.2. Specified communications of legislative body of local agency prohibited outside meeting thereof (a) As used in this chapter, "meeting" means any congregation of a majority of the members of a legislative body at the same time and location, including teleconference location as permitted by Section 54953, to hear, discuss, deliberate or take action on any item that is within the subject matter jurisdiction of the legislative body. (b) (1) A majority of the members of a legislative body shall not, outside a meeting authorized by this chapter, use a series of communications of any kind, directly or through intermediaries, to discuss, deliberate or take action on any item of business that is within the subject matter jurisdiction of the legislative body. (2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency, from engaging in separate conversations or communications outside of a meeting authorized by this chapter with members of a legislative body in order to answer questions or provide information regarding a matter that is within the subject matter jurisdiction of the local agency, if that person does not communicate to members Ralph M. Brown Act Page 28 2764673 Text of the Ralph M. Brown Act of the legislative body the comments or position of any other member or members of the legislative body. (3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body from engaging in separate conversations or communications on an internet-based social media platform to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body provided that a majority of the members of the legislative body do not use the internet-based social media platform to discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body. A member of the legislative body shall not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. (B) For purposes of this paragraph, all of the following definitions shall apply: (i) "Discuss among themselves" means communications made, posted, or shared on an internet-based social media platform between members of a legislative body, including comments or use of digital icons that express reactions to communications made by other members of the legislative body. (ii) "Internet -based social media platform" means an online service that is open and accessible to the public. (iii) "Open and accessible to the public" means that members of the general public have the ability to access and participate, free of charge, in the social media platform without the approval of the social media platform or a person or entity other than the social media platform, including any forum and chatroom, and cannot be blocked from doing so, except when the internet-based social media platform determines that an individual violated its protocols or rules. (c) Nothing in this section shall impose the requirements of this chapter upon any of the following: (1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b). (2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. Ralph M. Brown Act Page 29 2764673 Text of the Ralph M. Brown Act (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency. (6) The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers. (d) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. Section 54952.3. Simultaneous or serial order meetings authorized; Requirements; Compensation or stipend (a) A legislative body that has convened a meeting and whose membership constitutes a quorum of any other legislative body may convene a meeting of that other legislative body, simultaneously or in serial order, only if a clerk or a member of the convened legislative body verbally announces, prior to convening any simultaneous or serial order meeting of that subsequent legislative body, the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the simultaneous or serial meeting of the subsequent legislative body and identifies that the compensation or stipend shall be provided as a result of convening a meeting for which each member is entitled to collect compensation or a stipend. However, the clerk or member of the legislative body shall not be required to announce the amount of compensation if the amount of compensation is prescribed in statute and no additional compensation has been authorized by a local agency. (b) For purposes of this section, compensation and stipend shall not include amounts reimbursed for actual and necessary expenses incurred by a member in the performance of the member's official duties, including, but not limited to, reimbursement of expenses relating to travel, meals, and lodging. Ralph M. Brown Act Page 30 2764673 Text of the Ralph M. Brown Act Section 54952.6. "Action taken" As used in this chapter, "action taken" means a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. Section 54952.7. Copy of chapter A legislative body of a local agency may require that a copy of this chapter be given to each member of the legislative body and any person elected to serve as a member of the legislative body who has not assumed the duties of office. An elected legislative body of a local agency may require that a copy of this chapter be given to each member of each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body. Section 54953. Requirement that meetings be open and public; Teleconferencing; Teleconference meetings by health authority (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter. (b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding. (2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. If the legislative body of a local agency elects to use teleconferencing, the legislative body of a local agency shall comply with all of the following: (A) All votes taken during a teleconferenced meeting shall be by roll call. (B) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. (C) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (D) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. Ralph M. Brown Act Page 31 2764673 Text of the Ralph M. Brown Act (3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action. (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 351 1.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) to inspect or copy records created or received in the process of developing the recommendation. (d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38 and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code and any advisory committee to a county -sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. Ralph M. Brown Act Page 32 2764673 Text of the Ralph M. Brown Act (e) (1) The legislative body of a local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances: (A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following: (A) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet-based service option. (B) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call -in option or internet- based service option, or in the event of a disruption within the local agency's control that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (C) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (D) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. Ralph M. Brown Act Page 33 2764673 Text of the Ralph M. Brown Act (E) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote: (A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist: (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) This subdivision shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (f) (1) The legislative body of a local agency may use teleconferencing without complying with paragraph (3) of subdivision (b) if, during the teleconference meeting, at least a quorum of the members of the legislative body participates in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the territory over which the local agency exercises jurisdiction and the legislative body complies with all of the following: (A) The legislative body shall provide at least one of the following as a means by which the public may remotely hear and visually observe the meeting, and remotely address the legislative body: Ralph M. Brown Act Page 34 2764673 Text of the Ralph M. Brown Act (i) A two-way audiovisual platform. (ii) A two-way telephonic service and a live webcasting of the meeting. (B) In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. (C) The agenda shall identify and include an opportunity for all persons to attend and address the legislative body directly pursuant to Section 54954.3 via a call - in option, via an internet-based service option, and at the in -person location of the meeting. (D) In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call -in option or internet- based service option, or in the event of a disruption within the local agency's control that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call -in option or internet-based service option is restored. Actions taken on agenda items during a disruption that prevents the legislative body from broadcasting the meeting may be challenged pursuant to Section 54960.1. (E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third -party internet website or online platform to participate. (2) A member of the legislative body shall only participate in the meeting remotely pursuant to this subdivision, if all of the following requirements are met: (A) One of the following circumstances applies: (i) The member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year. Ralph M. Brown Act Page 35 2764673 Text of the Ralph M. Brown Act (ii) The member requests the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law, such as the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of the Civil Code). For the purposes of this clause, the following requirements apply: (1) A member shall make a request to participate remotely at a meeting pursuant to this clause as soon as possible. The member shall make a separate request for each meeting in which they seek to participate remotely. (11) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2. (B) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individuals. (C) The member shall participate through both audio and visual technology. (3) The provisions of this subdivision shall not serve as a means for any member of a legislative body to participate in meetings of the legislative body solely by teleconference from a remote location for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. (g) The legislative body shall have and implement a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and resolving any doubt in favor of accessibility. In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the procedure for receiving and resolving requests for accommodation. (h) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws. Ralph M. Brown Act Page 36 2764673 Text of the Ralph M. Brown Act (i) (1) Nothing in this section shall prohibit a legislative body from providing the public with additional teleconference locations. (2) Nothing in this section shall prohibit a legislative body from providing members of the public with additional physical locations in which the public may observe and address the legislative body by electronic means. (j) For the purposes of this section, the following definitions shall apply: (1) "Emergency circumstances" means a physical or family medical emergency that prevents a member from attending in person. (2) "Just cause" means any of the following: (A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. "Child," "parent," "grandparent," "grandchild," and "sibling" have the same meaning as those terms do in Section 12945.2. (B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g). (D) Travel while on official business of the legislative body or another state or local agency. (3) "Remote location" means a location from which a member of a legislative body participates in a meeting pursuant to subdivision (f), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (4) "Remote participation" means participation in a meeting by teleconference at a location other than any physical meeting location designated in the notice of the meeting. Watching or listening to a meeting via webcasting or another similar electronic medium that does not permit members to interactively hear, discuss, or deliberate on matters, does not constitute remote participation. (5) "State of emergency" means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2). (6) "Teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Ralph M. Brown Act Page 37 2764673 Text of the Ralph M. Brown Act (7) "Two-way audiovisual platform" means an online platform that provides participants with the ability to participate in a meeting via both an interactive video conference and a two-way telephonic function. (8) "Two-way telephonic service" means a telephone service that does not require internet access, is not provided as part of a two-way audiovisual platform, and allows participants to dial a telephone number to listen and verbally participate. (9) "Webcasting" means a streaming video broadcast online or on television, using streaming media technology to distribute a single content source to many simultaneous listeners and viewers. (k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. Section 54953.1. Grand jury testimony The provisions of this chapter shall not be construed to prohibit the members of the legislative body of a local agency from giving testimony in private before a grand jury, either as individuals or as a body. Section 54953.2. Meetings to conform to Americans with Disabilities Act All meetings of a legislative body of a local agency that are open and public shall meet the protections and prohibitions contained in Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Section 54953.3. Registration of attendance A member of the public shall not be required, as a condition to attendance at a meeting of a legislative body of a local agency, to register his or her name, to provide other information, to complete a questionnaire or otherwise to fulfill any condition precedent to his or her attendance. If an attendance list, register, questionnaire or other similar document is posted at or near the entrance to the room where the meeting is to be held or is circulated to the persons present during the meeting, it shall state clearly that the signing, registering or completion of the document is voluntary and that all persons may attend the meeting regardless of whether a person signs, registers or completes the document. Section 54953.5. Recording proceedings (a) Any person attending an open and public meeting of a legislative body of a local agency shall have the right to record the proceedings with an audio or video recorder or a still or motion picture camera in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, Ralph M. Brown Act Page 38 2764673 Text of the Ralph M. Brown Act illumination or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. (b) Any audio or video recording of an open and public meeting made for whatever purpose by, or at the direction of the local agency, shall be subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30 days after the recording. Any inspection of an audio or video recording shall be provided without charge on equipment made available by the local agency. Section 54953.6. Restrictions on broadcasts of proceedings No legislative body of a local agency shall prohibit or otherwise restrict the broadcast of its open and public meetings in the absence of a reasonable finding that the broadcast cannot be accomplished without noise, illumination or obstruction of view that would constitute a persistent disruption of the proceedings. Section 54953.7. Access to meetings beyond minimal standards Notwithstanding any other provision of law, legislative bodies of local agencies may impose requirements upon themselves which allow greater access to their meetings than prescribed by the minimal standards set forth in this chapter. In addition thereto, an elected legislative body of a local agency may impose such requirements on those appointed legislative bodies of the local agency of which all or a majority of the members are appointed by or under the authority of the elected legislative body. Section 54954. Rules for conduct of business; Time and place of meetings (a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide by ordinance, resolution, bylaws or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body. (b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exercises jurisdiction, except to do any of the following: (1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party. (2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction, provided that the topic of the meeting is limited to items directly related to the real or personal property. Ralph M. Brown Act Page 39 2764673 Text of the Ralph M. Brown Act (3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency's jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter. (4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. (6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. (7) Visit the office of the local agency's legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs. (c) Meetings of the governing board of a school district shall be held within the district, except under the circumstances enumerated in subdivision (b) or to do any of the following: (1) Attend a conference on non -adversarial collective bargaining techniques. (2) Interview members of the public residing in another district with reference to the trustees' potential employment of an applicant for the position of the superintendent of the district. (3) Interview a potential employee from another district. (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961. (e) If, by reason of fire, flood, earthquake or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time. Ralph M. Brown Act Page 40 2764673 Text of the Ralph M. Brown Act Section 54954.1. Request for notice; Renewal; Fee Any person may request that a copy of the agenda, or a copy of all the documents constituting the agenda packet, of any meeting of a legislative body be mailed to that person. If a local agency has an internet website, the legislative body or its designee shall email a copy of, or website link to, the agenda or a copy of all the documents constituting the agenda packet if the person requests that the item or items be delivered by email. If the local agency determines it is technologically infeasible to send a copy of all documents constituting the agenda packet or a link to a website that contains the documents by email or by other electronic means, the legislative body or its designee shall send by mail a copy of the agenda or a website link to the agenda and mail a copy of all other documents constituting the agenda packet in accordance with the mailing requirements established pursuant to this section. If requested, the agenda and documents in the agenda packet shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Upon receipt of the written request, the legislative body or its designee shall cause the requested materials to be mailed at the time the agenda is posted pursuant to Section 54954.2 and 54956 or upon distribution to all, or a majority of all, of the members of a legislative body, whichever occurs first. Any request for mailed copies of agendas or agenda packets shall be valid for the calendar year in which it is filed, and must be renewed following January 1 of each year. The legislative body may establish a fee for mailing the agenda or agenda packet, which fee shall not exceed the cost of providing the service. Failure of the requesting person to receive the agenda or agenda packet pursuant to this section shall not constitute grounds for invalidation of the actions of the legislative body taken at the meeting for which the agenda or agenda packet was not received. Section 54954.2. Posting of agenda; Actions not on agenda (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency's Internet Web site, if the local agency has one. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof. The agenda shall include information regarding how, to whom and when a request for disability -related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. Ralph M. Brown Act Page 41 2764673 Text of the Ralph M. Brown Act (2) For a meeting occurring on and after January 1, 2019 of a legislative body of a city, county, city and county, special district, school district or political subdivision established by the state that has an Internet Web site, the following provisions shall apply: (A) An online posting of an agenda shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district or political subdivision established by the state that is accessible through a prominent, direct link to the current agenda. The direct link to the agenda shall not be in a contextual menu; however, a link in addition to the direct link to the agenda may be accessible through a contextual menu. (B) An online posting of an agenda including, but not limited to, an agenda posted in an integrated agenda management platform shall be posted in an open format that meets all of the following requirements: (i) Retrievable, downloadable, indexable and electronically searchable by commonly used Internet search applications. (ii) Platform independent and machine readable. (iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda. (C) A legislative body of a city, county, city and county, special district, school district or political subdivision established by the state that has an Internet Web site and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met: (i) A direct link to the integrated agenda management platform shall be posted on the primary Internet Web site homepage of a city, county, city and county, special district, school district or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an Internet Web site with the agendas of the legislative body of a city, county, city and county, special district, school district or political subdivision established by the state. (ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform. Ralph M. Brown Act Page 42 2764673 Text of the Ralph M. Brown Act (iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii) and (iii) of subparagraph (B)• (D) For the purposes of this paragraph, both of the following definitions shall apply: (i) "Integrated agenda management platform" means an Internet Web site of a city, county, city and county, special district, school district or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district or political subdivision established by the state to the public. (ii) "Legislative body" has the same meaning as that term is used in subdivision (a) of Section 54952. (E) The provisions of this paragraph shall not apply to a political subdivision of a local agency that was established by the legislative body of the city, county, city and county, special district, school district or political subdivision established by the state. (3) No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists as defined in Section 54956.5. (2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a). Ralph M. Brown Act Page 43 2764673 Text of the Ralph M. Brown Act (3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (4) To consider action on a request from a member to participate in a meeting remotely due to emergency circumstances, pursuant to Section 54953, if the request does not allow sufficient time to place the proposed action on the posted agenda for the meeting for which the request is made. The legislative body may approve such a request by a majority vote of the legislative body. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. (d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. (e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. Section 54954.3. Public testimony at regular meetings (a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body's consideration of the item that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision (b) of Section 54954.2. However, the agenda need not provide an opportunity for members of the public to address the legislative body on any item that has already been considered by a committee, composed exclusively of members of the legislative body at a public meeting wherein all interested members of the public were afforded the opportunity to address the committee on the item, before or during the committee's consideration of the item, unless the item has been substantially changed since the committee heard the item, as determined by the legislative body. Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item. (b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, Ralph M. Brown Act Page 44 2764673 Text of the Ralph M. Brown Act regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. (2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body of a local agency. (3) Paragraph (2) shall not apply if the legislative body of a local agency utilizes simultaneous translation equipment in a manner that allows the legislative body of a local agency to hear the translated public testimony simultaneously. (c) The legislative body of a local agency shall not prohibit public criticism of the policies, procedures, programs or services of the agency or of the acts or omissions of the legislative body. Nothing in this subdivision shall confer any privilege or protection for expression beyond that otherwise provided by law. Section 54954.4. Legislative findings and declarations relating to reimbursements; Legislative intent; Review of claims (a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of the Statutes of 1986 authorizing reimbursement to local agencies and school districts for costs mandated by the state pursuant to that act, shall be interpreted strictly. The intent of the Legislature is to provide reimbursement for only those costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986. (b) In this regard, the Legislature directs all state employees and officials involved in reviewing or authorizing claims for reimbursement or otherwise participating in the reimbursement process, to rigorously review each claim and authorize only those claims, or parts thereof, which represent costs which are clearly and unequivocally incurred as the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986 and for which complete documentation exists. For purposes of Section 54954.2, costs eligible for reimbursement shall only include the actual cost to post a single agenda for any one meeting. (c) The Legislature hereby finds and declares that complete, faithful and uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of overriding public importance. Unless specifically stated, no future Budget Act or related budget enactments, shall, in any manner, be interpreted to suspend, eliminate or otherwise modify the legal obligation and duty of local agencies to fully comply with Chapter 641 of the Statutes of 1986 in a complete, faithful and uninterrupted manner. Ralph M. Brown Act Page 45 2764673 Text of the Ralph M. Brown Act Section 54954.5. Description of closed session items For purposes of describing closed session items pursuant to Section 54954.2, the agenda may describe closed sessions as provided below. No legislative body or elected official shall be in violation of Section 54954.2 or 54956 if the closed session items were described in substantial compliance with this section. Substantial compliance is satisfied by including the information provided below, irrespective of its format. (a) With respect to a closed session held pursuant to Section 54956.7: LICENSE/PERMIT DETERMINATION Applicant(s): (Specify number of applicants) (b) With respect to every item of business to be discussed in closed session pursuant to Section 54956.8: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: (Specify street address, or if no street address, the parcel number or other unique reference of the real property under negotiation) Agency negotiator: (Specify names of negotiators attending the closed session) (If circumstances necessitate the absence of a specified negotiator, an agent or designee may participate in place of the absent negotiator so long as the name of the agent or designee is announced at an open session held prior to the closed session.) Negotiating parties: (Specify name of party (not agent)) Under negotiation: (Specify whether instruction to negotiator will concern price, terms of payment or both) (c) With respect to every item of business to be discussed in closed session pursuant to Section 54956.9: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: (Specify by reference to claimant's name, names of parties, case or claim numbers) or Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations) CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Ralph M. Brown Act Page 46 2764673 Text of the Ralph M. Brown Act Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to paragraphs (2) to (5), inclusive of subdivision (e) of Section 54956.9.) Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Specify number of potential cases) (d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95: LIABILITY CLAIMS Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name) (e) With respect to every item of business to be discussed in closed session pursuant to Section 54957: THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title) PUBLIC EMPLOYEE APPOINTMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYMENT Title: (Specify description of position to be filled) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: (Specify position title of employee being reviewed) PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6: Ralph M. Brown Act Page 47 2764673 Text of the Ralph M. Brown Act CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: (Specify names of designated representatives attending the closed session). (If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session) Employee organization: (Specify name of organization representing employee or employees in question) or Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) (g) With respect to closed sessions called pursuant to Section 54957.8: CASE REVIEW/PLANNING (No additional information is required in connection with a closed session to consider case review or planning) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106 and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code: REPORT INVOLVING TRADE SECRET Discussion will concern: (Specify whether discussion will concern proposed new service, program or facility) Estimated date of public disclosure: (Specify month and year) HEARINGS Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee) (i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86: CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with a closed session to discuss a charge or complaint pursuant to Section 54956.86) Ralph M. Brown Act Page 48 2764673 Text of the Ralph M. Brown Act (j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96: CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name) Discussion will concern: (Specify closed session description used by the joint powers agency) Name of local agency representative on joint powers agency board: (Specify name) (Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives) (k) With respect to every item of business to be discussed in closed session pursuant to Section 54956.75: AUDIT BY CALIFORNIA STATE AUDITOR'S OFFICE Section 54954.6. Public meeting on general tax or assessment; Notice (a) (1) Before adopting any new or increased general tax or any new or increased assessment, the legislative body of a local agency shall conduct at least one public meeting at which local officials shall allow public testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment. For purposes of this section, the term "new or increased assessment" does not include any of the following: (A) A fee that does not exceed the reasonable cost of providing the services, facilities or regulatory activity for which the fee is charged. (B) A service charge, rate or charge, unless a special district's principal act requires the service charge, rate or charge to conform to the requirements of this section. (C) An ongoing annual assessment if it is imposed at the same or lower amount as any previous year. (D) An assessment that does not exceed an assessment formula or range of assessments previously specified in the notice given to the public pursuant to subparagraph (G) of paragraph (2) of subdivision (c) and that was previously adopted by the agency or approved by the voters in the area where the assessment is imposed. (E) Standby or immediate availability charges. Ralph M. Brown Act Page 49 2764673 Text of the Ralph M. Brown Act (2) The legislative body shall provide at least 45 days' public notice of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the same time and in the same document as the notice for the public hearing, but the meeting shall occur prior to the hearing. (b) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least one -eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first- class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting after the meeting has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days after the first publication of the joint notice pursuant to this subdivision. Any written request for mailed notices shall be effective for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service. (2) The notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) The amount or rate of the tax. If the tax is proposed to be increased from any previous year, the joint notice shall separately state both the existing tax rate and the proposed tax rate increase. (B) The activity to be taxed. (C) The estimated amount of revenue to be raised by the tax annually. (D) The method and frequency for collecting the tax. (E) The dates, times and locations of the public meeting and hearing described in subdivision (a). (F) The telephone number and address of an individual, office or organization that interested persons may contact to receive additional information about the tax. (c) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased assessment on real property or businesses shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public meeting Ralph M. Brown Act Page 50 2764673 Text of the Ralph M. Brown Act pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 10-point type and shall be given to all property owners or business owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized county assessment roll, the State Board of Equalization assessment roll or the local agency's records pertaining to business ownership, as the case may be. (2) The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following: (A) In the case of an assessment proposed to be levied on property, the estimated amount of the assessment per parcel. In the case of an assessment proposed to be levied on businesses, the proposed method and basis of levying the assessment in sufficient detail to allow each business owner to calculate the amount of assessment to be levied against each business. If the assessment is proposed to be increased from any previous year, the joint notice shall separately state both the amount of the existing assessment and the proposed assessment increase. (B) A general description of the purpose or improvements that the assessment will fund. (C) The address to which property owners may mail a protest against the assessment. (D) The telephone number and address of an individual, office or organization that interested persons may contact to receive additional information about the assessment. (E) A statement that a majority protest will cause the assessment to be abandoned if the assessment act used to levy the assessment so provides. Notice shall also state the percentage of protests required to trigger an election, if applicable. (F) The dates, times and locations of the public meeting and hearing described in subdivision (a). (G) A proposed assessment formula or range as described in subparagraph (D) of paragraph (1) of subdivision (a) if applicable and that is noticed pursuant to this section. (3) Notwithstanding paragraph (1), in the case of an assessment that is proposed exclusively for operation and maintenance expenses imposed throughout the entire local agency or exclusively for operation and maintenance assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant to this subdivision or pursuant to paragraph (1) of subdivision (b) and shall include the estimated amount of the assessment of various types, amounts or uses of property and the Ralph M. Brown Act Page 51 2764673 Text of the Ralph M. Brown Act information required by subparagraphs (B) to (G), inclusive, of paragraph (2) of subdivision (c). (4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, regional park and open -space district or regional open -space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of the Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b). (d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong the governmental decision making process. (e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an election of either of the following: (1) The property owners subject to the assessment. (2) The voters within the local agency imposing the tax or assessment. (f) Nothing in this section shall prohibit a local agency from holding a consolidated meeting or hearing at which the legislative body discusses multiple tax or assessment proposals. (g) The local agency may recover the reasonable costs of public meetings, public hearings and notice required by this section from the proceeds of the tax or assessment. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the public meetings, public hearings and notice. (h) Any new or increased assessment that is subject to the notice and hearing provisions of Article XIII C or XIII D of the California Constitution is not subject to the notice and hearing requirements of this section. Section 54955. Adjournment of meetings The legislative body of a local agency may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting, the clerk or secretary of the legislative body may declare the meeting adjourned to a stated time and place and he or she shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned Ralph M. Brown Act Page 52 2764673 Text of the Ralph M. Brown Act regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw or other rule. Section 54955.1. Continuance of hearing Any hearing being held, or noticed or ordered to be held by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or re - continued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. Section 54956. Special meetings; call; notice; meetings regarding local agency executive salaries, salary schedules or compensation in form of fringe benefits; posting on Internet Web site (a) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency's Internet Web site, if the local agency has one. The notice shall be delivered personally or by any other means and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public. (b) Notwithstanding any other law, a legislative body shall not call a special meeting regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1. However, this subdivision does not apply to a local agency calling a special meeting to discuss the local agency's budget. Ralph M. Brown Act Page 53 2764673 Text of the Ralph M. Brown Act (c) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency's Internet Web site, if the local agency has one, shall only apply to a legislative body that meets either of the following standards: (1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one or more of the members of the legislative body are also members of a legislative body as that term is defined by subdivision (a) of Section 54952. Section 54956.5. Emergency meetings; Notice (a) For purposes of this section, "emergency situation" means both of the following: (1) An emergency, which shall be defined as a work stoppage, crippling activity or other activity that severely impairs public health, safety or both, as determined by a majority of the members of the legislative body. (2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist act or threatened terrorist activity that poses peril so immediate and significant that requiring a legislative body to provide one -hour notice before holding an emergency meeting under this section may endanger the public health, safety or both, as determined by a majority of the members of the legislative body. (b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities, a legislative body may hold an emergency meeting without complying with either the 24-hour notice requirement or the 24-hour posting requirement of Section 54956, or both, of the notice and posting requirements. (2) Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of the legislative body or designee thereof, one hour prior to the emergency meeting, or, in the case of a dire emergency, at or near the time that the presiding officer or designee notifies the members of the legislative body of the emergency meeting. This notice shall be given by telephone and all telephone numbers provided in the most recent request of a newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this section shall be deemed waived and the legislative body or designee of the legislative body, shall notify those newspapers, radio stations or television stations of the fact of the holding of the emergency meeting, the purpose of the meeting and any action taken at the meeting as soon after the meeting as possible. (c) During a meeting held pursuant to this section, the legislative body may meet in closed session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present. Ralph M. Brown Act Page 54 2764673 Text of the Ralph M. Brown Act (d) All special meeting requirements as prescribed in Section 54956, shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. (e) The minutes of a meeting called pursuant to this section, a list of person(s) who is the presiding officer of the legislative body or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. Section 54956.6. Fees No fees may be charged by the legislative body of a local agency for carrying out any provision of this chapter, except as specifically authorized by this chapter. Section 54956.7. Closed sessions regarding application from person with criminal record Whenever a legislative body of a local agency determines that it is necessary to discuss and determine whether an applicant for a license or license renewal, who has a criminal record is sufficiently rehabilitated to obtain the license, the legislative body may hold a closed session with the applicant and the applicant's attorney, if any, for the purpose of holding the discussion and making the determination. If the legislative body determines, as a result of the closed session, that the issuance or renewal of the license should be denied, the applicant shall be offered the opportunity to withdraw the application. If the applicant withdraws the application, no record shall be kept of the discussions or decisions made at the closed session and all matters relating to the closed session shall be confidential. If the applicant does not withdraw the application, the legislative body shall take action at the public meeting during which the closed session is held or at its next public meeting denying the application for the license, but all matters relating to the closed session are confidential and shall not be disclosed without the consent of the applicant, except in an action by an applicant who has been denied a license challenging the denial of the license. Section 54956.75. Closed session for response to final draft audit report (a) Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency that has received a confidential final draft audit report from the Bureau of State Audits from holding closed sessions to discuss its response to that report. (b) After the public release of an audit report by the Bureau of State Audits, if a legislative body of a local agency meets to discuss the audit report, it shall do so in an open session unless exempted from that requirement by some other provision of law. Section 54956.8. Closed sessions regarding real property negotiations Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange or Ralph M. Brown Act Page 55 2764673 Text of the Ralph M. Brown Act lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange or lease. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern and the person or persons with whom its negotiators may negotiate. For purposes of this section, negotiators may be members of the legislative body of the local agency. For purposes of this section, "lease" includes renewal or renegotiation of a lease. Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9. Section 54956.81. Closed sessions regarding purchase or sale of pension fund investments Notwithstanding any other provision of this chapter, a legislative body of a local agency that invests pension funds may hold a closed session to consider the purchase or sale of particular specific pension fund investments. All investment transaction decisions made during the closed session shall be made by rollcall vote entered into the minutes of the closed session as provided in subdivision (a) of Section 54957.2. Section 54956.86. Closed session for health plan member Notwithstanding any other provision of this chapter, a legislative body of a local agency which provides services pursuant to Section 14087.3 of the Welfare and Institutions Code may hold a closed session to hear a charge or complaint from a member enrolled in its health plan if the member does not wish to have his or her name, medical status or other information that is protected by federal law publicly disclosed. Prior to holding a closed session pursuant to this section, the legislative body shall inform the member, in writing, of his or her right to have the charge or complaint heard in an open session rather than a closed session. Section 54956.87. Disclosure of records and information; Meetings in closed session (a) Notwithstanding any other provision of this chapter, the records of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system or records in any other form, that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulas or calculations for these payments and contract negotiations with providers of health care for alternative rates are exempt from disclosure for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form to the board Ralph M. Brown Act Page 56 2764673 Text of the Ralph M. Brown Act of supervisors shall not constitute a waiver of exemption from disclosure and the records and information once transmitted to the board of supervisors shall be subject to this same exemption. (b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (f), shall be held in closed session. The requirements of making a public report of action taken in closed session and the vote or abstention of every member present, may be limited to a brief general description without the information constituting the trade secret. (c) Notwithstanding any other provision of law, the governing board of a health plan may meet in closed session to consider and take action on matters pertaining to contracts and contract negotiations by the health plan with providers of health care services concerning all matters related to rates of payment. The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request. (d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law. (e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Managed Health Care in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and Safety Code. (f) For purposes of this section, "health plan trade secret" means a trade secret, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that also meets both of the following criteria: (1) The secrecy of the information is necessary for the health plan to initiate a new service, program, marketing strategy, business plan or technology, or to add a benefit or product. (2) Premature disclosure of the trade secret would create a substantial probability of depriving the health plan of a substantial economic benefit or opportunity. Section 54956.9. Closed sessions concerning pending litigation; Lawyer -client privilege (a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer Ralph M. Brown Act Page 57 2764673 Text of the Ralph M. Brown Act with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation. (b) For purposes of this chapter, all expressions of the lawyer -client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer -client privilege for purposes of conducting closed -session meetings pursuant to this chapter. (c) For purposes of this section, "litigation" includes any adjudicatory proceeding, including eminent domain, before a court or administrative body exercising its adjudicatory authority, hearing officer or arbitrator. (d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist: Litigation, to which the local agency is a party, has been initiated formally. (2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel based on existing facts and circumstances, there is a significant exposure to litigation against the local agency. (3) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (2). (4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. (e) For purposes of paragraphs (2) and (3) of subdivision (d), "existing facts and circumstances" shall consist only of one of the following: (1) Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. (2) Facts and circumstances, including, but not limited to, an accident, disaster, incident or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced. (3) The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5. (4) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body. Ralph M. Brown Act Page 58 2764673 Text of the Ralph M. Brown Act (5) A statement threatening litigation made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body, so long as the official or employee of the local agency receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which record shall be available for public inspection pursuant to Section 54957.5. The records so created need not identify the alleged victim of unlawful or tortious sexual conduct or anyone making the threat on their behalf, or identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based, unless the identity of the person has been publicly disclosed. (f) Nothing in this section shall require disclosure of written communications that are privileged and not subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1). (g) Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on the agenda or publicly announce the paragraph of subdivision (d) that authorizes the closed session. If the session is closed pursuant to paragraph (1) of subdivision (d), the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency's ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (h) A local agency shall be considered to be a "party" or to have a "significant exposure to litigation" if an officer or employee of the local agency is a party or has significant exposure to litigation concerning prior or prospective activities or alleged activities during the course and scope of that office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment. Section 54956.95. Closed sessions regarding liability (a) Nothing in this chapter shall be construed to prevent a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 for purposes of insurance pooling, or a local agency member of the joint powers agency from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses or workers' compensation liability incurred by the joint powers agency or a local agency member of the joint powers agency. (b) Nothing in this chapter shall be construed to prevent the Local Agency Self - Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01) of Division 7 of Title 1, or a local agency member of the authority, from holding a closed session to discuss a claim for the payment of tort liability losses, public liability losses or workers' compensation liability incurred by the authority or a local agency member of the authority. (c) Nothing in this section shall be construed to affect Section 54956.9 with respect to any other local agency. Ralph M. Brown Act Page 59 2764673 Text of the Ralph M. Brown Act Section 54956.96. Disclosure of specified information in closed session of joint powers agency, Clean Power Alliance of Southern California; Authorization of designated alternate to attend closed session; Closed session of legislative body of local agency member (a) Nothing in this chapter shall be construed to prevent the legislative body of a joint powers agency formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1, from adopting a policy or a bylaw, or including in its joint powers agreement provisions that authorize either or both of the following: (1) All information received by the legislative body of the local agency member in a closed session related to the information presented to the joint powers agency in closed session shall be confidential. However, a member of the legislative body of a local agency member may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals: (A) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (B) Other members of the legislative body of the local agency present in a closed session of that local agency member. (2) Any designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member's regularly appointed member to attend closed sessions of the joint powers agency. (b) (1) In addition to the authority described in subdivision (a), the Clean Power Alliance of Southern California or its successor entity, may adopt a policy or a bylaw or include in its joint powers agreement a provision that authorizes both of the following: (A) A designated alternate member of the legislative body of the Clean Power Alliance of Southern California or its successor entity, who is not a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the Clean Power Alliance of Southern California or its successor entity, in lieu of a local agency member's regularly appointed member to attend closed sessions of the Clean Power Alliance of Southern California or its successor entity. (B) All information that is received by a designated alternate member of the legislative body of the Clean Power Alliance of Southern California or its successor entity, who is not a member of the legislative body of a local agency member and that is presented to the Clean Power Alliance of Southern California or its successor entity, in closed session, shall be confidential. However, the designated alternate member may disclose information obtained in a closed session that has direct financial or liability Ralph M. Brown Act Page 60 2764673 Text of the Ralph M. Brown Act implications for the local agency member for which the designated alternate member attended the closed session, to the following individuals: (i) Legal counsel of that local agency member for purposes of obtaining advice on whether the matter has direct financial or liability implications for that local agency member. (ii) Members of the legislative body of the local agency present in a closed session of that local agency member. (2) If the Clean Power Alliance of Southern California or its successor entity, adopts a policy or bylaw or includes in its joint powers agreement a provision authorized pursuant to paragraph (1), the Clean Power Alliance of Southern California or its successor entity, shall establish policies to prevent conflicts of interest and to address breaches of confidentiality that apply to a designated alternate member who is not a member of the legislative body of a local agency member who attends a closed session of the Clean Power Alliance of Southern California or its successor entity. (c) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a) or (b), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b). (d) This section shall remain in effect only until January 1, 2025 and as of that date is repealed. Section 54956.97. Public bank; governing board or committee of governing board; closed session Notwithstanding any provision of law, the governing board or a committee of the governing board of a public bank, as defined in Section 57600 of the Government Code, may meet in closed session to consider and take action on matters pertaining to all of the following: (a) A loan or investment decision. (b) A decision of the internal audit committee, the compliance committee or the governance committee. (c) A meeting with a state or federal regulator. Ralph M. Brown Act Page 61 2764673 Text of the Ralph M. Brown Act Section 54956.98. Public bank; policy or bylaw; information from a closed session considered confidential (a) For purposes of this section, the following definitions shall apply: (1) "Shareholder, member, or owner local agency" or "shareholder, member, or owner" means a local agency that is a shareholder of a public bank. (2) "Public bank" has the same meaning as defined in Section 57600. (b) The governing board of a public bank may adopt a policy or a bylaw or include in its governing documents provisions that authorize any of the following: (1) All information received by a shareholder, member or owner of the public bank in a closed session related to the information presented to the governing board of a public bank in closed session shall be confidential. However, a member of the governing board of a shareholder, member or owner local agency may disclose information obtained in a closed session that has direct financial or liability implications for that local agency to the following individuals: (A) Legal counsel of that shareholder, member or owner local agency for purposes of obtaining advice on whether the matter has direct financial or liability implications for that shareholder local agency. (B) Other members of the governing board of the local agency present in a closed session of that shareholder, member or owner local agency. (2) A designated alternate member of the governing board of the public bank who is also a member of the governing board of a shareholder, member or owner of the local agency and who is attending a properly noticed meeting of the public bank governing board in lieu of a shareholder, member or owner of the local agency's regularly appointed member may attend a closed session of the public bank governing board. (c) If the governing board of a public bank adopts a policy or a bylaw or includes provisions in its governing documents pursuant to subdivision (b), then the governing board of the shareholder, member or owner of the local agency, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss and take action concerning information obtained in a closed session of the public bank governing board pursuant to paragraph (1) of subdivision (b). Section 54957. Closed session regarding public security, facilities, employees, examination of witness (a) This chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff or chief of police, or their respective deputies or a security consultant or a security operations manager, on matters posing a threat to the Ralph M. Brown Act Page 62 2764673 Text of the Ralph M. Brown Act security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service and electric service, or a threat to the public's right of access to public services or public facilities. (b) (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session. (2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void. (3) The legislative body also may exclude from the public or closed meeting during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body. (4) For the purposes of this subdivision, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee but shall not include any elected official, member of a legislative body or other independent contractors. This subdivision shall not limit local officials' ability to hold closed session meetings pursuant to Sections 1461, 32106 and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline. Section 54957.1. Public report of action taken in closed session; Form; Availability; Actions for injury to interests (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows: (1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as follows: (A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held. Ralph M. Brown Act Page 63 2764673 Text of the Ralph M. Brown Act (B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person as soon as the other party or its agent has informed the local agency of its approval. (2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency's ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage. (3) Approval given to its legal counsel of a settlement of pending litigation, as defined in Section 54956.9, at any stage prior to or during a judicial or quasi-judicial proceeding shall be reported after the settlement is final, as follows: (A) If the legislative body accepts a settlement offer signed by the opposing party, the body shall report its acceptance and identify the substance of the agreement in open session at the public meeting during which the closed session is held. (B) If final approval rests with some other party to the litigation or with the court, then as soon as the settlement becomes final and upon inquiry by any person, the local agency shall disclose the fact of that approval and identify the substance of the agreement. (4) Disposition reached as to claims discussed in closed session pursuant to Section 54956.95 shall be reported as soon as reached in a manner that identifies the name of the claimant, the name of the local agency claimed against, the substance of the claim and any monetary amount approved for payment and agreed upon by the claimant. (5) Action taken to appoint, employ, dismiss, accept the resignation of or otherwise affect the employment status of a public employee in closed session pursuant to Section 54957 shall be reported at the public meeting during which the closed session is held. Any report required by this paragraph shall identify the title of the position. The general requirement of this paragraph notwithstanding, the report of a dismissal or of the nonrenewal of an employment contract shall be deferred until the first public meeting following the exhaustion of administrative remedies, if any. (6) Approval of an agreement concluding labor negotiations with represented employees pursuant to Section 54957.6 shall be reported after the agreement is final and Ralph M. Brown Act Page 64 2764673 Text of the Ralph M. Brown Act has been accepted or ratified by the other party. The report shall identify the item approved and the other party or parties to the negotiation. (7) Pension fund investment transaction decisions made pursuant to Section 54956.81 shall be disclosed at the first open meeting of the legislative body held after the earlier of the close of the investment transaction or the transfer of pension fund assets for the investment transaction. (b) Reports that are required to be made pursuant to this section may be made orally or in writing. The legislative body shall provide to any person who has submitted a written request to the legislative body within 24 hours of the posting of the agenda, or to any person who has made a standing request for all documentation as part of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester is present at the time the closed session ends, copies of any contracts, settlement agreements or other documents that were finally approved or adopted in the closed session. If the action taken results in one or more substantive amendments to the related documents requiring retyping, the documents need not be released until the retyping is completed during normal business hours, provided that the presiding officer of the legislative body or his or her designee orally summarizes the substance of the amendments for the benefit of the document requester or any other person present and requesting the information. (c) The documentation referred to in subdivision (b) shall be available to any person on the next business day following the meeting in which the action referred to is taken or, in the case of substantial amendments, when any necessary retyping is complete. (d) Nothing in this section shall be construed to require that the legislative body approve actions not otherwise subject to legislative body approval. (e) No action for injury to a reputational, liberty or other personal interest may be commenced by or on behalf of any employee or former employee with respect to whom a disclosure is made by a legislative body in an effort to comply with this section. (f) This section is necessary to implement, and reasonably within the scope of, paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution. Section 54957.2. Minute book for closed sessions (a) The legislative body of a local agency may, by ordinance or resolution, designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting. The minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be kept confidential. The minute book shall be available only to members of the legislative body or, if a violation of this chapter is alleged to have occurred at a closed session, to a court of general jurisdiction wherein the local agency lies. Such minute book may, but need not, consist of a recording of the closed session. Ralph M. Brown Act Page 65 2764673 Text of the Ralph M. Brown Act (b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a). Section 54957.5. Agendas and other writings as public records (a) Agendas of public meetings are disclosable public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be made available upon request without delay and in compliance with Section 54954.2 or Section 54956, as applicable. However, this section shall not apply to a writing, or portion thereof, that is exempt from public disclosure. (b) (1) If a writing is a public record related to an agenda item for an open session of a regular meeting of the legislative body of a local agency and is distributed to all, or a majority of all, of the members of a legislative body of a local agency by a person in connection with a matter subject to a discussion or consideration at an open meeting of the body less than 72 hours before that meeting, the writing shall be made available for public inspection pursuant to paragraph (2) at the time the writing is distributed to all, or a majority of all, of the members of the body. (2) (A) Except as provided in subparagraph (B), a local agency shall comply with both of the following requirements: (i) A local agency shall make any writing described in paragraph (1) available for public inspection at a public office or location that the agency shall designate for this purpose. (ii) A local agency shall list the address of the office or location designated pursuant to clause (i) on the agendas for all meetings of the legislative body of that agency. (B) A local agency shall not be required to comply with the requirements of subparagraph (A) if all of the following requirements are met: (i) An initial staff report or similar document containing an executive summary and the staff recommendation, if any, relating to that agenda item is made available for public inspection at the office or location designated pursuant to clause (i) of subparagraph (A) at least 72 hours before the meeting. (ii) The local agency immediately posts any writing described in paragraph (1) on the local agency's Internet Website in a position and manner that makes it clear that the writing relates to an agenda item for an upcoming meeting. (iii) The local agency lists the web address of the local agency's internet website on the agendas for all meetings of the legislative body of that agency. (iv) (1) Subject to subclause (11), the local agency makes physical copies available for public inspection, beginning the next regular business hours Ralph M. Brown Act Page 66 2764673 Text of the Ralph M. Brown Act for the local agency, at the office or location designated pursuant to clause (i) of subparagraph (A). (II) This clause is satisfied only if the next regular business hours of the local agency commence at least 24 hours before that meeting. (c) Writings that are public records described in subdivision (b) and distributed during a public meeting shall be made available for public inspection at the meeting if prepared by the local agency or a member of its legislative body, or after the meeting if prepared by some other person. These writings shall be made available in appropriate alternative formats upon request by a person with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof. (d) This chapter shall not be construed to prevent the legislative body of a local agency from charging a fee or deposit for a copy of a public record pursuant to Section 7922.530, except that a surcharge shall not be imposed on persons with disabilities in violation of Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof. (e) This section shall not be construed to limit or delay the public's right to inspect or obtain a copy of any record required to be disclosed under the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), including, but not limited to, the ability of the public to inspect public records pursuant to Section 7922.525 and obtain copies of public records pursuant to either subdivision (b) of Section 7922.53 or Section 7922.535. This chapter shall not be construed to require a legislative body of a local agency to place any paid advertisement or any other paid notice in any publication. Section 54957.6. Closed sessions regarding employee matters (a) Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation. However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its designated representatives. Closed sessions of a legislative body of a local agency, as permitted in this section, shall be for the purpose of reviewing its position and instructing the local agency's designated representatives. Closed sessions, as permitted in this section, may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees. Ralph M. Brown Act Page 67 2764673 Text of the Ralph M. Brown Act Closed sessions with the local agency's designated representative regarding the salaries, salary schedules or compensation paid in the form of fringe benefits may include discussion of an agency's available funds and funding priorities, but only insofar as these discussions relate to providing instructions to the local agency's designated representative. Closed sessions held pursuant to this section shall not include final action on the proposed compensation of one or more unrepresented employees. For the purposes enumerated in this section, a legislative body of a local agency may also meet with a state conciliator who has intervened in the proceedings. (b) For the purposes of this section, the term "employee" shall include an officer or an independent contractor who functions as an officer or an employee, but shall not include any elected official, member of a legislative body or other independent contractors. Section 54957.7. Disclosure of items to be discussed at closed session (a) Prior to holding any closed session, the legislative body of the local agency shall disclose in an open meeting, the item or items to be discussed in the closed session. The disclosure may take the form of a reference to the item or items as they are listed by number or letter on the agenda. In the closed session, the legislative body may consider only those matters covered in its statement. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law. (b) After any closed session, the legislative body shall reconvene into open session prior to adjournment and shall make any disclosures required by Section 54957.1 of action taken in the closed session. (c) The announcements required to be made in open session pursuant to this section may be made at the location announced in the agenda for the closed session, as long as the public is allowed to be present at that location for the purpose of hearing the announcements. Section 54957.8. Closed sessions of multijurisdictional drug law enforcement agencies (a) For purposes of this section, "multijurisdictional law enforcement agency" means a joint powers entity formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm; high technology, computer or identity theft; human trafficking; or vehicle theft. (b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law enforcement agency, or an advisory body of a multijurisdictional law enforcement agency, from holding closed sessions to discuss the Ralph M. Brown Act Page 68 2764673 Text of the Ralph M. Brown Act case records of any ongoing criminal investigation of the multijurisdictional law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation and to discuss courses of action in particular cases. Section 54957.9. Authorization to clear room where meeting willfully interrupted; Readmission In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the legislative body conducting the meeting may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the legislative body from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting. Section 54957.95 Removal of Disruptive Individuals (a) (1) In addition to authority exercised pursuant to Sections 54954.3 and 54957.9, the presiding member of the legislative body conducting a meeting or their designee may remove, or cause the removal of, an individual for disrupting the meeting. (2) Prior to removing an individual, the presiding member or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding member or their designee may then remove the individual if they do not promptly cease their disruptive behavior. This paragraph does not apply to any behavior described in subparagraph (B) of paragraph (1) of subdivision (b). (b) As used in this section: (1) "Disrupting" means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to Section 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force. (2)"True threat of force" means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. Ralph M. Brown Act Page 69 2764673 Text of the Ralph M. Brown Act Section 54957.10. Closed sessions regarding application for early withdrawal of deferred compensation plan funds Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions to discuss a local agency employee's application for early withdrawal of funds in a deferred compensation plan when the application is based on financial hardship arising from an unforeseeable emergency due to illness, accident, casualty or other extraordinary event, as specified in the deferred compensation plan. Section 54958. Application of chapter The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law. Section 54959. Criminal penalty for violation of chapter Each member of a legislative body who attends a meeting of that legislative body where action is taken in violation of any provision of this chapter, and where the member intends to deprive the public of information to which the member knows, or has reason to know, the public is entitled under this chapter, is guilty of a misdemeanor. Section 54960. Proceeding to prevent violation of chapter; Recording closed sessions; Procedure for discovery of tapes (a) The district attorney or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided. (b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957 or 54957.6, order the legislative body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate. (c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording. (2) The audio recordings shall be subject to the following discovery procedures: Ralph M. Brown Act Page 70 2764673 Text of the Ralph M. Brown Act (A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960 or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following: (i) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the date and time of the meeting recorded and the governmental agency that has custody and control of the recording. (ii) An affidavit that contains specific facts indicating that a violation of the act occurred in the closed session. (3) If the court, following a review of the motion, finds that there is good cause to believe that a violation has occurred, the court may review, in camera, the recording of that portion of the closed session alleged to have violated the act. (4) If, following the in camera review, the court concludes that disclosure of a portion of the recording would be likely to materially assist in the resolution of the litigation alleging violation of this chapter, the court shall, in its discretion, make a certified transcript of the portion of the recording a public exhibit in the proceeding. (5) This section shall not permit discovery of communications that are protected by the attorney -client privilege. Section 54960.1. Proceeding to determine validity of action; Demand for correction (a) The district attorney or any interested person may commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956 or 54956.5 is null and void under this section. Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action challenged pursuant to this section. (b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall make a demand of the legislative body to cure or correct the action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956 or 54956.5. The demand shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation. Ralph M. Brown Act Page 71 2764673 Text of the Ralph M. Brown Act (c) (1) The written demand shall be made within 90 days from the date the action was taken unless the action was taken in an open session but in violation of Section 54954.2, in which case the written demand shall be made within 30 days from the date the action was taken. (2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action. (3) If the legislative body takes no action within the 30-day period, the inaction shall be deemed a decision not to cure or correct the challenged action, and the 15- day period to commence the action described in subdivision (a) shall commence to run the day after the 30-day period to cure or correct expires. (4) Within 15 days of receipt of the written notice of the legislative body's decision to cure or correct, or not to cure or correct, or within 15 days of the expiration of the 30-day period to cure or correct, whichever is earlier, the demanding party shall be required to commence the action pursuant to subdivision (a) or thereafter be barred from commencing the action. (d) An action taken that is alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956 or 54956.5 shall not be determined to be null and void if any of the following conditions exist: (1) The action taken was in substantial compliance with Sections 54953, 54954.2, 54954.5, 54954.6, 54956 and 54956.5. (2) The action taken was in connection with the sale or issuance of notes, bonds, or other evidences of indebtedness or any contract, instrument or agreement thereto. (3) The action taken gave rise to a contractual obligation, including a contract let by competitive bid other than compensation for services in the form of salary or fees for professional services, upon which a party has, in good faith and without notice of a challenge to the validity of the action, detrimentally relied. (4) The action taken was in connection with the collection of any tax. (5) Any person, city, city and county, county, district or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2, Section 54956 or Section 54956.5, because of any defect, error, irregularity or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed pursuant to Section 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to Section 54956.5. Ralph M. Brown Act Page 72 2764673 Text of the Ralph M. Brown Act (e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956 or 54956.5 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (f) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. Section 54960.2 Proceeding to determine the applicability of chapter to past actions of legislative body; Conditions; Cease and desist letter (a) The district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met: (1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation. (2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine months of the alleged violation. (3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c). (4) Within 60 days of receipt of the legislative body's response to the cease and desist letter, other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commencing the action. (b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorneys' fees to the plaintiff in an action brought pursuant to this section in accordance with Section 54960.5. Ralph M. Brown Act Page 73 2764673 Text of the Ralph M. Brown Act (c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form: To The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act: [Describe alleged past action, as set forth in the cease and desist letter submitted pursuant to subdivision (a)] In order to avoid unnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the [name of legislative body] hereby unconditionally commits that it will cease, desist from and not repeat the challenged past action as described above. The [name of legislative body] may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as "Rescission of Brown Act Commitment." You will be provided with written notice, sent by any means or media you provide in response to this message, to whatever address or addresses you specify, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to commence legal action pursuant to subdivision (a) of Section 54960 of the Government Code. That notice will be delivered to you by the same means as this commitment, or may be mailed to an address that you have designated in writing. Very truly yours, [Chairperson or acting chairperson of the legislative body] (2) An unconditional commitment pursuant to this subdivision shall be approved by the legislative body in open session at a regular or special meeting as a separate item of business, and not on its consent agenda. (3) An action shall not be commenced to determine the applicability of this chapter to any past action of the legislative body for which the legislative body has provided an unconditional commitment pursuant to this subdivision. During any action seeking a judicial determination regarding the applicability of this chapter to any past action of the legislative body pursuant to subdivision (a), if the court determines that the legislative body has provided an unconditional commitment pursuant to this subdivision, the action shall be dismissed with prejudice. Nothing in this subdivision shall be construed to modify or limit the existing ability of the district attorney or any interested person to Ralph M. Brown Act Page 74 2764673 Text of the Ralph M. Brown Act commence an action to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body. (4) Except as provided in subdivision (d), the fact that a legislative body provides an unconditional commitment shall not be construed or admissible as evidence of a violation of this chapter. (d) If the legislative body provides an unconditional commitment as set forth in subdivision (c), the legislative body shall not thereafter take or engage in the challenged action described in the cease and desist letter, except as provided in subdivision (e). Violation of this subdivision shall constitute an independent violation of this chapter, without regard to whether the challenged action would otherwise violate this chapter. An action alleging past violation or threatened future violation of this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. (e) The legislative body may resolve to rescind an unconditional commitment made pursuant to subdivision (c) by a majority vote of its membership taken in open session at a regular meeting as a separate item of business not on its consent agenda, and noticed on its posted agenda as "Rescission of Brown Act Commitment," provided that not less than 30 days prior to such regular meeting, the legislative body provides written notice of its intent to consider the rescission to each person to whom the unconditional commitment was made, and to the district attorney. Upon rescission, the district attorney or any interested person may commence an action pursuant to subdivision (a) of Section 54960. An action under this subdivision may be brought pursuant to subdivision (a) of Section 54960, without regard to the procedural requirements of this section. Section 54960.5. Costs and attorneys' fees A court may award court costs and reasonable attorneys' fees to the plaintiff in an action brought pursuant to Section 54960, 54960.1 or 54960.2 where it is found that a legislative body of the local agency has violated this chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that section at any time after the 30-day period for making such a commitment has expired, the court shall award court costs and reasonable attorneys' fees to the plaintiff if the filing of that action caused the legislative body to issue the unconditional commitment. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency. A court may award court costs and reasonable attorneys' fees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. Ralph M. Brown Act Page 75 2764673 Text of the Ralph M. Brown Act Section 54961. Meeting place with discriminatory admission policies; Identification of victim of sexual or child abuse (a) No legislative body of a local agency shall conduct any meeting in any facility that prohibits the admittance of any person or persons, on the basis of ancestry or any characteristic listed or defined in Section 11135, or which is inaccessible to disabled persons, or where members of the public may not be present without making a payment or purchase. This section shall apply to every local agency as defined in Section 54951. (b) No notice, agenda, announcement or report required under this chapter need identify any victim or alleged victim of tortious sexual conduct or child abuse unless the identity of the person has been publicly disclosed. Section 54962. Prohibition against closed sessions except as expressly authorized Except as expressly authorized by this chapter, or by Sections 1461, 1462, 32106 and 32155 of the Health and Safety Code, or by Sections 37606, 37606.1 and 37624.3 of the Government Code as they apply to hospitals, or by any provision of the Education Code pertaining to school districts and community college districts, no closed session may be held by any legislative body of any local agency. Section 54963. Disclosure of confidential information acquired in closed session prohibited; Disciplinary action for violation (a) A person may not disclose confidential information that has been acquired by being present in a closed session authorized by Section 54956.7, 54956.8, 54956.86, 54956.87, 54956.9, 54957, 54957.6, 54957.8 or 54957.10 to a person not entitled to receive it, unless the legislative body authorizes disclosure of that confidential information. (b) For purposes of this section, "confidential information" means a communication made in a closed session that is specifically related to the basis for the legislative body of a local agency to meet lawfully in closed session under this chapter. (c) Violation of this section may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section. (2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section. (3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury. (d) Disciplinary action pursuant to paragraph (2) of subdivision (c) shall require that the employee in question has either received training as to the requirements of this section or otherwise has been given notice of the requirements of this section. Ralph M. Brown Act Page 76 2764673 Text of the Ralph M. Brown Act (e) A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a violation of this section, for doing any of the following: (1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by a legislative body of a local agency. (2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action. (3) Disclosing information acquired by being present in a closed session under this chapter that is not confidential information. (f) Nothing in this section shall be construed to prohibit disclosures under the whistleblower statutes contained in Section 1102.5 of the Labor Code or Article 4.5 (commencing with Section 53296) of Chapter 2 of this code. Ralph M. Brown Act Page 77 2764673 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los Angeles, San Francisco, Orange County, Temecula, the Central Coast, and Sacramento our dedicated team of experts provides the full -scope of public law services. We are the lawyers of choice for clients who seek reliable, efficient, and effective legal counsel. Richards, Watson & Gershon serves as city attorney, special counsel and general counsel to clients of all sizes and demographics. Our attorneys are proficient in areas of law only found in a firm with substantial experience in public agency representation. Local governments count on us for help with their most complex problems. Specialties Include: Administrative Law Airports, Rail & Transit Brown Act Cannabis CEQA Coastal Act Code Enforcement Conflicts of Interest Construction & Public Works Elections Eminent Domain Environment & Natural Resources Housing Labor & Employment Land Use & Planning Litigation Police Practices Public Finance Public Records Act Real Estate & Leasing Rent Control Subdivisions & Zoning Taxes, Fees & Assessments Telecommunications Solid Waste Stormwater Compliance Water Rights & Water Law SECTION 9 (11) Public Records Act o HANDBOOK rI4 Summary of the Major Provisions and Requirements of the Public Records Act and Related Topics Electronic Records ) Text of the Public Records Act ) Updated including changes effective January 1, 2023 Table of Contents INTRODUCTION................................................................................................................................................ii PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT.............................................................1 I. WHAT IS THE PUBLIC RECORDS ACT?.................................................................2 II. WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THEPUBLIC?............................................................................................................2 III. IS THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATION ACT?..............................................................................................3 IV. TO WHICH LOCAL AGENCIES DOES THE PUBLIC RECORDS ACTAPPLY?............................................................................................................3 V. WHAT ARE "PUBLIC RECORDS2„.........................................................................4 VI. HOW DOES A LOCAL AGENCY DETERMINE THE SCOPE OF A PUBLIC RECORDS REQUEST?................................................................................6 VII. CAN A LOCAL AGENCY RELINQUISH ITS PUBLIC RECORDS ACT OBLIGATIONS TO SOMEONE ELSE?............................................................7 VIII. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAY IT BE MADE ORALLY?...........................................................8 IX. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT?...................................................................8 X. WHAT IS THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST?......................................................................30 XI. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT?......................................................................................33 X11. CONCLUSION.......................................................................................................34 PART TWO. ELECTRONIC RECORDS....................................................................................................35 1. EMAI L..................................................................................................................... 38 II. DOCUMENTS CREATED USING WORD PROCESSORS, GIS AND OTHER SOFTWARE.......................................................................................51 III. CITY WEBSITES.......................................................................................................61 IV. CONCLUSIONS.....................................................................................................78 PART THREE. THE CALIFORNIA PUBLIC RECORDS ACT.......................................................................81 Public Records Act Page i © 2023 Richards, Watson & Gershon 2769535 Introduction This Handbook, designed for City officials and staff, provides a summary of the major provisions of California's Public Records Act and related topics. Part One of the Handbook summarizes the basic provisions of the Public Records Act, including documents that are exempt from disclosure and the proper procedure for complying with the Act. Part Two highlights the unique issues raised by electronic records. Part Three contains the complete text of the Public Records Act. We hope you find this Handbook useful. Should you have any questions about the information included in this Handbook, please do not hesitate to contact our office. Richards, Watson & Gershon Public Records Act Page ii © 2023 Richards, Watson & Gershon 2769535 PART ONE. COMPLIANCE WITH THE PUBLIC RECORDS ACT //RWG Public Records Act Page 1 © 2023 Richards, Watson & Gershon 2769535 COMPLIANCE WITH THE PUBLIC RECORDS ACT: KEY QUESTIONS AND ANSWERS The people have the right of access to information concerning the conduct of the people's business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny. CAL. CONST. ART. I, § 3(b) (1). In enacting [the California Public Records Act], the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state. GOv'T CODE § 7921.000. California's Public Records Act is a key part of the philosophy that government at all levels in this State must be open and accessible to all., Under the Public Records Act, a local government agency must disclose virtually any public document; only a statutory exemption or a need for confidentiality that clearly outweighs the public's right to access will legally justify withholding a public document. The purpose of this Handbook is to provide a general overview of the Public Records Act and recent amendments to it, along with a general road map for compliance. Pursuant to AB 473, operative January 1, 2023, the Public Records Act has been reorganized and recodified in new Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. While the Public Records Act has been recodified, the substance of the Public Records Act has not materially changed. The legislature specifically noted that its intent was not to substantively change the law, and revisions to the Public Records Act are intended to be entirely nonsubstantive in effect.2 Additionally, cases interpreting the former Code sections may be used to analyze the equivalent recodified sections. This Handbook addresses the questions most frequently asked of us by our local government clients. I Rogers v. Superior Ct. (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993). 2 Gov't Code §7920.100 Public Records Act Page 1 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act I. WHAT IS THE PUBLIC RECORDS ACT? The Public Records Act is a California statute that affords the public the right to inspect, and obtain a copy of, most of the information retained by State and local agencies in the course of business. The Public Records Act regulates the public's access to records and sets out the specific statutory circumstances under which particular records need not be disclosed. The Public Records Act states that public records are open to inspection at all times during the office hours of a local agency.3 The California Constitution also guarantees that public records are open to public scrutiny.4 It provides that a law, such as the Public Records Act, should be "broadly construed" if it furthers the people's right of access to public records, and "narrowly construed" if it limits the right of access.5 II. WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THE PUBLIC? Under the Public Records Act, every person has the right to inspect and to obtain a copy of any identifiable public record.6 It is irrelevant whether the person making the Public Records Act request already has possession of the public records requested.? The term "person" includes individuals, and various types of business entities.$ A "person" need not be a citizen of California or of the United States to make use of the Public Records Act.9 A local agency must supply an exact copy of the record on request, unless it is "impracticable" to make an exact copy.10 The word "impracticable" in the Public Records Act does not necessarily refer to situations where a copying request would be "inconvenient" or time consuming to the agency. Rather, the term "impracticable" modifies the requirement that the agency provide an "exact" copy. If a requested document is subject to the Public Records Act, the agency must provide the best or most 3 Gov't Code § 7922.525. 4 CAL. CoNST. art. I, § 3(b)(1). 5 CAL. CoNST. art. I, § 3(b) (2). 6 Gov't Code §§ 7922.525, 7922.530(a). A requester inspecting a disclosable record on the agency's premises generally has the right to use their own equipment, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record. Gov't Code § 7922.530(b). 7 The motive of the requester seeking public records is immaterial; an individual already in possession of requested documents may seek the documents so he or she may publicly disseminate them without fear of liability for doing so. Caldecott v. Superior Court, 243 Cal. App. 4th 212, 219 (4 Dist. 2015). B Both cities and city attorneys have been deemed "persons" under the Act. Los Angeles Unified School Dist. v. Superior Court (City of Long Beach), 151 Cal. App. 4th 759 (2 Dist. 2007) (holding that the city, as well as the city attorney, were entitled to obtain records of a school district relating to a school construction project). 9 Gov't Code § 7920.520; Connell v. Superior Court (Intersource, Inc.), 56 Cal. App. 4th 601 (3 Dist. 1997). 10 Gov't Code § 7922.530(a). Public Records Act Page 2 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act complete copy of that document reasonably possible.11 Any reasonably segregable portion must be made available after deletion of any portion exempt from disclosure.12 The requirements of the Public Records Act are the minimum standards which must be met by local agencies. The Public Records Act specifically provides that agencies may adopt procedures to allow greater access to records, except where the law otherwise prohibits access.13 The person who is the subject of a particular record does not have a specific right under the Public Records Act to prevent disclosure of any particular record.14 Even in cases where the subject of a particular record has argued that disclosure would violate the individual right to privacy guaranteed by the California Constitution, disclosure has been compelled.15 III. IS THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATION ACT? Persons who request access to public records frequently reference the Freedom of Information Act (the "FOIA") as the basis for their request. The FOIA is a federal statute that does not apply to local government agencies.16 However, the Public Records Act was modeled after the FOIA, and we recommend that agencies respond to otherwise valid records requests even if the requester cites the FOIA instead of the Public Records Act.17 IV. TO WHICH LOCAL AGENCIES DOES THE PUBLIC RECORDS ACT APPLY? The Public Records Act applies to all local government agencies. Under the Public Records Act, a "local agency" includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; any board, commission or agency of any of these; and 11 See Rosenthal v. Hansen, 34 Cal. App. 3d 754 (3 Dist. 1973) (holding that under the former Section 6256, an agency need not provide exact copies if doing so would be impracticable, but this does not excuse a public entity from producing the records at all). 12 Gov't Code § 7922.525. 13 Gov't Code § 7922.505. It is unclearwhether a local public agency can, through a sunshine ordinance, seek to regulate other agencies, but such an ordinance would not override a state agency's determination on whether its internal documents were subject to disclosure. SF Urban Forest Coal. v. City & Cty. of San Francisco, 43 Cal. App. 5th 796, 807 (Ct. App. 2019), review denied (April 1, 2020). 14 LAPD v. Superior Court (Church of Scientology), 65 Cal. App. 3d 661, 668 (2 Dist. 1977). 15 Poway Unified Sch. Dist. v. Superior Court (Copley Press), 62 Cal. App. 4th 1496 (4 Dist. 1998). 16 5 U.S.C. § 552 et seq. 17 See ACLU v. Deukmejian, 32 Cal. 3d 440, 447 (1982) (Public Records Act modeled on FOIA, judicial construction and legislative history of federal act illuminate the interpretation of its California counterpart); Cook v. Craig, 55 Cal. App. 3d 773, 781 (3 Dist. 1976) (noting the similarity between the provisions of state and federal law). Public Records Act Page 3 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act certain non-profit organizations of local agencies which are supported by public funds.18 V. WHAT ARE "PUBLIC RECORDS?" The Public Records Act defines "public records" as follows: Public records includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. The term "writing" means: any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.19 These definitions encompass much more than written or printed documents. Public records include computer data, and an agency must provide computer records in any electronic format in which the agency holds the information. If a requester asks for the records in a particular format, the agency must provide the records in that format, provided it is a format used by the agency to create copies for its own use or for provision to other agencies, unless an exception applies.20 Note, however, that computer software developed by a local agency is not a "public record" subject to the Public Records Act.21 On the other hand, a requester's rights under the Public Records Act are not unlimited. A local agency is not required to create a document or compile a list in response to a request under the Public Records Act.22 18 Gov't Code § 7920.510. The Public Records Act also applies to charter schools and entities managing charter schools. Ed. Code § 47604.1. 19 Gov't Code § 7920.530 and 7920.545. 20 Gov't Code § 7922.570 For further discussion of the exception to this rule, see Part Two. Electronic Records, Section II.B. "Metadata" of this Handbook. 21 Gov't Code § 7922.585. 22 Based upon the definition of "writing," Gov't Code § 7920.545, and the requirement that a requested record be "identifiable," Gov't Code § 7922.530(a); See also Sander v. State Bar of California, 26 Cal. App. 5th 651, 665-66 (1 Dist. Public Records Act Page 4 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act While these definitions are general, over the years the courts have both broadened and limited the scope of the definition of "public record." First, it is clear that the term "public records" encompasses more than simply those documents that public officials are required by law to keep as official records. Rather, courts have held that a public record is one that is kept because it is "necessary or convenient to the discharge of [an] official duty."23 Second, courts have observed that merely because the writing is in the possession of the local agency, it is not automatically a public record. It must relate in some substantive way to the conduct of the public's business.24 Thus, personal notes and personal records, such as shopping lists or letters from friends that are totally void of public business, are not public records.25 In City of San Jose v. Superior Court, the California Supreme Court provided several factors to consider when analyzing whether a writing is a public record, including: the content of the writing; the context in, or purpose for which, it was written; the audience to whom it was directed; and whether the writing was prepared by an employee acting or purporting to act within the scope of his or her employment.26 In addition, it is important to note that a record need not be a "document" to fall within the ambit of the Public Records Act. A public record is subject to disclosure under the Public Records Act "regardless of physical form or characteristics."27 Further, local agencies are obligated to determine whether a public records request seeks copies of disclosable public records in the "possession" — either actual or constructive possession — of the agency.28 On occasion, a local agency prepares, uses, or owns a document containing information related to the conduct of the public's business, but does not physically possess it, such as when a local agency hires a private consultant to conduct work on behalf of the agency. When the public record is in the possession of a private consultant or sub -consultant who does work for the local agency, the contractual relationship between the local agency and consultant or sub -consultant will likely determine whether the local agency has the right to control the records and therefore "constructive possession" of the documents.29 In Community Youth Athletic 2018) (stating that "the CPRA ... does not require [public agencies] to create new records to satisfy a request."); Steinle v. City & Cty. of San Francisco, 919 F.3d 1154, 1 166 (9th Cir. 2019). 23 City of San Jose v. Superior Court (Smith), 2 Cal. 5th 608, 618 (2017); Braun v. City of Taft, 154 Cal. App. 3d 332, 340 (5 Dist. 1984); San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 774 (2 Dist. 1983); People v. Tomalty, 14 Cal. App. 224, 231 (1 Dist. 1910). 24 City of San Jose, 2 Cal. 5th at 618; Braun, 154 Cal. App. 3d at 340; San Gabriel Tribune, 143 Cal. App. 3d at 774; Gov't Code § 7920.530. 25 San Gabriel Tribune, 143 Cal. App. 3d at 774. 26 City of San Jose, 2 Cal. 5th at 618. 27 Gov't Code § 7920.530. 28 Gov't Code § 7922.535. City of San Jose, 2 Cal. 5th at 623. 29 Consolidated Irrigation District v. Superior Court (City of Selma), 205 Cal. App. 4th 697, 709-1 1 (5 Dist. 2012); Community Youth Athletic Center v. City of National City, 220 Cal. App. 4th 1385, 1427-29 (4 Dist. 2013); see also Regents of the University of California v. Superior Court (Reuters America LLC), 222 Cal. App. 4th 383, 398 (1 Dist. 2013) as modified on denial of reh'g (Jan. 14, 2014). Public Records Act Page 5 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act Center v. City of National City, the court found that under the contract between the City and its consultant, the City had the right to possess and control the record that was the subject of a public records request, even if that local agency had not previously enforced its ownership right.30 The court held that the City had an obligation "to make reasonable efforts to facilitate the location and release of the information."31 The City's failure to assert its contractual right to obtain the record from the consultant violated the Public Records Act.32 On the other hand, in Anderson -Barker v. Superior Court of Los Angeles County, the court held that a city's ability to access privately held, electronically -stored data did not equate to a form of possession of the data when a city does not direct what information a third party contractor places on its databases, and has no authority to modify the data in any way.33 Similarly, in Consolidated Irrigation District v. Superior Court, the court found that the City had no control over a sub -consultant's records.34 The sub -consultant had been hired by the City's primary consultant, and based on the facts in that case, the City had no obligation under the Public Records Act to obtain and produce the records of the sub -consultant. VI. HOW DOES A LOCAL AGENCY DETERMINE THE SCOPE OF A PUBLIC RECORDS REQUEST? Most public records requests are straightforward. The public is familiar with records regularly kept by a local agency, such as meeting minutes, staff reports, financial reports, and other documents discussed at public meetings. Requests for those records are easy to fulfill. Many of these records may be available on a local agency's website, and the Public Records Act allows a local agency to satisfy a request for public records by directing the requester to that website.35 Sometimes, the public is unfamiliar with the types of records maintained by local agencies. The requester may not be able to provide the specificity necessary to identify a public record, or the request may be so broadly stated that a local agency cannot reasonably determine which records fall within the scope of the request. Under those circumstances, the Public Records Act imposes duties on both local agencies and requesters. Local agencies must assist a requester to formulate a "focused and effective request that reasonably describes an identifiable record or records," by following certain procedural requirements.36 Likewise, the 30 Community Youth Athletic Center, 220 Cal. App. 4th at 1428. 31 Id. at 1429. 32 Id. 33 Anderson -Barker v. Superior Court (City of Los Angeles), 31 Cal. App. 5th 528 (2 Dist. 2019). 34 Consolidated Irrigation District, 205 Cal. App. 4th at 711. 35 Gov't Code § 7922.545. 36 Gov't Code § 7922.600. Further discussion of these procedural requirements is in Section X, below. Public Records Act Page 6 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act requester is obligated to engage in this process, and to provide the scope of the public information requested, which the City must communicate to the custodian of records. Both the local agency and the requester must be reasonable in this process.37 In some instances, there may be many records responsive to a request. When faced with a voluminous request, agencies should work with the requester to narrow down the request, ask if they would consent to an extended deadline for responding, and providing responsive records on a rolling basis. Even where requests return a significant number of responsive records, courts have held that agencies must process the request.38 VII. CAN A LOCAL AGENCY RELINQUISH ITS PUBLIC RECORDS ACT OBLIGATIONS TO SOMEONE ELSE? A local agency cannot sell or provide a public record subject to disclosure under the Public Records Act to a private entity in a manner that prevents the local agency from providing the record directly.39 For example, the county recorder cannot transfer all birth and death records to a private company and insist that the public obtain birth certificates from the private entity. Similarly, a local agency may not enter into a contract that allows another party to control the disclosure of information that is subject to the Public Records Act.40 For example, a contract provision that requires the consent of a contractor before a local agency may release a public record prepared by the contractor violates the Public Records Act. Additionally, if a local agency enters into a contract that requires a private entity to review, audit, or report on any aspect of the local agency, that contract must be made available to the public upon request, unless the contract is exempt from disclosure pursuant to another exemption in the Public Records Act.41 37 Community Youth Athletic Center v. National City, 220 Cal. App. 4th 1385, 1427 (4 Dist. 2013). 38 Getz v. Superior Court, 2021 WL 5879194 (3 Dist. 2021), ordered published (December 13, 2021) (holding that it is not unduly burdensome to require El Dorado County to review more than 42,000 emails that were potentially responsive to a request for "any/all emails" by or between "anyone" employed by the County and "anyone" at one of four email domains associated with a real estate developer, its legal counsel, and its public relations consultants). 39 Gov't Code § 7921.010(a). 40 Gov't Code § 7921.005. 41 Gov't Code § 7928.700. Public Records Act Page 7 © 2023 Richards, Watson & Gershon 2769535 Part One: Comoliance with the Public Records Act Vill. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAY IT BE MADE ORALLY? Nothing in the Public Records Act requires a member of the public to place his or her request for public records in writing.42 While many local agencies provide forms on their website or at their offices for making a written Public Records Act request, a requester is not required to use the form offered. An oral request is sufficient to trigger the requirements of the Public Records Act. Additionally, an argumentative or disruptive requester cannot be permanently banned from the premises by a local agency or forced to make their requests in writing.43 However, the right to inspect public records is subject to the implied rule of reason that enables the custodian of public records to formulate regulations necessary to prevent interference with the orderly functioning of the agency's office.44 If faced with a loud or angry person who is making an oral request, and the records are not immediately available, it is advisable for staff to write down the request and tell the requester the agency will respond in writing within the time limits specified in the Public Records Act. Your city attorney can provide additional guidance in the event a member of the public is repeatedly abusive towards staff. IX. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT? A. Disclosure of Exempt Records Waives Confidentiality The Public Records Act specifically exempts a number of categories of records from disclosure requirements. If documents are exempt from disclosure, it is important that confidentiality be maintained. Once an otherwise exempt record is knowingly released to any member of the public, disclosure constitutes a waiver of the exemption for that record, and the record must be provided to any subsequent requesting member of the public.45 This waiver ensures a public agency does not carry out "selective disclosure," wherein some members of the public are provided the right of access to specific records, while some requests for the same records are denied by the public agency for the same materials.46 42 Los Angeles Times v. Alameda Corridor Transp. Authority, 88 Cal. App. 4th 1381, 1392 (2 Dist. 2001). 43 Galbiso v. Orosi Public Utility District, 167 Cal. App. 4th 1063, 1088-89 (5 Dist. 2008). 44 Bruce v. Gregory, 65 Cal. 2d 666, 676 (1967); Rosenthal v. Hansen, 34 Cal. App. 3d 754, 761 (3 Dist. 1973); 64 Ops. Cal. Atty. Gen. 317 (1981). 45 Gov't Code § 7921.505. 46 Black Panther Party v. Kehoe, 42 Cal. App. 3d 646, 658 (3 Dist. 1974). Public Records Act Page 8 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act There are a few situations where the knowing disclosure of an otherwise exempt record does not constitute a waiver of exemption. Exemptions are not waived when disclosures are made: • Through discovery procedures associated with lawsuits or in court proceedings; • Pursuant to a statute that limits disclosure for specified purposes; • When not required by law and prohibited by formal action of the elected legislative body of the local agency; or • To another government agency that agrees to treat the records as confidential.47 The California Supreme Court held that a public agency's inadvertent disclosure resulting from human error does not waive an exemption.48 In Ardon v. City of Los Angeles, the City of Los Angeles inadvertently disclosed several attorney -client and attorney work product documents in response to a PRA request. The requester was an attorney actively involved in pending litigation against the City.49 After becoming aware of the inadvertent disclosure, the City filed a motion in court seeking the return of the privileged materials.50 The California Supreme Court held that the Public Records Act's waiver provision51 applied only to intentional and not inadvertent disclosure.52 The court justified this distinction by finding that the City of Los Angeles had not engaged in selective disclosure: "[r]ather, it seeks no disclosure; it is trying to force plaintiff's attorney to return the privileged documents unread."53 The California Supreme Court's decision in Ardon v. City of Los Angeles allows a public agency to argue that a disclosure was inadvertent and ask for return of exempt records that were released in error. However, nothing in the Public Records Act compels the requester to return the records. Instead, the public agency must go to court to obtain a judicial order directing the requester to return or destroy the inadvertently disclosed records.54 This presents a number of problems. First, the circumstances surrounding the dissemination of those materials would have to be evaluated on a case -by -case basis by the reviewing court.55 The court may not agree with the public agency's assertion that the 47 Gov't Code § 7921.505. Additional exceptions apply to specific state agencies. 48 Ardon v. City of Los Angeles, 62 Cal. 4th 1 176 (2016). 49 Ardon, 62 Cal. 4th at 1 180-82. 50 Id. at 1 181 . 51 Gov't Code § 7921.505. 52 Ardon, 62 Cal. 4th at 1180. 53 Id. at 1 185-86. 54 See Newark Unified School District v. Superior Court (Brazil), 245 Cal. App. 4th 887 (1 Dist. 2015). 55 Id. at 910. Public Records Act Page 9 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act disclosure was inadvertent. Second, if the exempt records were given wide- spread distribution before the error was found, a court may decide not to order return of the records. Once the information is in the public sphere, the bell cannot be unrung. Third, it is costly to go to court to seek injunctive relief. Consequently, public agencies should continue to conduct a thorough and exhaustive review of responsive documents before releasing any materials in response to a Public Records Act request. The California Supreme Court acknowledged that its decision was limited to "truly inadvertent disclosures and must not be abused to permit the type of selective disclosure" prohibited by the Public Records Act.56 Further, the California Supreme Court emphasized that a public agency's own characterization of its intent is not dispositive.57 The best practice continues to be to complete a thorough review before releasing responsive records. B. Statutory Exemptions for Confidential Records The following is a list of the statutory exemptions. This list is not exhaustive. (1) Public agency employees' personal information. Gov't Code § 7928.300. The Public Records Act contains protections for specified personal information of all public agency employees. The home addresses, home telephone numbers, personal cellular telephone numbers and birth dates of all public agency employees are not considered to be public records subject to disclosure, except in limited circumstances. Personal e-mail addresses of public employees are also not public records subject to disclosure, unless a personal e-mail address is used by an employee to conduct public business or if the address is necessary to identify a person in an otherwise disclosable communication. The Public Records Act also requires local agencies to redact social security numbers from records before disclosing the records to the public in response to a Public Records Act request.58 56 Ardon, 62 Cal. 4th at 1190. 57 Id. 58 Gov't Code § 7922.200. State agencies are prohibited from sending outgoing U.S. mail to an individual that contains the individual's social security number unless the number is truncated to its last four digits, except in specified circumstances. Gov't Code § 1 1019.7. Public Records Act Page 10 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (2) Referendum, recall and initiative petitions, ballots and related material. Gov't Code §§ 7924.100-7924.1 10. Election -related petitions and all memoranda prepared by the county elections officials in their examination of the petitions indicating which registered voters signed the petitions are strictly confidential. These materials may be viewed only by elections officials and their deputies. Other officials, including agency attorneys, must obtain a court order to view petitions. If the elections officials determine that a petition is legally insufficient, petition proponents and their representatives designated in writing must be permitted to review these materials. Election ballots themselves are exempt from disclosure.59 (3) The identity of persons who have requested bilingual ballots or ballot pamphlets. Gov't Code § 7924.005. Election -related information revealing the identity of people who have requested bilingual ballots or ballot pamphlets or other related data that would reveal the identity of the people requesting bilingual materials is exempt from disclosure. Persons otherwise authorized to review this material, such as elections officials, may examine these materials. (4) Preliminary drafts, notes, or interagency or intra-agency memoranda. Gov't Code § 7927.500. Public officials should be aware that preliminary drafts and notes, along with interagency and intra-agency memoranda, are exempt from disclosure as public records if those documents are not customarily retained by the local agency in the ordinary course of business, and the public interest in withholding those records clearly outweighs the public interest in disclosure.60 In considering whether to use this exemption, agencies should determine whether the disclosure of a preliminary draft, note, or interagency or intra-agency memorandum would further the interest of the Act in open government. The fact that the document is merely a step in the process and does not provide important information about the public's business probably weighs in favor of nondisclosure. 59 Elec. Code §§ 15370 and 17301; Citizens Oversight, Inc. v. Vu, 35 Cal. App. 5th 612, 619-20 (4 Dist. 2019). 60 Gov't Code § 7927.500. Public Records Act Page 1 1 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act The key questions in this area generally may be boiled down to whether a draft, note, or interagency or intra-agency memorandum is one which: • Is not normally kept by the agency in the ordinary course of business; • Is not prepared or kept to document or memorialize the day-to-day transaction of the public's business; • Is merely a temporary step in the process of preparing a final document, reaching a final decision, or determining a course of action; and • Would expose the agency's decision -making process if disclosed,61 and the public interest in nondisclosure clearly outweighs the public interest in disclosure. If the document qualifies under all four categories above, the document probably is exempt from disclosure under the Public Records Act. Documents that do not satisfy one or more of the categories above probably are public records that must be disclosed unless another exemption applies. You should keep in mind, however, that any doubt or question in this regard likely will be decided in favor of disclosure of the record. In discussing whether a record has not been retained in the ordinary course of business, one court observed, "[i]f preliminary materials are not customarily discarded or have not in fact been discarded as is customary they must be disclosed."62 One of the purposes of this condition is to prevent "secret law," that is an undisclosed collection of written rules guiding the agency's decisions.63 Consequently, a record that must be retained pursuant to a local agency's records retention schedule, policies, or customs does not fall within this exemption. For example, if a policy decision is made to retain drafts in order to document the bargaining history after an agreement is negotiated; those drafts likely are not exempt under Section 7927.500. Also, if it is permissible under an agency's records retention schedule to destroy preliminary documents, but the agency retained such a document after the final report is prepared, the preliminary document arguably is not exempt under Section 7927.500. 61 Citizens for a Better Environment v. Dep't of Food and Agriculture, 171 Cal. App. 3d 704, 715-16 (3 Dist. 1985) (concluding that "[t] he interest in fostering robust agency debate" is the only public interest that can justify nondisclosure under Section 7927.500). 62 Id. at 714. 63 Id. at 714 n.7. Public Records Act Page 12 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (5) Records pertaining to pending litigation to which the agency is a party. Gov't Code § 7927.200. Under this exemption, records actually created by an agency for its own use in litigation are exempt from disclosure under the Public Records Act.64 Previously created or disclosed records may not be retroactively re-classified as being exempt under this Section.65 Generally, courts will examine the "dominant purpose" behind the document's creation.66 Documents prepared "by a public entity for its own use in anticipation of litigation, which documents it reasonably has an interest in keeping to itself until litigation is finalized" are protected by the exemption.67 Thus, while documents created prior to the commencement of litigation appear to receive greater scrutiny to determine their dominant purpose, the exemption can apply to documents created before litigation has commenced, that is, before a claim has been made with the local agency under the Government Claims Act or a complaint filed with a court. Once litigation is concluded, however, the exemption will no longer apply.68 This exemption also applies to litigation -related documents, even if not created by an agency, when sought by persons or entities not a party to the litigation and which the parties to the litigation do not intend to be revealed outside the litigation. This exemption does not cover deposition transcripts because they are available to the public under another statute.69 And where a plaintiff generally is required to file a claim under the Government Claims Act to initiate litigation against a local agency, the actual claim form filed with the local agency is not exempt under this Section as "[f]here is no unfair disadvantage [in the pending litigation] to the public entity from disclosure of the mere claim form."70 64 Fairley v. Superior Court (City of Long Beach), 66 Cal. App. 4th 1414, 1421-22 (2 Dist. 1998). 65 City of Hemet v. Superior Court (Press -Enterprise Co.), 37 Cal. App. 4th 1411, 1420 & n.1 1 (4 Dist. 1995). 66 Fairley, 66 Cal. App. 4th at 1420 67 Id. at 1421 . 68 Gov't Code § 7927.200 (noting that the exemption applies "until the pending litigation or claim has been finally adjudicated or otherwise settled."); City of Los Angeles v. Superior Court (Axelrod), 41 Cal. App. 4th 1083, 1089 (2 Dist. 1996). 69 Board of Trustees of California State Univ. v. Superior Court (Copley Press, Inc.), 132 Cal. App. 4th 889, 901-902 (4 Dist. 2005); Civ. Proc. Code § 2025.570. 70 Poway Unified Sch. Dist. v. Superior Court (Copley Press, Inc.), 62 Cal. App. 4th 1496, 1505 (4 Dist. 1998). Public Records Act Page 13 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (6) Personnel, medical, or similar records. Gov't Code §§ 7927.700; 7928.300. When the disclosure of personnel,71 medical, or similar files would constitute an unwarranted invasion of personal privacy, this exemption applies. In determining whether personnel records should be disclosed, courts first decide whether disclosure would compromise the individual's substantial privacy interest. If it does, the court determines whether the potential harm to those interests caused by disclosure outweighs the public interest in disclosure.72 As will be discussed below, the California Supreme Court has concluded that public employees in general have a significantly reduced expectation of privacy in their salaries, and that the strong public interest in knowing how the government spends its money justifies disclosure of salary information.73 Courts have recognized the privacy interest implicated by records of employee misconduct and wrongdoing.74 However, at least one appellate court has found that where the public employee is in a position of authority, such as a superintendent of a school district, the individual has "a significantly reduced expectation of privacy in the matters of his [or her] public employment."75 This exemption for personnel, medical or similar records does not justify withholding employment agreements. By statute, employment agreements between a local agency and any public official or public employee is a public record not subject to an exemption.76 This exemption for personnel records also does not justify withholding personnel records concerning incidents involving the discharge of a firearm at a person by a peace officer that resulted in death or great bodily injury, records concerning a sustained finding that a peace officer engaged in sexual assault or dishonesty, a sustained finding of unreasonable or excessive force, a sustained finding of failure to intervene against another officer using unreasonable or excessive force, or a sustained finding of discrimination against a protected class.77 71 The scope of personnel records generally covers records relating to an employee's performance or to any grievance concerning an employee, and would include personal information to which access is limited to an employee's supervisors. Such records do not need to be stored in a personnel file to be exempt; it is the contents of the document which makes them confidential. Associated Chino Teachers v. Chino Valley Unified Sch. Dist., 30 Cal. App. 5th 530, 539-41 (4 Dist. 2018). 72 Versaci v. Superior Court (Palomar Cmty. Coll. Dist.), 127 Cal. App. 4th 805, 818-820 (4 Dist. 2005). 73 International Federation of Professional and Technical Engineers, LOCAL 21, AFL-CIO, v. Superior Court, (Contra Costa Newspapers, Inc.), 42 Cal. 4th 319, 329-333 (2007) (International Federation). 74 Associated Chino Teachers, 30 Cal. App. 5th at 541. 75 BRV, Inc. v. Superior Court (Dunsmuir Joint Union High School District), 143 Cal. App. 4th 742, 758 (3 Dist. 2006) (ordering reports investigating allegations of misconduct disclosed, as the public's interest in why the district entered into a termination agreement with the superintendent that appeared to the public to be a "sweetheart deal" outweighed the superintendent's interest in preventing disclosure of the reports). 76 Gov't Code § 7928.400. 77 Penal Code §§ 832.7, 832.8. Public Records Act Page 14 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act Disclosure of Public Emolovee Salaries The California Supreme Court has held that salaries of public employees are not exempt from disclosure. In International Federation of Professional and Technical Engineers v. Superior Court, (Contra Costa Newspapers, Inc.),78 the California Supreme Court held that individually identifiable salary information is not exempt from disclosure under the Public Records Act, the California Constitution or the Penal Code. In this case, a newspaper sought disclosure from the City of Oakland of names, job titles and gross salaries of City employees earning $100,000 or more each year, including overtime. The City provided salary and overtime information for each job classification but refused to provide salary information linked to individual employees. The newspaper sued to obtain disclosure of the records under the Public Records Act. The Supreme Court held that a public entity's payroll expenditures are public records, and that disclosure of salary records for City employees earning $100,000 or more each year is not an unwarranted invasion of personal privacy.79 With regard to peace officers, the Supreme Court rejected the police union's argument that Penal Code Sections 832.7 and 832.8 bar disclosure of the amount of a peace officer's salary.80 The Supreme Court ruled that salary information of peace officers does not constitute "personnel records" under Penal Code Sections 832.7 or 832.8, and is not information obtained from personnel records.81 As such, the Penal Code does not mandate that peace officer salary information be excluded from disclosure under the Public Records Act. The Supreme Court also rejected the argument that each public records request must be evaluated on a case -by -case basis to evaluate the individual employee's privacy interests and the particular public interest at issue.82 The Court stated that this would reverse the presumption of openness of public records mandated by the Public Records Act, and the public entity bears the burden of demonstrating that particular records are exempt.83 The Court, however, left open the possibility that a public entity may, on a case -by -case basis, decline to 78 International Federation, 42 Cal. 4th 319 (2007). 79 The Supreme Court also narrowed the precedential value of Teamsters Local 856 v. Priceless, LLC., 112 Cal. App. 4th 1500 (1 Dist. 2003). The appellate court in Priceless held that names, job titles, and W-2 information of City employees was confidential information and not subject to disclosure under the Public Records Act because the City in question had a prior practice of treating that information as confidential. To the extent that Priceless could be read as holding that a City's practice of refusing to disclose certain information had created a privacy interest in those records, the California Supreme Court disagreed and refused to adopt that holding. International Federation, 42 Cal. 4th at 336. 80 Id., at 343. 81 Id. 82 Id. at 336. 83 Id. at 336-37. Public Records Act Page 15 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act release records pertaining to individual employees where anonymity is essential to their safety, such as undercover narcotics officers. Although this decision arose in the context of a public records request for the names and salaries of City employees earning more than $100,000 per year, the Supreme Court's reasoning may have general application to salary information for all City employees, regardless of level of salary. In a companion case, Commission on Peace Officer Standards and Training v. Superior Court, the California Supreme Court addressed the confidentiality of certain non -salary information.84 In this case, the Commission refused to provide the names, employing departments, and hiring and termination dates of peace officers from its database. The Commission maintains the database to monitor participating law enforcement departments' compliance with Peace Officer Standards and Training ("POST") regulations. The California Supreme Court held that the names, employing departments, and hiring and termination dates of peace officers are not confidential under Penal Code Sections 832.7 and 832.8, and are not exempt from disclosure under the Public Records Act. The California Supreme Court, however, remanded the case to the lower courts to allow the Commission the opportunity to establish that information regarding particular officers or categories of officers should be excised from the disclosed records in order to protect the safety or efficacy of those peace officers.85 (7) Arrest records, complaint reports, investigatory, and security files. Gov't Code §§ 7923.600-7923.630. This exemption strictly limits the information required to be disclosed about arrests, complaints and investigations.86 Records of complaints to or investigations conducted by police agencies generally may be withheld. Investigatory or security files compiled by a local agency for law enforcement or licensing purposes are also covered by the exemption, provided "there is a concrete and 84 Commission on Peace Officer Standards and Training v. Superior Court (Los Angeles Times Communications LLC), 42 Cal. 4th 278 (2007). 85 Id. at 303; see also, Long Beach Police Officers Assn. v. City of Long Beach, 59 Cal. 4th 59 (2014) (holding the Act did not protect from disclosure the names of officers involved in on -duty shootings). 86 The scope of "records of investigation" is narrowly construed. American Civil Liberties Union Foundation v. Superior Court, 3 Cal. 5th 1032, 1039 (2017). Records of investigation exempted under Section 7923.600 et seq. "encompass only those investigations undertaken for the purpose of determining whether a violation of law may occur or has occurred. If a violation or potential violation is detected, the exemption also extends to records of investigations conducted for the purpose of uncovering information surrounding the commission of the violation and its agency." Haynie v. Superior Court, 26 Cal. 4th 1061, 1071 (2001). In American Civil Liberties Union of Southern California v. Superior Court, the California Supreme Court declined to extend the meaning of "investigation" to cover bulk raw data obtained as part of a mass personal data collection, because there was no targeted "investigation" into a particular criminal act. 3 Cal. 5th 1032, 1042. Public Records Act Page 16 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act definite prospect of criminal law enforcement proceedings."87 This exemption extends indefinitely, even after investigations are concluded.$$ In most cases, agencies are required to disclose to the public89 the full name, current address, and occupation of every person arrested by the agency, including a general physical description, along with the date and time of arrest. This disclosure, however, is not required where it would endanger the safety of a person involved in an investigation or jeopardize the successful completion of the pending investigation or a related investigation. While investigations conducted by police agencies are generally not disclosable, investigations of police agencies may be subject to PRA requests. When releasing records pertaining to investigations of police agencies, the agency must redact or otherwise withhold any information that is part of a police officer's confidential personnel file.90 Counsel should be consulted to ensure that confidential information is not disclosed. In addition, local agencies are required to disclose to the public the time, substance, and general location of all complaints and requests for assistance, and the time and nature of the agency's response. However, no disclosure may be made to any arrested person or defendant in a criminal action of the address and telephone number of any person who is a victim or witness in an alleged offense.91 Further, this disclosure is not required where it would endanger the safety of a person involved in an investigation or jeopardize the successful completion of the pending investigation or a related investigation. In all cases, the address of a victim of an alleged sex offense or human trafficking offense must be withheld.92 Additionally, the name of the victim of an alleged sex offense must be withheld if the victim or a minor victim's parent or guardian requests it be withheld. While the law refers to "sex offenses," the crimes listed in Section § 7923.615 include sexual assault, child molestation, child abuse, hate crimes, and stalking. The Public Records Act prohibits the commercial use of arrest and arrestee information, and requires that persons requesting such information sign a declaration, under penalty of perjury, that the request is made for a scholarly, journalistic, political, or governmental purpose, or for investigation by a licensed 87 Dixon v. Superior Court (Neves), 170 Cal. App. 4th 1271, 1277 (3 Dist. 2009) (internal quotation omitted). 88 Rackauckas v. Superior Court (Los Angeles Times Communications), 104 Cal. App. 4th 169, 174-178 (4 Dist. 2002). 89 Sections 7923.600-7923.630 also authorize release of certain limited information to the victim of a crime and other interested parties, above and beyond that information released to the public generally. 90 Pasadena Police Officers Association v. City of Pasadena, 22 Cal. App. 5th 147 (2 Dist. 2018). 91 Penal Code § 841.5. 92 Penal Code § 293. Public Records Act Page 17 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act private investigator.93 This requirement, however, may have limited applicability given the outcome of litigation by United Reporting Publishing Corporation against the California Highway Patrol.94 Subsequent to that case, the Attorney General issued an opinion that a law enforcement agency may not require that a requester present subscriber lists, copies of publications, or other verification of a journalistic purpose and the requester is not required to monitor subscribers to prohibit them from using the information for commercial purposes.95 Disclosure of Certain Police Department Records Penal Code sections 832.7 and 832.8 previously provided that peace officer personnel records are confidential and subject to disclosure only after a granted Pitchess Motion. Those statutes were amended in 2019 to provide that certain peace officer personnel records and records relating to specified incidents, complaints, and investigations must be made available to the public under the Public Records Act. Under further amendments in 2021, disclosure of additional categories of information is required effective on January 1, 2022. Penal Code sections 832.7 and 832.8 now provide that an agency must disclose any record relating to the report, investigation, or finding of: • An incident involving the discharge of a firearm at a person by a peace officer or custodial officer. • An incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury. • When a sustained finding was made that a peace officer or custodial officer engaged in sexual assault involving a member of the public. • When a sustained finding was made of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any false statements, filing false reports, destruction, falsifying or concealing of evidence, or perjury. 93 Gov't Code § 7923.620. A commercial publisher of criminal records challenged the constitutionality of this limitation on disclosure, but the United States Supreme Court held that the statute did not violate the First Amendment to the U.S. Constitution. Los Angeles Police Dep't v. United Reporting Publ'g Corp., 528 U.S. 32 (1999). 94 United Reporting Publ'g Corp. v. California Highway Patrol, No. 96-CV-0888-B (S.D. Cal. Aug. 13, 2001) (final judgment on consent) ("As applied to United Reporting's activities as described in this lawsuit, section 6254(f) (3) (now § 7923.620) violates United Reporting's rights under the First Amendment to the United States Constitution by preventing United Reporting from engaging in its journalistic activities as described above."). 95 89 Ops. Cal. Atty Gen. 97 (2006). Public Records Act Page 18 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act • When a sustained finding was made involving a complaint that alleged unreasonable or excessive force. • When a sustained finding was made that an officer failed to intervene against another officer using force that is clearly unreasonable or excessive. • When a sustained finding was made that a peace officer or custodial officer engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. • When a sustained finding was made that the peace officer made an unlawful arrest or conducted an unlawful search. A sustained finding means that the public agency has determined that misconduct occurred and the officer had an opportunity for an administrative appeal, even if that administrative appeal was not actually completed.96 These disclosure requirements apply regardless of whether the disclosable records sought pertain to officers employed by the agency or by another public agency and regardless of whether the agency or another public agency created the records.97 These requirements also apply to records created prior to 2019 if a public records request is submitted after January 1, 2019.98 Note, however, that the catchall exemption to disclosure under the Public Records Act (Government Code section 7922.540), can apply to exempt otherwise disclosable records under Penal Code Section 832.7 where, based on the facts of the particular case, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.99 96 Collondrez v. City of Rio Vista, 61 Cal. App. 5th 1039 (1 Dist. 2021), review denied (June 30, 2021) (court held that the city manager's decision in favor of an officer's termination following a pre -discipline Skelly meeting constituted a sustained finding of dishonesty, even though the officer's subsequent administrative arbitration was not completed because the officer resigned as part of a settlement with the city). 97 Becerra v. Superior Court of City & Cty. of San Francisco, 44 Cal. App. 5th 897 (1 Dist. 2020) review denied (May 13, 2020) . 98 Ventura County Deputy Sheriffs' Assn v. Cty. of Ventura, 61 Cal. App. 5th 585, 590,594 (2 Dist. 2021); Walnut Creek Police Officers' Assn v. City of Walnut Creek, 33 Cal. App. 5th 940, 941-942 (1 Dist. 2019). 99 Becerra, 44 Cal. App. 5th at 927-929. Public Records Act Page 19 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act Further, as of July 1, 2019, the Act requires an agency to disclose audio and video recordings that relate to a "critical incident." A recording relates to a critical incident if it depicts an incident involving the discharge of a firearm at a person by a peace officer or custodial officer; or an incident in which the use of force by a peace officer or custodial officer resulted in death or great bodily injury.loo Additionally, recent legislation has imposed requirements on law enforcement agencies to make available online all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made pursuant to the Public Records Act.1o, The foregoing is a brief overview of this detailed and complex exemption. Police and code enforcement staff should familiarize themselves with the complete requirements of this Section prior to responding to requests for arrest and complaint information. (8) Information required from any taxpayer in connection with the collection of local taxes. Gov't Code § 7925.000. This exemption applies to information that a city or other local agency requires from any taxpayer in connection with the collection of local taxes if that information is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information. One frequent example of this is the submittal of sales or income information under a business license tax requirement where the city has indicated in its business license tax ordinance that the financial information provided will be kept confidential. If the business license is required by ordinance to list the amount of tax paid and be posted at the place of business, however, the amount of tax paid arguably is not confidential. (9) Library circulation records. Gov't Code §7927.100. While this exemption protects from disclosure library circulation records kept for the purpose of identifying the borrower of items available in libraries, it is not applicable to records of fines imposed on the borrowers. ioo Gov't Code § 7923.625. 101 Penal Code § 13650. Public Records Act Page 20 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (10) Records exempt from disclosure under other laws including, but not limited to, the Evidence Code sections relating to privilege. Gov't Code § 7927.705. This provision of the Public Records Act exempts from disclosure every document held by a local agency that is legally privileged or confidential under some law outside the Public Records Act. The most common example of this exemption protects documents subject to the attorney -client privilege or the attorney work - product doctrine. It is important to note that neither the Public Records Act nor the Brown Act abrogate those important privileges for communications between a local agency and its legal counsel.102 For example, in Los Angeles County Board of Supervisors v. Superior Court, the Supreme Court ruled that the attorney -client privilege protects the confidentiality of invoices for legal work in pending and active legal matters.103 The Court reasoned that such invoices are so closely related to attorney -client communications that they may reveal legal strategy or consultation. The Court emphasized, however, that the attorney -client privilege does not categorically shield everything in a billing invoice from PRA disclosure. This case also reaffirms the principle that the Public Records Act does not permit public agencies to withhold an entire document that contains both exempt and nonexempt information. On this point, the Supreme Court ruled that agencies must "use the equivalent of a surgical scalpel to separate those portions of a record subject to disclosure from privileged portions" unless records are not "reasonably segregable."104 Further, the Court stressed that any ambiguity must be construed in "whichever way will further the people's right of access."105 On remand, the Court of Appeal clarified that specific billing entries and descriptions of work contained in attorney invoices are not subject to disclosure under the PRA, whether they related to pending, ongoing or long -concluded legal matters. The Court further found that cumulative fee totals contained in attorney invoices for pending or ongoing legal matters are also protected from disclosure by the attorney -client privilege. And finally, it found that cumulative fee totals for matters concluded long ago may be subject to disclosure only if the cumulative fee totals do not reveal anything about the legal consultation or 102 Roberts v. City of Palmdale, 5 Cal. 4th 363, 377 (1993). 103 Los Angeles County Board of Supervisors v. Superior Court (ACLU of Southern California), 2 Cal. 5th 282 (2016). 104 Id. at 292. 105 Id. (citing Ardon v. City of Los Angeles, 62 Cal. 4th 1176, 1 190 (2016), and Cal. Const., art. I, § 3, subd. (b) (2)). Public Records Act Page 21 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act provide any insight into legal strategy.106 Whether or not any particular fee total must be disclosed is a factual inquiry for the trial court.107 While a full discussion of attorney -client privilege and attorney work product is outside the scope of this Handbook, it is worth noting that a court may find waiver of the privilege when a city and developer share communications prior to approval of a development project under the California Environmental Quality Act (CEQA). In Citizens for Ceres v. Superior Court, the appellate court held that a city waived those privileges for communications it sent to a developer prior to approval of a development project under CEQA.108 The court held that the "common interest doctrine," which generally allows disclosure of privileged communications to third parties with a common interest in a legal matter, did not apply to prevent the city's waiver.109 As a result, the city was required to include its attorneys' communications with the developer in the administrative record it prepared. In contrast, in another more recent CEQA case, Golden Door Properties, LLC v. Superior Court, the appellate court ruled a common interest existed between a county and developer prior to project approval because the plaintiffs had previously sued both the applicant and the lead agency twice before project approval.110 In light of these differing opinions, local agencies should be cautious in sharing documents and legal opinions prepared by the agency's attorney with a project developer, and recognize that in the event it does share such documents and opinions of its attorneys, in some cases those disclosures may waive the agency's privilege. In Labor and Workforce Development Agency v. Superior Court, the Court of Appeal extended the protection afforded by Section 7927.705 to documents revealing the deliberative process of an agency, even going so far as to prevent the disclosure of the identities of persons with whom the agency confidentially communicated, and the general subject matter of the communications.,11 Determining which other confidentiality laws are incorporated into the Public Records Act has always been difficult and time-consuming. In 1998, the Legislature attempted to address this problem by enacting a statute that lists most of the exemptions found in other Iaws.112 The list now begins at Government Code Section 7930.005 and continues for more than 20 pages. Although the Public Records Act cautions that this list may not be complete, it is a helpful list. 106 County of Los Angeles v. Superior Court, 12 Cal. App. 5th 1264, 1274 (2 Dist. 2017). 107 Id. 108 Citizens for Ceres v. Superior Court (City of Ceres), 217 Cal. App. 4th 889, 922 (5 Dist. 2013). 109 Id. at 914-921 . 110 Golden Door Properties, LLC v. Superior Court of Son Diego County, 53 Cal. App. 5th 733, 755-756 (4 Dist. 2020), review denied (Nov 10, 2020). 111 Labor & Workforce Dev. Agency v. Superior Court, 19 Cal. App. 5th 12 (3 Dist. 2018). 112 Stats. 1997, c. 620 (S.B. 143- Kopp). Public Records Act Page 22 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act (11) Personal financial information required of licensees. Gov't Code § 7925.005. When a local agency requires that applicants for licenses, certificates, or permits submit personal financial data, that information is confidential. This exemption, however, does not apply to financial information filed by a franchisee to justify a rate increase, presumably because those affected by a rate increase have a right to know its basis.113 The term "license" was narrowly construed by the court in San Gabriel Tribune v. Superior Ct. to exempt financial information of applicants whose business with the agency is only public because they must comply with licensing requirements and regulations. To give effect to the Public Records Act policy that favors disclosure over secrecy in government, the court concluded that a franchisee is akin to a contractual relationship and is not an applicant for a license under Section 7925.005. (12) Terrorist assessment reports. Gov't Code § 7929.200. A document prepared for or by a local agency that assesses its vulnerability to terrorist attacks or other criminal acts intended to disrupt the local agency's operations is exempt from disclosure if the document is prepared for distribution or consideration in a closed session of the local agency. (13) Voter registration information. Gov't Code § 7924.000. The home address, telephone number, email address, precinct number, and prior registration information shown on voter registration cards is confidential. Disclosure of that information is permitted only to candidates and campaigns, and to any person for election, scholarly, journalistic, or political purposes pursuant to Section 2194(a) (3) of the Elections Code. The driver's license number, social security number and signature of the voter shown on the voter registration card are also confidential and cannot be disclosed to any person.114 We believe that this exemption extends to any document that by law must include the information made confidential by this Section, including applications for absentee ballots and returned absentee ballot packages. However, voter registration information identified under Section 7924.000 of the Government 113 San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 779-780 (2 Dist. 1983). 114 Elec. Code § 2194(b)(1). Public Records Act Page 23 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act Code must be made available to the public if the information is at least one hundred years old.115 (14) Utility customer information. Gov't Code § 7927.410. The name, credit history, utility usage data, home address, and telephone number of utility customers of local agencies are exempt from disclosure, except in certain circumstances. This information may be disclosed to authorized family members of the person to whom the information pertains or his or her agent, to an officer or employee of another governmental agency when necessary to perform official duties, or upon court order or the request of law enforcement for an ongoing investigation. In addition, the information may be disclosed if the utility customer has used the utility services in a manner inconsistent with applicable local utility usage policies. If the utility customer is a public official with authority to determine utility usage policies, the information may be disclosed except that the home address of an appointed official may not be disclosed without the official's consent. Lastly, the information may be disclosed if the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure . (15) Unauthorized Internet posting of officials' addresses and telephone numbers. Gov't Code §§ 7928.205 - 7928.230 The posting of the home address or telephone number of any elected or appointed official on the internet by a local agency without that individual's written permission is prohibited. The definition of "elected or appointed officials" includes, but is not limited to, members of a city council, members of a board of supervisors, mayors, city attorneys, police chiefs, and sheriffs. It is a misdemeanor for any person to post such information with the intent to cause bodily injury to the official, his or her spouse or child. The official may bring an action for damages under certain circumstances. If bodily injury occurs as a result of the posting, then the posting could become a felony. If a person, business, or association publicly posts on the internet the home address or telephone number of any elected or appointed official, the official may make a written demand to have the information removed. An official may bring an action in court to seek injunctive relief in the event the posting is not > > 5 Elec. Code § 2194.1. Public Records Act Page 24 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act removed or is posted again during the four years that the written demand is in effect.116 (16) Social Security Numbers. Gov't Code § 7922.200. Local agencies must redact social security numbers from records before disclosing them to the public. (17) Records and Information of the Controller Obtained pursuant to the Unclaimed Property Law. Gov't Code § 7527.425 and 7925.015 AB 2280 amended the Public Records Act to exempt records and information of the Controller obtained pursuant to the Unclaimed Property Law. This exempts records that the Controller and any third -party auditors obtain as a result of an examination of records pursuant to Section 1571 of the Code of Civil Procedure, other than records of property that should have been reported to the Controller as unclaimed property. It also exempts records related to statements of personal worth or personal financial data, including, but not limited to, wills, trusts, account statements, earnings statements, or other similar records and personal information as defined by Section 1798.3 of the Civil Code, (18) General public interest exemption. Gov't Code § 7922.540. In cases where a specific statutory exemption does not apply, a record still might be exempt from disclosure if: on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.,17 The numerous cases examining this "balancing test" make it clear that the burden is on the local agency to show that the public interest in confidentiality outweighs the public interest in disclosure. In fact, given the public policy involved, courts demand a demonstration of "clear overbalance" to justify non-disclosure.,18 116 Note, however, that at least one court has indicated that this law may be unconstitutional where applied to prohibit the publication of contact information that is truthful information about a matter of public concern where the information published was lawfully obtained. Publius v. Boyer -Vine, 237 F. Supp. 3d 997, 1016, 1021 (E.D. Cal. 2017). 117 Gov't Code § 7922.000 and 7922.540. 118 City of Hemet, 37 Cal. App. 4th at 1421; see also Black Panther Party, 42 Cal. App. 3d at 657. Public Records Act Page 25 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act In practice, very few local agencies have been able to convince reviewing courts that the public interest in confidentiality outweighs the interest in disclosure. In the absence of a specific statutory exemption, this "catch-all" distinction rarely has been successfully relied upon to justify nondisclosure. Thus, local agencies must in good faith find a relatively rare "clear overbalance" to justify confidentiality on this ground.119 The right of privacy may provide a basis to shield disclosure of information under Government Code Section 7922.540. For example, relying on the right of privacy, the California Supreme Court ruled that disclosure of raw automated license plate reader data collected by a police department was protected from disclosure under this catch-all exemption.12o The unaltered license plate scan data consisted of the plate number, date, time, and location information of each license plate record.121 The Supreme Court found that the act of revealing the data would jeopardize the privacy of everyone associated with a scanned plate which was a significant threat to privacy because more than one million scans were conducted per week, and on that basis concluded that the public interest in preventing such disclosure "clearly outweighs the public interest served by disclosure of" these records. 122 In a recent case during the COVID-19 pandemic, an appellate court upheld San Diego County's withholding of the specific location of COVID-19 outbreaks from a "confirmed outbreaks spreadsheet" disclosed to news media under the catchall exemption.123 The county provided uncontradicted evidence from the public health officer that disclosing the exact name and address of an outbreak location would have a chilling effect on the public's willingness to cooperate with contact tracing efforts.124 The court ruled that the value of the county's ability to conduct effective contact tracing clearly outweighed the public's interest in obtaining information about the exact outbreak locations, concluding that the evidence did not support the news media's contentions that a member of the public can better avoid COVID-19 infection if he or she knows of the particular locations where outbreaks occurred.125 119 See, e.g., Michaelis, Montanari & Johnson v. Superior Court (City of Los Angeles Dept. of Airports), 38 Cal. 4th 1065 (2006) (holding under "catch-all" exemption that proposals for lease and development of a hangar facility at public airport were exempt from disclosure until City had completed negotiations where negotiations were part of the competitive process). 120 American Civil Liberties Union Foundation v. Superior Court, 3 Cal. 5th 1032, 1043-1044 (2017). 121 Id. at 1043. 122 Id. at 1044. 123 Voice of San Diego v. Superior Court of San Diego County, 66 Cal. App. 5th 669, 672-673 (4 Dist. 2021), review denied (Oct. 27, 2021). 124 Id. at 692-693. 125 Id. Public Records Act Page 26 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act Two other areas in which a public interest in nondisclosure has been upheld involve public records disclosure that would adversely affect the deliberative process of a local agency, or the personal security of a public official. In Times Mirror Co. v. Superior Court,126 for example, the State's refusal to release the Governor's schedule and appointment calendar out of concern for the Governor's personal safety was upheld. Additionally, the State asserted that the disclosure of appointment calendars and schedules would "chill the flow of information" to the Governor and inhibit the free exchange of ideas in private meetings. The breadth of the request, however, may affect the balancing of interests. The public interest in nondisclosure may be less where the request is carefully focused and confined to a few documents.127 The Governor's office won another Public Records Act case on the "deliberative process privilege" and the exemption for "correspondence of and to the Governor"128 justifications in 1998 when the office refused to disclose applications submitted to the Governor for an appointment to a vacancy on a board of supervisors.129 On the local level, a city's refusal to disclose the telephone records of council members was upheld to protect the same "deliberative process privilege."130 Far more often, however, courts have found the public interest in disclosure outweighs the interest in confidentiality. Similarly, the Attorney General has issued several opinions favoring disclosure. Some illustrative cases and Attorney General opinions in this area include the following: • Becerra v. Superior Court of City & Cty. of San Francisco (First Amendment Coalition et OQ131 Penal Code Section 832.7 generally requires disclosure of all responsive records in the possession of the Department of Justice, regardless of whether the records pertain to officers employed by the department or by another public agency and regardless of whether the department or another public agency created the records. Government Code Section 7922.540 may apply to records that are subject to disclosure under Penal Code Section 832.7, but while an agency may invoke the exception based on the concern that segregating nonexempt from exempt information would be unduly burdensome, for the exception to apply to withhold responsive records the agency must establish a clear overbalance on 126 Times Mirror Co. v. Superior Court (State of California), 53 Cal. 3d 1325 (1991). 127 Id. at 1344-46. 128 Gov't Code § 7928.000. 129 California First Amendment Coalition v. Superior Court (Wilson), 67 Cal. App. 4th 159 (3 Dist. 1998); see also Wilson v. Superior Court (Los Angeles Times), 51 Cal. App. 4th 1 136 (2 Dist. 1997), as modified. 130 Rogers v. Superior Court (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993). 131 44 Cal. App. 5th 897 (1 Dist. 2020). Public Records Act Page 27 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act the side of confidentiality. The Department of Justice failed to make such a sufficient showing, despite arguing they faced an "`onerous burden of reviewing, redacting, and disclosing records regarding other agencies' officers, which involves `potentially millions of records"' to disclose records under Penal Code Section 832.7. • Connell v. Superior Court (Intersource, Inc.)132 Records relating to unpaid state warrants are public records and must be disclosed. The public interest in disclosure outweighs the public interest in preventing possible fraud that could be assisted through the release of too much information about the State's warrant system. The fact that the request was made solely for commercial purposes and profit did not affect the balancing test.133 • Copley Press, Inc. v. Superior Court (M.P.R. - a minor)134 As a matter of law, no compelling reason exists to seal the court records of a settlement reached between the insurer for a school district and a minor student who was sexually assaulted at school. The amount of settlement is a matter of public record. • CBS, Inc. v. B/ock135 The possibility that public disclosure of applications for concealed weapons permits would discourage the filing of new applications, or that such disclosure might increase applicants' vulnerability to attack, did not justify nondisclosure. • Braun v. City of Taft (Polston)136 A City's nondisclosure of personnel records and letters appointing an employee and then rescinding the appointment was not justified by the theory that future applicants would not be candid if they knew personal information would be made public. 132 56 Cal. App. 4th 601 (3 Dist. 1997). 133 Government Code section 7921.300 states that the Public Records Act "does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure." 134 63 Cal. App. 4th 367 (4 Dist. 1998). 135 42 Cal. 3d 646 (1986). 136 154 Cal. App. 3d 332 (5 Dist. 1984). Public Records Act Page 28 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act • Humane Society of U.S. v. Superior Court (The Regents of the University of California)137 A public university's nondisclosure of certain information relating to an academic study was justified because the interest in protecting the academic research process outweighed the interest in public disclosure. Disclosure would "fundamentally impair" the academic research process and the public would suffer because the "`quantity and quality' of ... academic research on important issues of public interest would be adversely affected."138 • Los Angeles Unified School District v. Superior Court (Los Angeles Times) 139 A school district's decision to redact the names of teachers in a statistical model measuring each teacher's effect on students' standardized test scores was proper because the detrimental interference with the district's ability to function properly clearly outweighed the interest in public disclosure. The scores had already been released to the public categorized by school, grade, subject, and demographics; to require additional disclosure would sow discord among parents and teachers. • Long Beach Police Officers Assn. v. City of Long Beach (Los Angeles Times) 140 In a request by a newspaper for the names of peace officers involved in a fatal shooting, the California Supreme Court held that vague safety concerns - which apply equally to all officers involved in shootings that result in severe injury or death - were outweighed by the public's interest in such incidents.141 The California Supreme Court held that in order for names of peace officers involved in such incidents to be exempt from disclosure, there must be a particularized showing of safety concerns regarding those officers. • 90 Ops. Cal. Atty Gen. 40 (2007) County recorder's accounting records that include a payment receipt showing the documentary transfer tax amount is subject to inspection under the Public Records Act. While the statutory scheme allows the documentary transfer tax to appear on a separate paper rather than on the recorded property conveyance 137 214 Cal. App. 4th 1233 (3 Dist. 2013). 138 Id. at 1263. 139 228 Cal. App. 4th 222 (2 Dist. 2014). 140 59 Cal. 4th 59 (2014). 141 Since the Long Beach decision, amendments to Penal Code Section 832.7 require that peace officer records relating to an incident involving the discharge of a firearm at a person by a peace officer or custodial officer or an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or in great bodily injury must be made available to the public under the Public Records Act. Public Records Act Page 29 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act document, that procedure provides only limited privacy protection for property owners and does not make the documentary transfer tax amount confidential. • 81 Ops. Cal. Atty Gen. 383 (1998) Claims for senior citizens' exemptions from assessment of a parcel tax levied by a school district are subject to inspection by members of the general public. The concern that the residents' privacy would be compromised by solicitors targeting senior citizens was insufficient to overcome the public interest in disclosure. X. WHAT IS THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST? The following is a brief outline of the proper response procedure, as required by Government Code Sections 7922.525 et seq. A. The agency has ten calendar days to determine whether to grant the request. Grounds for refusing a request include: • The request does not seek records which are "reasonably segregable" from records which are exempt from disclosure;142 • The request does not reasonably describe an identifiable record;143 • The request would require the agency to create new records not currently in existence; or144 • The request seeks records which are exempt from disclosure.145 Note, however, that the Public Records Act requires the disclosure of "reasonably segregable" portions of records. This means that if portions of a record are exempt and other parts of the same record are not, the non-exempt portions of the document must be disclosed.146 142 Gov't Code § 7922.525. 143 Gov't Code § 7922.530(a). 144 Based upon the definition of "writing," Gov't Code § 7920.545, and the requirement that a requested record be "identifiable," Gov't Code § 7922.530(a). See note 22. 145 Gov't Code § 7922.530(a). 146 Gov't Code § 7922.525. Public Records Act Page 30 © 2023 Richards, Watson & Gershon 2769535 Part One: Comoliance with the Public Records Act B. In "unusual circumstances" the agency may take up to an additional 14 calendar days to make the determination whether to grant the request. "Unusual circumstances" must be one of the following: • The need to search for and collect the requested records from field facilities or other locations separate from the office processing the request;147 • The need to search for, collect, and examine a voluminous amount of separate and distinct records demanded in a single requesl;148 • The need for consultation with another agency having a substantial interest in the request or among two or more components of the agency having an interest in the subject matter of the requesl;149 or • The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.l5o If the agency intends to use this additional time to respond, the agency must provide written notification to the requester that the additional time is required, the reason for the delay, and the date on which a determination will be given.151 C. When the agency has made a determination, the requester must be promptly notified of the agency's determination. This notification should be in writing and should include the following information: • Whether the request is being granted or denied;152 • If the request is being granted, the estimated date and time when the records will be made available (or where the records are located on the agency's website);153 147 Gov't Code § 7922.535(c) (1). 148 Gov't Code § 7922.535(c) (2). 149 Gov't Code § 7922.535(c) (3). 150 Gov't Code § 7922.535(c) (4). 151 Gov't Code § 7922.535(b). 152 Gov't Code § 7922.535(a). 153 Gov't Code § 7922.535(a). Public Records Act Page 31 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act • If the request was made in writing and is being denied, in whole or in part, the response must be in writing and include the extent and the reasons for the denial;154 • The name and title or position of the person responsible for the denial;155 • The cost or an estimate of the cost of copying the records, if a copy is requested, and a request for pre -payment. Note that this is only the direct cost of duplication, or a statutory fee, if applicable, and does not include staff time to research, retrieve, or compile the records.156 However, if the document requested is in electronic form, the agency may charge the full cost of reproducing the document when the record is one that is produced only at otherwise regularly scheduled intervals, or the request would require data compilation, extraction, or programming to produce the record.157 • The option to inspect the requested records at a mutually convenient time during office hours.158 • A requester who inspects a disclosable record on the agency's premises has the right to use their own equipment on those premises, within reasonable limits necessary to protect the safety of the records or to prevent unnecessary burden on the orderly function of the agency and its employees, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record.159 • If in response to a public records request the agency directs a member of the public to the location of that public record on its website, the agency must still promptly provide a copy of the record itself if the member of the public requests a copy due to his or her inability to access or reproduce the public record from the website.160 154 Gov't Code §§ 7922.540, 7922.535. 155 Gov't Code §7922.540(b). 156 Gov't Code § 7922.530(a); North County Parents Organization v. Dep't of Education, 23 Cal. App. 4th 144 (4 Dist. 1994). 157 Gov't Code § 7922.575 ; see also Nat'I Lawyers Guild v. City of Hayward, 9 Cal. 5th 488 (2020) (finding that retrieving and editing raw video footage in response to a public records request does not qualify as "data extraction" within the meaning of the Public Records Act and therefore public agencies may not recover their costs for that process). 158 Gov't Code § 7922.525. 159 Gov't Code §7922.530(c). However, Health and Safety Code Section 19851 provides separate procedures for obtaining duplicates of official copies of building plans. 160 Gov't Code §7922.545. Public Records Act Page 32 © 2023 Richards, Watson & Gershon 2769535 Part One: Comoliance with the Public Records Act D. In addition to the above requirements, if the local agency determines that the request should be denied and the reason for the denial is not solely because of a statutory exemption, the agency must also: • Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated;161 • Describe the information technology and physical location in which the records exist;162 • Provide suggestions for overcoming any practical basis for denying access to the records or the information sought.163 Alternatively, a local agency may forego these requirements if it instead makes available an index of the record.164 E. Upon payment of the cost of duplication, the agency must make the records "promptly available."165 F. Please note that the agency may not use this procedure to "delay or obstruct the inspection or copying" of public records.166 G. The local agency may provide guidelines for "faster, more efficient, or greater" access to records than provided by the Act.167 XI. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT? Unlike other open government laws, the Public Records Act does not criminally penalize a local agency for its failure to comply with the Act. Nor does it subject a local agency to money damages for a violation.168 However, if a person requesting public records believes records have been improperly withheld, he or 161 Gov't Code § 7922.600. 162 Gov't Code § 7922.600. 163 Gov't Code § 7922.600. 164 Gov't Code § 7922.605. 165 Gov't Code § 7922.530(a). 166 Gov't Code § 7922.500. 167 Gov't Code § 7922.505. 168 County of Santa Clara v. Superior Court (Naymark), 171 Cal. App. 4th 119, 130 (6 Dist. 2009). Public Records Act Page 33 © 2023 Richards, Watson & Gershon 2769535 Part One: Compliance with the Public Records Act she may ask a court to compel a local agency to disclose the records.169 Any person who prevails in enforcing his or her rights under the Act in court is entitled to receive court costs and reasonable attorneys' fees.170 Courts have deemed a person to be the "prevailing party" for purposes of awarding costs and fees if filing of the lawsuit motivated the local agency to produce any documents.171 The production of just one document can be sufficient to trigger an award of costs and fees.172 In the past, where the court determined the litigation was not what ultimately motivated the release of records, costs and fees were denied.173 One court held that an award of attorneys' fees was appropriate even though no additional records were produced as a result of the lawsuit.174 The local agency in that case had repeatedly refused to accept a requester's oral request to inspect public records and forced the requester to make her request in writing, constituting a general denial of access to all public records and justifying an award of attorneys' fees under the circumstances. XII. CONCLUSION This Handbook provides a brief overview of some of the most important provisions of the Public Records Act that frequently arise for local government agencies. There are, however, many other provisions not covered by the scope of this Handbook. Additionally, each factual situation contains nuances specific to the particular situation that may impact the analysis. Because it is important to comply with the Public Records Act within a relatively short time frame, it is critical to seek the advice of counsel if there is any question as to the appropriate course of action. 169 Gov't Code §§ 7923.000 and 7923.005; see also Stevenson v. City of Sacramento, 55 Cal. App. 5th 545 (3 Dist. 2020) (appellant seeking injunctive relief under Gov't Code § 6258 [now §§ 7923.000 and 7923.005] may be required to post a bond pursuant to Cal. Civ. Code § 529 prior to the court issuing a preliminary injunction on appellant's behalf). 170 Gov't Code §7923.115. 171 Los Angeles Times v. Alameda Corridor Transportation Authority, 88 Cal. App. 4th 1381, 1391 (2 Dist. 2001); Rogers v. Superior Court, 19 Cal App. 4th 469, 482 (2 Dist. 1993); Nat'l Conference of Black Mayors v. Chico Cmty. Publ'g, Inc., 25 Cal. App. 5th 570 (3 Dist. 2018) (newspaper that fought third party effort to prevent disclosure of public records sought by the newspaper was not entitled to attorneys' fees under the Public Records Act because newspaper did not bring an action against the City to compel disclosure under the Act). 172 Los Angeles Times, 88 Cal. App. 4th at 1392. 173 Id. at 1391; Crews v. Willows Unified School District, 217 Cal. App. 4th 1368, 1381-82 (3 Dist. 2013). 174 Galbiso v. Orosi Public Utility District, 167 Cal. App. 4th 1063, 1086-1089 (5 Dist. 2008). Public Records Act Page 34 © 2023 Richards, Watson & Gershon 2769535 PART TWO. ELECTRONIC RECORDS Public Records Act Page 35 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records ELECTRONIC RECORDS Advances in computer technology have significantly altered the method of communication with and between public officials and employees, but these technological developments have outpaced public records legislation. Email, electronic documents created on word processors, and web pages (including social media pages) do not readily fit into the categories of disclosure under decades -old laws. The courts have had to fit the round peg of electronic documents into the square hole of state law on several occasions. In Aguimatang v. California State Lottery, the Court of Appeal rejected a defendant's argument that the plaintiff's computer records "were not made at or near the time of the event" and therefore did not qualify as an admissible "writing" under the evidentiary rules for business records.15 The records were recorded on magnetic tape on the day the events of the case took place, but were not printed out until twenty-two months later. The court concluded that the magnetic tape, not just the printout, constituted a "writing" under the Evidence Code: Chanquin cites no authority holding that the retrieval, rather than the entry, of computer data must be made at or near the time of the event. Thus, although to qualify as a business record the "writing" must be made at or near the time of the event, "writing" is not limited to the commonly understood forms of writing but is defined very broadly to include all "means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof." Evid. Code § 250. Here, the "writing" is the magnetic tape. The data entries on the magnetic tapes are made contemporaneously with the Lotto transactions, hence qualify as business records. The computer printout does not violate the best evidence rule, because a computer printout is considered an "original." Evid. Code § 255.16 Similarly, in People v. Martinez, the California Supreme Court held that records from a state computer system of a defendant's prior criminal convictions were admissible as "official records" under the Evidence Code.177 In an attempt to catch up, in 2002 the Legislature enacted Assembly Bill 1962 ("AB 1962"), modifying the definition of "writing" under the Public Records Act and the Evidence Code to include "photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any 15 Aguimatang v. California State Lottery, 234 Cal. App. 3d 769 (3 Dist. 1991). 176 Id. at 798. 177 People v. Martinez, 22 Cal. 4th 106 (2000). Public Records Act Page 36 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof," and clarifying that the definition applied "regardless of the manner in which the record has been stored." 178 The legislative reports for AB 1962 cited to Aquimatang and Martinez to establish that the amendment was declaratory of existing law. The reports also observed that in an earlier case, a court of appeal stated that the definition of writing in the Public Records Act was "intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record -keeping instrument as it is developed." 19 Under the 2002 legislation, emails and other electronic documents are records subject to disclosure and present their own unique issues for local governments. In 2009, the State Legislature enacted rules relating to the discovery of electronically stored information, similar to the rules enacted by the Federal Government in 2006. In 2006, the Federal Rules of Civil Procedure were revised to require parties in federal lawsuits to address the production and preservation of electronic records.180 Under the 2006 Rules, a public entity should have an electronic retention practice and policy that ensures that electronic documents relevant to federal litigation are appropriately preserved. Rule 37 of the Federal Rules of Civil Procedure authorizes federal courts to impose sanctions on parties and their attorneys who fail to comply with discovery obligations and court orders. City websites, in turn, raise questions about public rights of access. Websites are an important means of providing residents with access to information. An improperly framed policy on website use, however, could result in violations of the Brown Act, infringe upon residents' First Amendment rights, and even violate disability access laws. Consequently, it is important to establish clear policies governing website design and use. This Part Two on Electronic Records will begin by discussing the types of email that are public records, and what exemptions under the Public Records Act might justify nondisclosure. Other unique issues raised by the use of email are also explored, such as emails sent or received by public officials and employees on nongovernmental accounts, email threads and the potential risk of using email to create an unlawful serial meeting under the Brown Act. We then look at the Public Records Act requirements for disclosure of other types of electronic records, including Geographic Information Systems. 178 Stats. 2002, c. 945 (A.B. 1962—Hollingsworth) (amending Gov't Code § 6252 and Evid. Code § 250). 179 Assembly Committee on Judiciary, Report on AB 1962, May 14, 2002 (citing San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 774 (1 Dist. 1983)). 180 Fed. R. Civ. P. 26. Public Records Act Page 37 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The discussion then turns to other concerns raised by electronic records, including litigation discovery and metadata. We close with a discussion of city websites, including some of the legal issues that a public entity should consider when establishing and running a website. I. EMAIL Given that email can be a public record under Government Code Section 7920.545, in most circumstances a public entity is under an obligation to disclose email upon request. However, there are a number of complications, and despite AB 1962's attempt to respond to the changed method of communication, the bill provided nothing in the way of specifics. A. Is the Email a Public Record? Under the Public Records Act, certain exemptions might apply to justify withholding an email. But a fundamental question - one that must be considered before determining whether an exemption applies - is whether the document qualifies as a "public record" of the local agency. (1) Personal Messages Documents disclosable under the Public Records Act must be "prepared, owned, used, or retained by any state or local agency," and must contain information "relating to the conduct of the public's business."181 Although this covers a very broad range of documents, it does not cover every document. For example, emails on entirely personal subjects unrelated to local agency business would not relate to the conduct of the public's business, and therefore would not constitute "public records" under Section 7920.530.182 A harder determination is whether a personal email that only mentions a city issue in passing would relate to the conduct of the public's business. In 2017, the California Supreme Court held the determination of whether a particular email qualifies as a public record, particularly for emails kept in personal accounts, will involve the consideration of a number of factors and may not always be clear.183 The court suggested examining the content and context of the email, the purpose for which it was written and to whom, and whether the email was prepared by an employee purporting to act within the scope of his or her employment.184 181 Gov't Code § 7920.530(a). 182 City of San Jose, 2 Cal. 5th 608, 618-19. 183 Id. at 618. 184 Id. Public Records Act Page 38 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records (2) Emails Sent or Received Using Personal Devices and Personal Accounts Staff frequently asks whether emails sent or received on a nongovernmental account (such as personal Gmail, Yahoo Mail, or Hotmail accounts), or from a home computer or smartphone, and which pertain to local agency business, qualify as a public record. The California Supreme Court decided this very issue, and held in a unanimous decision that the presumptive right of access of the PRA extends to emails and texts sent or received on nongovernmental accounts, whether on private or government -issued devices, used by local agency employees or officials that relate to the business of that local agency.185 In City of San Jose v. Superior Court, a request for 32 categories of public records was filed with the City of San Jose.186 The request included emails and text messages sent or received on private electronic devices used by the mayor, two City council members, and their staff.187 The City argued such emails were outside the reach of the PRA, both because the emails were not directly accessible to the City and thus did not qualify as writings "prepared, owned, used or retained" by the City under the Section 7920.530 definition of "public records," and because neither employees nor officials are included within the governmental entities listed in the definition of "local agency" under Section 7920.510.188 The Court found neither argument persuasive when considering the legislative intent of the PRA and the constitutional directive to a broadly construed right of public access.189 The California Supreme Court found no indication "the Legislature meant to allow public officials to shield communications about official business simply by directing them through personal accounts."190 The court did acknowledge the inherent balance that must be struck between the public's rights of access and an individual employee's or official's right of privacy, and sought to offer some limited guidance for how searches should be conducted for records sent or received on nongovernmental accounts that pertain to the public's business.191 Foremost, the California Supreme Court stated it is the local agency itself that is in the best position to adopt policies that will reduce the likelihood of public records being held in the private, nongovernmental accounts of local agency employees 185 Id. at 629. 186 Id. at 614. 187 Id. at 615. 188 Id. at 619-20. 189 Id. at 620-21. 190 Id. at 624. 191 Id. at 627-29. Public Records Act Page 39 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records or officials that pertain to the public's business.192 Barring such a policy, the court stated that a local agency's first step upon receiving a PRA request that implicates nongovernmental accounts should be to communicate the request to the individual or individuals in question.193 A local agency may then reasonably rely on those individuals "to search their own personal files, accounts and devices for responsive material."194 Citing both federal precedent under the FOIA and a holding by the Washington Supreme Court under its state public records law, the California Supreme Court also discussed an employee or official submitting an affidavit that would give the local agency, requester, and ultimately the trial court reassurance that responsive records were appropriately searched on nongovernmental accounts.195 Such an approach also strikes "an appropriate balance" with the individual's right of privacy in their personal affairs.196 The California Supreme Court's ruling in City of San Jose v. Superior Court is likely to have far-reaching consequences for public agencies; however, a number of questions remain unanswered by the court's decision. Since the City of San Jose refused to produce any emails from a nongovernmental account in response to the original PRA request, disputes over the content of specific emails and whether or not they fall under the definition of "public record" will likely be decided in subsequent proceedings.197 Similarly, the decision does not address at what point a suggested search in response to a PRA request would become an unwarranted invasion on the privacy of a local agency employee or official.198 In responding to requests for communications sent or received on an individual's nongovernmental account, it is advisable to consult with your legal counsel. Counsel should also be consulted if an agency requires access to potentially responsive documents or communications that are on an employee's private device and not accessible to the agency (for example, documents saved on an employee's home computer hard drive). Our office is also available to help draft policies on how to reduce the likelihood that public records will be held in an agency employee's or official's private nongovernmental account, how to conduct searches into nongovernmental accounts when necessary, and how to work with employees so the employees properly search their private, nongovernmental computers and smartphones, when necessary.199 192 Id. at 628. 193 Id. 194 Id. 195 Id. 196 Id. 197 Id. at 618. 198 Id. at 627. 199 Private, nongovernmental devices should never be seized by the agency, or accessed without the employee's consent, even if the agency believes the device contains material responsive to a PRA request. Public Records Act Page 40 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records B. Some Email may be Protected by the Deliberative Process Privilege or Mental Process Principle Emails differ from traditional printed documents: they may be prepared quickly and sent without proofreading, they may be conversational, or they may substitute for face-to-face or telephone communications. As described by the California Supreme Court, "the ease and immediacy of electronic communication has encouraged a commonplace tendency to share fleeting thoughts and random bits of information, with varying degrees of import, often to broad audiences."too As a result, they often reflect preliminary ideas and concepts, and may be subject to the deliberative process privilege, which was mentioned earlier in the discussion on the Public Records Act.2o1 Alternatively, the mental process principle may provide a basis for withholding emails. Before applying the deliberative process privilege to emails sent to a legislative body member, you should familiarize yourself with the Brown Act requirements regarding disclosure, discussed below in Section G. The deliberative process privilege and the mental process principle are very similar, and sometimes courts blur the distinction. Generally speaking, the deliberative process privilege is targeted at protecting from disclosure the decision making process of governmental agencies. Without that protection, candid discussion may be discouraged within an agency, thus undermining its ability to perform its functions.202 It is sometimes referred to as the "executive privilege, "203 but has been applied to records of both the executive branch (e.g., the governor) and the legislative branch (e.g., a city council).204 The mental process principle, on the other hand, appears to apply only to the members of an agency's legislative body when those members are enacting legislation, and protects from disclosure those records that would allow an inquiry into the "subjective motives or mental processes of legislators."205 The deliberative process privilege uses a balancing test, whereas the mental process principle does not, making the mental process principle exemption less subjective.206 (1) Deliberative Process Privilege Although the Public Records Act does not expressly contain a deliberative process exemption, the California Supreme Court held in 1991 that public records 200 1d. at 618. 201 See pages 20 and 24 of this Handbook. 202 Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325, 1342 (1991). 203 Sutter's Place v. Superior Court (City of Son Jose), 161 Cal. App. 4th 1370, 1378 (6 Dist. 2008). 204 Times Mirror Co., 53 Cal. 3d at 1345-46 (governor's calendars and schedule); Rogers v. Superior Court (City of Burbank), 19 Cal. App. 4th 469, 479 (2 Dist. 1993) (city council phone records). 205 Sutter's Place, 161 Cal. App. 4th at 1377. 206 1d. at 1377, 1379. Public Records Act Page 41 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records may be withheld on deliberative process grounds.207 The deliberative process privilege arises under the "catch-all" exemption contained in Section 7922.540 of the Government Code. Under the "catch-all" exemption, a public agency may justify nondisclosure by showing "that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." To apply the deliberative process privilege: • First, consider whether the record falls within the scope of the privilege. Generally, records that are predecisional and deliberative (opinion) fall within the scope, but some courts have not strictly applied a predecisional requirement and have permitted purely factual material that exposes the deliberative process to fall within the privilege.208 • Second, identify the public interest served by nondisclosure of the record. Four public interests that have been identified by the courts are: (1) Protection of the agency's decision -making process so that candid discussion within the agency is not discouraged;209 (2) Protection of certain limited communications with members of the public to ensure that the local agency receives the information it needs to make decisions and otherwise function;210 (3) Protection against confusion caused by premature exposure of the public to internal agency discussions before a policy is finalized;211 (4) Protection of the integrity of the decision -making process itself by confirming that "officials should be judged by what they decided, not for matters they considered before making up their minds."212 • Third, identify the public interest served by disclosure of the record. Courts have emphasized that a primary benefit of disclosing a local agency's records to the public is to promote government accountability. The public and the media have a legitimate need to 207 Times Mirror Co., 53 Cal. 3d at 1347. 208 Rogers, 19 Cal. App. 4th at 479-480 (rejecting a predecisional requirement and withholding from disclosure pure facts, that is, telephone numbers called by staff and city council members). 209 Times Mirror Co., 53 Cal. 3d at 1342. 210 Id. at 1344-45 (disclosure of governor's schedule and appointment calendar would "chill the flow of information" to the governor and inhibit the free exchange of ideas in private meetings). 211 California First Amendment Coalition v. Superior Court (Pete Wilson), 67 Cal. App. 4th 159, 170 (3 Dist. 1998). 212 Id. (internal quotations and citations omitted). Public Records Act Page 42 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records know whether government officials are performing their duties in a responsible and diligent manner.213 "Such access permits checks against the arbitrary exercise of official power and secrecy in the political process."214 • Fourth, balance the two public interests, and withhold the record from disclosure only if the identified public interest justifying nondisclosure "clearly outweighs" the public interest justifying disclosure.215 In balancing the scales, the weight of an identified public interest in disclosure is "proportionate to the gravity of the governmental tasks sought to be illuminated and the directness with which the disclosure will serve to illuminate."216 Because the public interest in nondisclosure must "clearly outweigh" the public interest in disclosure, if the interests are just about equal, the scales tip in favor of disclosure. In California First Amendment Coalition v. Superior Court (Wilson), the plaintiffs sought disclosure of records containing the names and qualifications of applicants for a temporary appointment to a local board of supervisors.217 The Governor's office looked extensively into the applicants' backgrounds to determine whether they were qualified for the position. The court upheld nondisclosure of the records under the deliberative process privilege. It reasoned that if the deliberative process privilege did not apply, the Governor would never be able to perform background checks, which is an essential part of selecting an applicant for a government position.218 In balancing the interests, the court concluded that the public's interest in disclosure of background information revealed in confidence by unsuccessful applicants was not significant and that the public interest in learning about the successful applicant's background would be satisfied after the appointment.219 The First Amendment Coalition case shows that the deliberative process privilege can apply to communications where the public interest in disclosure of deliberations prior to a decision is not significant and the outcome of those deliberations is a matter of public knowledge. For instance, the public could ultimately learn a council member's views about an item the City council is deliberating by attending the public meeting on the item. In such a case, emails 213 Times Mirror Co., 53 Cal. 3d at 1345. 214 CBS v. Block, 42 Cal. 3d 646, 651 (1986). 215 Gov't Code §7922.000. 216 Citizens for a Better Environment v. Department of Food & Agriculture, 171 Cal. App. 3d 704, 715 (3 Dist. 1985). 217 California First Amendment Coalition, 67 Cal. App. 4th at 164. 218 Id. at 171-72 (quoting Times Mirror Co., 53 Cal. 3d 1325, 1345). 219 Id. at 173-74. Public Records Act Page 43 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records discussing preliminary ideas and concepts about the item may be subject to the deliberative process privilege. Another example is provided by Times Mirror Co. v. Superior Court.220 In that case, the Los Angeles Times sought copies of the governor's appointment calendars and argued that "in a democratic society, the public is entitled to know how [the governor] performs his duties ...... 221 Disclosure of who the governor met with would reveal who was influencing his decisions. The governor argued disclosure of his calendar would reveal his deliberative process, and could discourage certain people from meeting with him. In balancing these interests, the California Supreme Court concluded that nondisclosure was justified, reasoning that "if the public and the governor were entitled to precisely the same information, neither would likely receive it. "222 The court added that the "massive weight" of the request (five years' worth of calendars), outweighed whatever merit there was in favor of disclosure.223 The court noted, however, that there may be circumstances under which the public interest in specific information is more compelling, and such a specific, focused request might tip the scales in favor of disclosure.224 Courts have emphasized the need for evidence in order to satisfy the local agency's burden of proof. In Citizens for Open Government v. City of Lodi, the City of Lodi withheld from the administrative record emails between City staff and the City's consultants regarding preparation of a revised EIR.225 Citizen groups sued, challenging in part the administrative record. Lodi argued the emails were exempt from disclosure pursuant to the deliberative process privilege because disclosure would hamper "candid dialogue and a testing and challenging of the approaches to be taken.11226 The Court of Appeal disagreed, finding that Lodi had failed to establish the conditions for creating the privilege, because Lodi had done nothing more than cite the policy behind the deliberative process privilege without explaining why the facts in this particular case justified invocation of the privilege.227 However, because the Court of Appeal was deciding the case under the California Environmental Quality Act ("CEQA"), and not the Public Records Act, the Court found there was no prejudice and refused to reverse the lower court's ruling.228 220 Times Mirror Co., 53 Cal. 3d at 1344. 221 Id. 222 Id. at 1345. 223 Id. 224 Id. at 1345-1346. 225 Citizens for Open Government v. City of Lodi, 205 Cal. App. 4th 296, 305 (3 Dist. 2012). 226 Id. at 306. 227 Id. at 307. 228 Id. at 311. Public Records Act Page 44 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records In comparison, the public entity in Humane Society of the United States v. Superior Court, provided detailed declarations from an employee and expert explaining why disclosing certain research documents would harm the research process.229 The Humane Society sought disclosure of certain records and communications related to the preparation of a study by the University of California involving housing of egg -laying hens, and the University claimed various privileges including deliberative process. The detailed declarations of the research project director submitted by the University seemed to sway the court; the court quoted them at length in the decision.230 One declaration explained how researchers at the University tried new ideas and approaches, frequently brainstorming by email, using shorthand expressions of incomplete thoughts. To be efficient, the researchers did not keep detailed records of how they communicated, and some lines of inquiry that began in email were further discussed and dismissed as part of hallway conversations. Because of that, much of what they said in emails would be easily misinterpreted. Additionally, mistakes along the way are part of the research process. The quality and quantity of work would be stifled if researchers were aware that their informal communications would be made available broadly. While the Humane Society tried to characterize the declaration as mere speculation, the court credited the declarant as an expert in the field, giving the declaration great weight.231 In balancing the public interests, the court concluded that disclosure of the emails "would fundamentally impair the academic research process."232 Given the pervasiveness of email today, the deliberative process privilege seems well -suited to protect predecisional email communications from disclosure. Nevertheless, California courts have approved the use of the deliberative process privilege sparingly, and require local agencies to provide particularized factual evidence in support of its use. Prior to invoking this privilege, it is advisable to consult your legal counsel. (2) Mental Process Principle The Public Records Act exempts from disclosure those records that are exempted or prohibited from disclosure pursuant to federal or state law.233 Under California state common law, a court is prohibited from inquiring into the motives or 229 Humane Society of the United States v. Superior Court (Regents of the University of California), 214 Cal. App. 4th 1233, 1240 (3 Dist. 2013). 230 Id. at 1241-1244. 231 Id. at 1258. 232 Id. at 1263. 233 Gov't Code § 7927.705. Public Records Act Page 45 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records subjective mental processes of legislators in enacting a particular piece of legislation except as those motives may be disclosed on the face of the legislative acts, or inferred from their operation.234 This "mental process principle" permits a local agency to withhold public records that would reveal the mental processes or subjective motives of its legislative body members when they are acting in a legislative capacity. Unlike the deliberative process privilege, which relies on a balancing test,235 records reflecting the "mental processes" of legislators are not subject to a balancing test.236 Under applicable circumstances, the mental process principle may be used to justify nondisclosure of emails of legislative body members, such as city council members. For example, emails sent or received by a city council member could arguably be withheld under the mental process principle when they: (1) discuss the reason the member voted for or against a particular ordinance, (2) involve the gathering of information on which the member based their legislative decision, or (3) expose the motives for the member's vote on a legislative matter. C. Exception for Notes, Drafts and Interagency/Intra-agency Memoranda The deliberative process privilege may help a local agency keep sensitive emails from public disclosure, but a far more effective tool is to simply have a policy in place to regularly purge intra-agency or interagency emails that are not subject to the local agency's records retention schedule. Under the Public Records Act, " [p] reliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business" may not be subject to disclosure.237 A written policy of deleting emails more than 120 days old (or some similar duration) would help establish that emails are not retained "in the ordinary course of business." A software modification that automatically deletes older emails would ensure that they are not retained, provided staff is notified of the pending purge and takes steps to retain those emails that, based on their content, must be retained under the local agency's records retention schedule. There are a few caveats, however. First, note that deleting an email is not the end of the story. Popular email programs such as Microsoft Outlook have "deleted items" folders that retain messages for a time after "deletion," in order to give the user an opportunity to "undo" an accidental deletion. If a local agency received a request for an email that had been deleted, but was still on the computer in the "deleted items" folder, it technically would still be in the 234 Sutter's Place, 161 Cal. App. 4th at 1375. 235 Gov't Code § 7922.540. 236 See Times Mirror Co., 53 Cal. 3d at 1339 fn. 9-10 (noting that these records might arguably be exempt under the mental process principle through operation of Section 7927.705). 237 Gov't Code § 7927.500. For a discussion on the conditions that must be met to utilize Section 7927.500, see pages 10- 12 of this Handbook. Public Records Act Page 46 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records possession of the agency and may be subject to disclosure. To eliminate this potential issue from arising, an agency must ensure that the deletion becomes final and irreversible. If the agency desires or is required to save a copy of certain emails, then it should print and file such emails, or store them electronically in a location that is not subject to automatic purging. Second, note that the Section 7927.500 exemption is not absolute. The full text of the exemption provides that drafts, notes, and inter/intra-agency memoranda are nondisclosable "provided that the public interest in withholding those records clearly outweighs the public interest in disclosure." Accordingly, even emails "that are not retained by the public agency in the ordinary course of business" may be subject to disclosure, if the records were not deleted prior to receipt of the Public Records Act request, and a reviewing court concludes that the public interest in disclosure is not "clearly outweighed" by the interest in nondisclosure. This is a significant hurdle for a public agency to overcome. D. Additional Exemptions that may be Applicable to Email In addition to those described above, there are a number of other exemptions that may be applicable to emails exchanged between employees or officials of a public agency. For example, emails to and from legal counsel may be protected by the evidentiary privileges recognized under Section 7927.705; certain personal financial data may be exempt under Section 7925.005; and personnel and medical files may be withheld under Section 7927.700. The same care should be used in reviewing responsive emails as any other material that may be subject to disclosure, and Part One, Section IX (What Public Records are Exempt from Disclosure under the Public Records Act?) of this Handbook should be consulted for additional information. Public Records Act Page 47 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records E. The Problem with Threads Emails elicit a response. The response typically elicits another response. If multiple people received the message, responses from all of the recipients are common. And, in all of those responses, the original message is typically quoted, either in part or in full, generating a "thread" of messages. The question necessarily arises, when there is a thread of 20 messages, and one of them is responsive to a public records request, must the other 19 messages also be produced? For example, a resident makes a request for all emails discussing the possible construction of a new library and locates the following thread: Only the oldest two messages (sent at 12:00 and 12:05) refer to the study session on the library construction. The rest of the messages are on a different topic, a topic that may be politically sensitive. Nevertheless, all of the responses to the original message included a copy of the original message and every message Original Message From: City Clerk To: Joe Employee, lane Emplc Manager Date: April 2, 2022 12:05 p.m. Subject: RE: Question I think the study session on the new library is next month. It will be at the same meeting as we discuss Council compensation. Original Message From: Joe Employee To: lane Employee, City Clerk, City Manager Date: April 2, 2022 12:00 p.m. Subject: Question that followed it, and so they all contain a reference to the library construction. As a result, it would be difficult to argue that only the 12:00 and 12:05 messages should be disclosed if this is the only copy of the email available. On the other hand, if an earlier version of the email containing only the oldest two messages is available, a local agency could argue that the thread containing all five messages may be withheld. So long as the earlier version of the two responsive emails is disclosed, the email discussing employee compensation is only a duplicate of the oldest two messages. The subsequent messages are not responsive to the request. The Public Records Act does not require disclosure of all duplicates of a responsive record. Keep in mind, however, two important considerations. First, while one appellate court has ruled that non -responsive information may be redacted from emails exchanged between two agency employees, if challenged in court, a public agency will have to explain in detail Public Records Act Page 48 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records the information that was redacted.238 Second, in litigation, a different standard may apply and all versions of the email may have to be disclosed. One way to avoid the problem is to configure email so previous messages are not quoted in replies sent by staff. Under the example above, if the local agency did not allow quoted messages in replies, the first two messages mentioning the library construction would be disclosed as "stand-alone" emails, but the later messages regarding compensation would not because they would no longer be integrated into the prior emails. Accordingly, a city should balance its concern in avoiding unwanted disclosures against the usefulness of having an entire thread available, and may wish to consider configuring email programs to eliminate quoting emails in replies. F. Risk of Serial Meetings Beyond the Public Records Act concerns, the use of email presents a significant opportunity for "serial meetings" prohibited by the Brown Act. A serial meeting is a series of meetings or communications not held at a noticed, public meeting in which ideas are exchanged among a majority of a legislative body directly or through intermediaries to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body."239 Prior to January 1, 2009, the Brown Act specifically forbade the use of technological devices to conduct those communications. In interpreting the prior version of this Brown Act provision, the California Attorney General opined that email is one of these "technological devices."240 The 2009 amendments to the Brown Act provisions regarding serial meetings included the removal of the phrase "technological devices" and other specific types of communications, and the insertion in their place of "a series of communications of any kind, directly or through intermediaries."24, At the time of the 2009 amendments, it was considered unlikely that the legislature, in omitting the phrase "technological devices" and expanding the scope to any kind of communication, intended to exclude email from coverage under the Brown Act. Subsequently, Assembly Bill 992, passed in 2020 and effective January 1, 2021, amended certain provisions of the Brown Act until January 1, 2026 to clarify allowable uses of social media under the Act. As amended by AB 992, the Brown Act regulates social media posts to prevent serial meetings.242 238 American Civil Liberties Union of Northern California v. Superior Court (California Dept. of Corrections and Rehabilitation), 202 Cal. App. 4th 55, 82-86 (1 Dist. 2011). 239 Gov't Code § 54952.2(b)(1). 240 84 Ops. Cal. Atty Gen. 30 (2001). 241 Stat. 2008, c. 63, sec. 3 (S.B. 1732 -- Romero (amending Gov't Code § 54952.2). 242 Stat. 2020, c. 89, sec. 1 (A.B. 992 -- Mullin (amending Gov't Code § 54952.2). For further discussion of use of social media and the Brown Act, please see the 2023 Brown Act Handbook, Part One, Section VII(D) (© 2023 Richards, Watson & Gershon). Public Records Act Page 49 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The primary mechanism for creating serial meetings via email is through the use of "reply all." For example, if a public employee sends an email to an entire city council, and then one of those council members replies to the entire list of recipients, then a communication would have taken place between a majority of the city council. If the purpose of the council member's reply was to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body," the communication would constitute a serial meeting in violation of the Brown Act.243 Accordingly, public officials must endeavor to use "reply all" sparingly, if at all. A "reply all" congratulating a council member for receiving an award would be permissible; a "reply all" expressing an opinion about an issue within the subject matter jurisdiction of the City council would not. G. Disclosure Requirements for Documents at Meetings Although the deliberative process privilege may apply to many emails, note that the privilege is unlikely to apply if an email concerns an issue under consideration by a legislative body and a majority of the body receive the email. The Brown Act states that notwithstanding the "catch-all" exception in the Public Records Act, "or any other law," any writings distributed to a majority of a legislative body in connection with a matter subject to discussion or consideration at an open meeting of the body are disclosable.244 The statute goes on to clarify that it does not overrule the exceptions for drafts, documents related to pending litigation, personnel files, medical files, and a number of other exceptions, but it does expressly overrule the "catch-all" provision on which the deliberative process privilege is based. Note that Section 7927.705, under which the mental process principle is applied, is not overruled by the Brown Act, and still would be applicable.245 Unlike records disclosable under the Public Records Act, which gives public entities ten days to respond to a request and additional time to produce the documents, a public agency must produce documents under this section of the Brown Act "without delay."246 In addition, if the email is created by the public agency or a member of the legislative body, it must be made available for inspection at the meeting.247 Emails not drafted by the public agency or its legislative body must be made available after the meeting. This is particularly relevant to emails sent to council members on smartphones, iPads and similar devices, given that a council member could potentially send an 243 Gov't Code § 54952.2(b)(1). 244 Gov't Code § 54957.5. 245 Gov't Code 54957.5 (a). 246 Id. 247 Gov't Code § 54957.5(c). Public Records Act Page 50 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records email to other council members while a meeting is going on. Under this section of the Brown Act, an attentive member of the public could insist that they be provided a copy of that email, at the meeting, if the council member sent it to a majority of the other council members. Accordingly, members of a legislative body should consider carefully the consequences of sending an email via smartphone, iPad or other device at a public meeting prior to doing so. The informality of emails makes them particularly prone to statements that would not be put into conventional written documents. The only certain means of avoiding unwanted disclosure, of course, is simply not to write the email in the first place. II. DOCUMENTS CREATED USING WORD PROCESSORS, GIS AND OTHER SOFTWARE A. Disclosure Requirements (1) Public Records Act Electronic records are subject to disclosure under the Public Records Act pursuant to Sections 7922.570-7922.585 of the Government Code. A public agency that has information constituting a public record in an electronic format must make that information available in electronic form upon request.248 An agency is not required to reconstruct an electronic record if it is no longer available in that format.249 An agency may inform a requester that a requested record is available in electronic format, but the agency is prohibited from adopting a policy of only making information available in electronic format.250 On the other hand, not every piece of data stored on a computer readily fits the definition of "record." Unlike word processing documents, information stored in a database or a spreadsheet, for example, may only be displayed in response to the user entering a formula or query. For such data, there are special statutory provisions. With conventional (printed) documents, the public agency may only charge for the direct cost of duplication, not including staff time to research, retrieve or compile the records.251 For electronic records, however, the agency may charge the full cost of reproducing the document if the record is one that is otherwise produced only at regularly scheduled intervals, or the request would 248 Gov't Code § 7922.570. 249 Gov't Code § 7922.580. 250 Gov't Code § 7922.570(c), 7922.580(b). 251 Gov't Code § 7922.530(a); North Cnty. Parents Organization v. Dept. of Education, 23 Cal. App. 4th 144, 147-148 (3 Dist. 1994) (direct costs do not include the ancillary tasks necessarily associated with the retrieval, inspection, and handling of the file from which the copy is extracted). Public Records Act Page 51 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records require data compilation, extraction, or programming to produce the record.252 However, in National Lawyers Guild v. City of Hayward, the California Supreme Court recently held that the phrase "data extraction" in this context does not cover the costs of redacting exempt material from digital police body camera footage.253 The court reasoned that data "extraction" is a technical process of retrieving responsive information to construct a new record, while redacting exempt material from electronic records is similar to other redactions for which costs are not recoverable.254 As such, public agencies may not recover costs for redacting exempt material from otherwise disclosable electronic records. Many public agencies now possess Geographic Information Systems ("GIS") that allow them to collect, manage and analyze large volumes of geographically referenced information. Whether this electronic information is a public record that is subject to disclosure has been the subject of controversy, mainly because public agencies have charged licensing fees to businesses that wanted a copy. Public agencies have argued that the monies recovered from those licensing fees are necessary to support the development and maintenance of the GIS. In 2013, the California Supreme Court disagreed with that argument. In Sierra Club v. Superior Court, the Court held that a GIS-formatted database is a public record that, unless otherwise exempt from disclosure, must be produced upon request and the local agency may only charge the actual cost of duplication.255 The County of Orange had argued that its GIS database was not a public record. The court disagreed that former Section 6254.9 (now Section 7922.585) excluded a GIS database from the Public Records Act's disclosure requirements, and concluded that, because the County had not claimed any exemption to justify nondisclosure, the County of Orange could only charge the direct cost of duplication for its GIS database.256 Note, however, that the California Supreme Court was careful to distinguish the database from the software - the mapping system itself was exempt from disclosure under another provision in the Public Records Act.257 The statute expressly exempts computer mapping systems, computer programs, and computer graphic systems, and states that nothing in the statute is intended to 252 Gov't Code § 7922.575. 253 9 Cal. 5th 488 (2020). 254 Id. at 500. 255 Sierra Club v. Superior Court (County of Orange), 57 Cal. 4th 157, 161 (2013). 256 Id. at 175, 176 257 Gov't Code § 7922.585(b) ("Computer software developed by a state or local agency is not itself a public record under this chapter."). Public Records Act Page 52 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records limit any copyright protections. Accordingly, a requester may not seek to obtain the software that creates the records, only the records themselves.258 The Public Records Act not only exempts computer software as discussed above, but also a public agency's information security record, if that record has the potential to reveal vulnerabilities or otherwise increase the possibility of an attack on that public agency's information technology system.259 However, the Public Records Act also requires local agencies (except local educational agencies) to create a catalog of "enterprise systems," that must be publicly available on the local agency's website and updated annually.260 An enterprise system is defined as a "software application or computer system that collects, stores, exchanges and analyzes information" used by the local agency as a system of record, and acts either across multiple agency departments, or collects information about the public.261 While Section 7922.710 requires a city to list these enterprise systems as defined, it does not require a city to disclose the information collected, stored, exchanged and analyzed by the software application or computer system if that information is otherwise exempt under the Public Records Act. Further, a number of enterprise systems may be excluded from a local agency's listed catalog, such as systems related to 911 dispatch or emergency services, information technology security systems (including firewalls and other cybersecurity systems) and infrastructure and mechanical control systems (for example, systems that manage water or sewage functions).262 Note that the Public Records Act does not contain exceptions for public records created on social media.263 If a social media post is "prepared, owned, used, or retained by any state or local agency," and contains information "relating to the conduct of the public's business,"264 it is a public record and is thus subject to disclosure under the Public Records Act, and should also be retained accordingly. This applies to social media posts made by a public entity, including posts by public entity employees and/or officials, and may also apply to posts made by members of the public on social media pages operated by the public entity. Depending upon the volume of social media posts a public entity produces, it may be difficult to review all posts and comments made on the public entity's social media page to determine whether any given post meets the legal definition of a public record. Additionally, there may be practical issues with 258 Sierra Club, 57 Cal. 4th at 170-171; see also Gov't Code § 6254.9(b). 259 Gov't Code § 7929.205. 260 Gov't Code §§ 7922.710 and 7922.715. 261 Gov't Code §§ 7922.700 and 7922.705 (also defining "system of record" as "a system that serves as an original source of data within an agency"). 262 See pages 138-139 of this Handbook. 263 Social media is subject to regulation under the Brown Act, pursuant to Assembly Bill 992, enacted in 2020 and effective January 1, 2021 through January 1, 2026. See Stat. 2020, c. 89, sec. 1 (A.B. 992 -- Mullin (amending Gov't Code § 54952.2). 264 Gov't Code § 7920.530. Public Records Act Page 53 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records retaining social media records. Capturing and archiving images of social media posts may not be a sufficient retention method, because the image would not preserve metadata, subsequent comments, and other interactive features. Archiving these features can be challenging, because social media posts typically are not hosted or archived on storage systems owned by the public entity. Creating independent storage systems for all social media posts may be cost -prohibitive for public entities. These factors can make it difficult to determine which social media posts need to be retained, and whether a public entity's retention procedures adequately capture an entire social media record. Any concerns about retaining specific social media records should be discussed with the City attorney. (2) Federal Rule 26 In 2006, revisions to Rule 26 of the Federal Rules of Civil Procedure took effect that require parties in federal court to address the production and preservation of electronic records during the discovery phase of litigation. These rule changes did not require a local agency to alter its routine management or storage of electronic information, but does illustrate the importance of having formal written rules for retention of potentially relevant records and data when litigation occurs. It is firmly established that a duty to preserve evidence arises from the moment litigation is "reasonably anticipated."265 Once the duty to issue a legal hold is triggered, the party "must suspend its routine document retention/destruction policy and put in place a `litigation hold' to ensure the preservation of relevant documents."266 Discovery is the process by which parties involved in litigation in either state or federal courts obtain information from other parties. Under Rule 26, parties in a federal lawsuit may obtain discovery regarding any matter that is relevant to a claim or defense, so long as it is not privileged. According to Rule 26(a) what can be discovered includes "documents," "tangible things," and "electronically stored information," which is broadly defined as "any type of information that is stored electronically." Rule 26 regulates discovery in three major ways: a. Parties must address electronic discovery issues at the beginning of litigation, including the form in which electronic information will be 265 Rockman Company (USA), Inc. v. Nong Shim Company, Ltd., 229 F. Supp. 3d 1109, 1 122 (N.D. Cal. 2017). 266 Zubulake v. UBS Warburg, LLC, 229 F.R.D. 422, 432 (S.D.N.Y. 2004); accord In re Napster Inc. Copyright Litig., 462 F. Supp. 2d 1060, 1070 (N.D. Cal. 2006). Public Records Act Page 54 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records produced to the other party, the preservation of electronic information, and claims of privilege for electronic information; 267 b. Parties must produce relevant information from electronic sources that are "reasonably accessible," but may not have to produce information from older or backup systems if production would impose an undue burden or cost. The requesting party can, however, overcome a showing of undue burden or cost if they can establish "good cause" for doing so;268 and C. Privileges are retained for documents inadvertently disclosed. Such documents may be recalled by the disclosing party. In such cases, the privilege is not waived.269 The discovery rule does not require a local agency to alter its routine handling of electronically stored information prior to when litigation can reasonably be anticipated. The drafters of the rules recognized that electronic information might be routinely altered, purged or overwritten as part of a system's operation. Under 2006 revisions to Rule 37, the routine purging of outdated electronic information, including the "alteration or overwriting of information... to meet the party's technical and business needs" was permissible, if it was done in accordance with other laws, such as the records retention laws in Government Code Sections 34090-34090.8. Those sections permit a city, for example, to destroy certain city records that are "no longer required" and are more than two years old if authorized by a city council resolution and the written consent of the city attorney. Records that may not be destroyed include: real property title records, court records, records required to be kept by statute, records less than two years old, and the minutes, ordinances, or resolutions of the legislative body, city board, or commissions. In 2015, the "routine, good faith operation" language was deleted from Rule 37. The revised rule provides limited sanctions for parties who inadvertently cause electronically stored information to be lost because of their failure to take reasonable steps to preserve the information. However, the Advisory Committee Notes to Rule 37(e) point out that "the routine, good -faith operation of an electronic information system would be a relevant factor for the court to consider in evaluating whether a party failed to take reasonable steps to preserve lost information." Once litigation can be reasonably anticipated, a local agency has a duty to preserve potentially relevant information for discovery. In some cases, the local agency may have to suspend the routine operation of its information systems in 267 Fed. R. Civ. P. 26(f) (3) (C). 268 Fed. R. Civ. P. 26(b) (2) (B). 269 Fed. R. Civ. P. 26(b) (5) (B). Public Records Act Page 55 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records order to preserve information potentially relevant to the litigation. In such cases, it must take "reasonable steps" to prevent the loss of electronically stored information. In evaluating whether a city's preservation attempts were reasonable, courts should take into account the limited staff and resources that governmental parties may have to devote to preservation efforts.27o Note that electronically stored information lost despite a city's reasonable preservation efforts —such as through the failure of a cloud -based storage service, a malignant software attack, or accidental damage to physical hardware —will not give rise to sanctions under Rule 37. These rules on document preservation highlight the importance of having a written document retention policy. A written policy will show what operations are routine. This will help protect a local agency from sanctions if litigation occurs and allow its attorneys to discuss its routine computer operations with the court and other parties. Such a policy should set specific limits for how long information is retained and specific procedures for the routine destruction of electronic data. The policy should also address the steps that the agency will take to preserve potentially relevant information when litigation is reasonably anticipated. These policies should be in accordance with Government Code Sections 34090-34090.8 and any other applicable laws governing the preservation of city records. The other discovery rules further illustrate how a written policy will aid a local agency in litigation. When litigation begins in federal court, Rule 26(f) requires the parties' lawyers to confer about "any issues about disclosure, discovery, or preservation of electronically stored information." No part of electronic discovery is more important for determining the scope of the preservation obligation than the pre -scheduling conference meet and confer provided under Rule 26(f). Rule 26(f) explicitly directs the parties to discuss the form in which electronic information will be produced, how it will be preserved, and how to address claims that certain information is privileged. The pre -scheduling conference meet and confer can be the single most important factor to reduce costs and burdens of discovery. In order for a local agency's counsel to be prepared to discuss these issues, the rules note that it is "important for counsel to become familiar with those systems before the conference." In some cases, counsel may have to identify and interview individuals with special knowledge of the agency's computer systems. Rule 26(b) requires the parties to identify whether "reasonably accessible" electronic sources can provide all of the relevant, non -privileged, information. Parties will need to distinguish these "reasonably accessible" sources from those 270 Fed. R. Civ. P. 37(e) Advisory Committee Note. Public Records Act Page 56 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records that are not "reasonably accessible" because of undue burden or cost. Examples of information that might not be reasonably accessible include: • deleted items, • fragmented or damaged data, • information kept on some back-up tape systems for disaster recovery purposes, and • legacy data remaining from systems no longer in use. Under Rule 26(a), the parties must produce all of the relevant, non -privileged information from the "reasonably accessible" sources within 14 days of the initial conference during the "initial disclosure," a requirement unique to federal court where relevant information is disclosed at the outset of the civil discovery period. Discovery from sources that a party deems not "reasonably accessible" can still occur if the requesting party can show that there is no undue burden or cost or upon a showing of "good cause." Once discovery begins in federal court a local agency must be prepared to explain how their electronic information systems work, which systems contain information potentially relevant to the litigation, how those systems are accessed, and the costs of accessing archival or older systems. Having a written policy in place will reduce the costs and staff time associated with complying with these discovery rules. It will also aid staff in familiarizing themselves with the operations of the agency's computer data and storage systems as well as any external storage and backup systems, and in explaining these operations to agency counsel and opposing parties. Finally, having a written policy will minimize the likelihood of destroying discoverable materials and thus dramatically reduce the chance that an agency will be hit with discovery sanctions during litigation. Taken together, these federal discovery rules make it advisable for a local agency to put in writing its procedures for managing electronic information. In light of these rules and obligations and as a first step to forming or maintaining an already -created written policy on electronically stored information, public agencies should review their operating systems to ensure they understand how electronic information is currently stored and retained. In addition, public agencies should examine their data recovery systems and archival data to determine the type of information contained in these systems, and to understand the costs associated with retrieving such data. Agencies should also regularly review their written policies once implemented to ensure that they remain up to date as new technologies and systems replace old ones. Public Records Act Page 57 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records (3) The California Civil Discovery Act Contains a Process for Electronic Discovery in State Court In 2009, the California Legislature adopted federal -style procedural rules to permit the discovery of electronically stored information in state court cases pursuant to Assembly Bill ("AB") 5, following the 2006 amendments to the Federal Rules of Civil Procedure.271 Electronically stored information is broadly defined by AB 5272 as any information that is stored in an electronic medium, and includes emails, documents, spreadsheets and any other information stored in computers and other electronic devices.273 These rules make the creation of the above - mentioned written policy on electronically stored information just as applicable to state court litigation as federal court litigation. Similar to the Federal Rules, a safe harbor exists for spoliation caused by "routine, good faith operation of an electronic information system."274 The state discovery rules specifically provide that a court shall not impose sanctions on a party for failing to provide electronically stored information that has been lost, damaged, altered or overwritten as the result of the routine, good faith operation of an electronic information system, absent exceptional circumstances.275 Accordingly, public agencies should ensure electronically stored information is retained or deleted only in accordance with the adopted policy. Agencies should thus train employees to make sure the document retention policies are appropriately followed at all times.276 Further, as with federal court litigation, once state court litigation is reasonably anticipated, public agencies have a duty to stop automatic destruction processes and preserve potentially relevant electronically stored information in the format in which it currently exists, notwithstanding the normal document retention policy that might otherwise permit destruction.277 In the event litigation is reasonably anticipated, public agencies should ensure that "litigation holds" are applied to electronically stored information potentially relevant to the litigation, so that it is not deleted, whether intentionally or by automatic computer processes. The retention of information that may be potentially relevant to 271 AB 5, Stat. 2009, c. 5 (amending Code of Civ. Proc. §§ 2016.020, 2031.010 through 2031.060, and 2031.210 through 2031.320, and adding Code of Civ. Proc. §§ 1985.8 and 2031.285). 272 See Code of Civ. Proc. §§ 1985.8, 2016.020, and 2031 .010 et seq. 273 Code of Civ. Proc. § 2016.020(e). 274 Code of Civ. Proc. § 2031 .320(d). 275 Code of Civ. Proc. § 2031.060(i)(1). 276 Code of Civ. Proc. § 2031 .060(i) (2). 277 Coca-Cola Bottling Co. v. Superior Court (Jones), 233 Cal. App. 3d 1273, 1293 n. 10 (4 Dist. 1991) (party litigant has a duty not to lose or destroy relevant evidence). Public Records Act Page 58 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records anticipated litigation should also be a part of the agency's written policy on electronically stored information. In light of a 2017 California Supreme Court decision outlining the broad scope of discovery, agencies are advised to consult legal counsel in determining the breadth of a litigation hold. Documents and information that the agency believes to be protected under a right to privacy argument should still be preserved, if even potentially relevant to the litigation. In Williams v. Superior Court, the Court stated that "the right to discovery in this state is a broad one, to be construed liberally so that parties may ascertain the strength of their case and at trial the truth may be determined."278 The Court determined that the defendant in Williams was obligated to disclose the personal information of individuals who may have had no bearing on or relation to the claims asserted by the plaintiff. It further stated that the party opposing discovery has the burden of showing that a privacy right exists that outweighs the potential relevance of the information requested. The same burden applies when the party opposing discovery argues undue hardship. In both instances, the burden is a high one. Agencies should therefore be mindful that they may have to produce a broader scope and larger volume of documents and electronically stored information than was required in prior years, and accordingly should, in consultation with counsel, broaden the scope of their document retention policy and litigation holds. When instituting a legal hold, or responding to discovery requests in litigation, attorneys and clients must work together to understand how and where electronic documents, records (including social media posts), and emails are maintained and to determine Docurrientl Properties how best to locate, review, and retain responsive General Summary I Statistics Contents Custom documents. Title: I Letter to D.S. B. Metadata Word processing documents most readily fit the definition of "record," and they also present the greatest potential for inadvertent disclosures. A modern word processing document is comprised of far more than simple words on a page. Microsoft Word documents typically contain information about the author or editor, the author's organization, the time the document was created, modified or accessed, the amount of time spent editing the document, and even what earlier versions of the document looked like. This 278 Williams v. Superior Court (Marshalls of CA, LLC), 3 Cal. 5th 531, 538 (2017). Public Records Act © 2023 Richards, Watson & Gershon 2769535 Subject; Author: Benjamin B. Bickelbaum Manager: Company: City of Whoville Catggory: Keywords: Comments: Hyperlink base: Template: Normal ❑ Save preview picture OK Cancel Page 59 Part Two: Electronic Records "metadata," which literally means data about data, is automatically attached to documents by modern word processors. For instance, some metadata appears in Microsoft Word under the "Home" menu, by selecting "Properties." Although metadata can be useful information, it can also result in unwanted disclosures. For instance, as the dialog box above shows, Microsoft Word automatically inserts the name and company of the author of the document, and there are numerous other fields that can be filled in. If a local agency does not want this sort of information disclosed as a general rule, the word processor should be configured to not record this information. More significantly, many word processors have a "tracked changes" function. When public officials and employees work with multiple drafts of a document, especially when multiple people work on the same document, they frequently make use of a feature that highlights every change made to the document. That way, when a party to a proposed contract wants to delete a provision or insert a line, it is easy for the other party to see the change. It is simple to turn this feature on and off, but it is also simple to turn the display of tracked changes on and off, while still having the word processor keep track of the changes. As a result, it is not uncommon for documents to be transmitted electronically with changes tracked, without the knowledge of the author. If the author deleted a paragraph, the person reviewing the tracked changes could restore that paragraph. The implications become particularly significant if the author had deleted the text because it was deemed inaccurate or sensitive. Moreover, recall that drafts are only nondisclosable if it is the public agency's policy to not retain them in the course of business. If a city routinely saves documents with changes tracked, then arguably it has preserved the earlier drafts of the document. This could thwart a city's policy to avoid preserving drafts. Consequently, it should be common practice to remove any tracking from a document upon finalization, or better yet, to not use tracking in the first place. Similarly, most word processors have an "undo" button, which is useful for correcting typos or to recover inadvertently deleted text. Many word processors can "undo" a string of actions, and can even "undo" actions repeatedly until the document is a blank page. If a city official sends that document to someone making a public records request, the individual could click on "undo" repeatedly to see every step that the author took in drafting the document. This presents the same problems as with "tracked changes" - sensitive or inaccurate information that the author meant to delete could be included in the metadata. Accordingly, in using word processors, public agencies should ensure that they are configured to eliminate the "undo" trail when a document is saved. Public Records Act Page 60 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records In addition to all of the above strategies, there are several programs available that can remove metadata after a document has been completed, or at the time it is emailed. However, the use of such programs on documents that are subject to a public records request would be of questionable legality. Under the Public Records Act, a request for a public document must include the exact document, and on the face of it, stripping metadata from a document that is requested in electronic form potentially would violate this requirement.279 Depending on your document retention schedule, you may be able to strip metadata from some older documents upon archiving them, but deleting metadata from documents that the city is required to retain may violate document retention requirements. If the requester does not expressly ask that the document be provided in electronic format, the statute does not prohibit the agency from supplying it in printed form. Accordingly, a local agency may wish to adopt a policy of providing electronic records in printed form unless a requester expressly asks for an electronic version, and providing records in .pdf format when requesters ask for electronic versions. If the requester expressly asks for the original document format, the City attorney should be consulted. It is unclear how the new federal electronic document discovery rules would apply to metadata. Rule 26 does not specifically address metadata, but the comment to the revision mentions metadata and states that "[w]hether this information should be produced may be among the topics discussed in the Rule 26(f) conference." Consequently, there is the potential for the disclosure of metadata in litigation, which further highlights the importance of establishing standard practices for creating and handling metadata. During litigation, it is often advisable to maintain sources of electronically stored information in native formats with metadata, to preserve the ability to produce the data if necessary. CITY WEBSITES With the rapid integration of the internet into American culture, a significant percentage of California cities now provide at least basic information about their government on city -run websites. Posting certain commonly requested information on a web page is a way to reduce the staff time necessary to respond to public records requests. City websites also provide a method to increase public participation in local government, such as more recent requirements for posting of public meeting agendas electronically. However, city website practices may have legal ramifications, and it is advisable for a city to draft and implement a policy on the permitted uses of its website to avoid violating legal restrictions such 279 See Gov't Code § 7922.530(a) ("Upon request, an exact copy shall be provided unless impracticable to do so."); Rosenthal v. Hansen, 34 Cal. App. 3d 754 (3 Dist. 1973). Public Records Act Page 61 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records as those related to mass mailings and use of public funds for "express advocacy," and also to avoid creating a "public forum." A. Websites and the "Mass Mailing" Prohibitions The Political Reform Act prohibits the sending of newsletters and other so-called "mass mailings" at public expense.28o A "mass mailing" is defined as the mailing or distribution at public expense of 200 or more items within a calendar month featuring the name, office, photograph or other reference to an elected officer of the agency.281 The underlying intent is to preclude elected officials from using newsletters as indirect campaign flyers for themselves. In brief, Section 89002 of the Government Code provides a four -prong test to determine the legality of mass mailings. A mass mailing is prohibited if each of the following elements is present: a. a delivery of a tangible item, b. that "features" or includes reference to, an elected official, C. distributed at public expense regardless of the cost, or produced at public expense where the cost of production exceeds $50.00, or d. in a quantity of 200 or more per calendar month.282 On the face of it, the regulation would not apply to web pages, because they would not constitute "a delivery of a tangible item." The FPPC, which interprets the Political Reform Act, has yet to render an official opinion on the applicability of the mass mailing rule to websites. However, numerous advice letters issued by the FPPC have concluded that the prohibitions on publicly funded mass mailings contained in Government Code Sections 89001 and 89002 do not apply to websites or web pages because they do not constitute a tangible item. In 1998, the FPPC responded to an inquiry as to whether a committee, advocating the passage of a bond measure expected to be placed on the ballot by a school board, may obtain a link from a "school district website to a web page" advocating the passage of the bond measure. The FPPC advised that, According to [former] Regulation 18901(a) (1) [now Section 89002 of the Government Code], a publicly -funded mailing is a prohibited 280 Gov't Code § 89001. 281 Gov't Code § 89002(a). 282 Id. Public Records Act Page 62 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records mass mailing if it is delivered as a tangible item to the recipient at his or her residence, place of employment or business, or post office box. Consistent with [former] Regulation 18901, the ban is applicable to tangible items only. Since distribution over the Internet is not a distribution of a tangible item, Internet pages are not prohibited mass mailings under the [Political Reform] Act.283 Even though providing a link to an express advocacy website may not qualify as a "mass mailing," it could violate other laws, as will be discussed below in Section B. A second advice letter similarly concluded that web pages are not covered under the mass mailing prohibitions of the Political Reform Act. That advice letter was issued by the FPPC in 1999 in response to a request for advice by the County of Lake. The inquiry was whether the County could include on its web page photographs and a short biography for each member serving on its board of supervisors.284 The FPPC letter reiterated that former FPPC Regulation 18901 did not apply to the actions listed above because "web pages are not considered tangible items" and not subject to mass mailing restrictions.285 Since those advice letters were issued, the FPPC has continued to reaffirm its conclusion that distribution of information over the Internet, including websites, is not distribution of tangible items. In 2013, a city attorney requested advice regarding whether the mass mailing provisions prohibit City staff from listing the mayor's bed and breakfast business on the city's website along with other places of lodging in the city. The FPPC advised that the mass mailing provision does not prohibit the listing of the mayor's business on the city's website because providing information over the Internet is not distribution of a tangible item.286 The FPPC also recommended a review of laws pertaining to use of public resources.287 In 2019, the FPPC issued an informal advice letter concluding that the mass mailing prohibition does not apply to "tag" members of the Fountain Valley City Council on the City's Facebook page because the mass mailing provision does not apply to distribution over the Internet, this includes Facebook.288 Given the foregoing, city web pages provide a unique opportunity for elected officials to communicate with their constituents. Council members could each maintain their own page on the website, drawing attention to issues of interest to 283 Foote Advice Letter, No. A-98-1 14, 1998 WL 289895 (1998) (citation omitted). 284 Peterson Advice Letter, No. A-99-013, 1999 WL 100857 (1999). 285 Id. 286 Pierik Advice Letter, No. A-13-012 (2013). 287 Id. 288 Burns Informal Assistance, No. 1-19-145, 2019 WL 6458461 (2019). The FPPC cautioned, however, that Facebook "tagging" should also be analyzed to make sure that it did not result in a contribution under the Political Reform Act. Public Records Act Page 63 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records the community. There are, however, some limitations on what the web pages can contain, as discussed below. B. Avoiding Express Advocacy Although websites and web pages are not currently covered under the mass mailing restrictions of FPPC Regulation Section 18901, public agencies must still be mindful of other regulations and laws that might be violated by its decisions to permit links from official websites. For example, the Political Reform Act prohibits the use of public moneys for election campaigns.289 Consequently, a city's web page must not indicate support or approval of, or advocate for, a candidate for elective office or a ballot measure. The leading California case setting forth the basic rule with respect to government involvement in political campaigns is Stanson v. Mott.290 In Stanson, the California Supreme Court addressed the question of whether the State Director of Beaches and Parks was authorized to expend public funds in support of certain state bond measures for the enhancement of state and local recreational facilities. The court concluded that the Director of Beaches and Parks lacked such authority and set forth the basic rule that "in the absence of clear and explicit legislative authorization, a public agency may not expend public funds to promote a partisan position in an election campaign."291 Only impartial "informational" communications would be permissible, such as a fair presentation of the facts in response to a citizen's request for information.292 The Stanson Court also recognized that the line between improper "campaign" expenditures and proper "informational" activities is not always clear. "[T]he determination of the propriety or impropriety of the expenditure depends upon a careful consideration of such factors as the style, tenor and timing of the publication; no hard and fast rule governs every case."293 The California legislature also codified the holding of Stanson in Government Code Section 54964.294 289 Gov't Code § 85300. See also Howard Jarvis Taxpayer Assn. v. Newsom, 39 Cal. App. 5th 158, 161-162 (3 Dist. 2019) (invalidating limited exception to this prohibition). 290 Stanson v. Mott, 17 Cal. 3d 206 (1976). 291 Id. at 209-10. 292 Id. at 221. 293 Id. at 222 (citations omitted). 294 Government Code Section 54964 prohibits the expenditure of public funds "to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate, by the voters." The statute does not prohibit expenditures to provide information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the local agency, if the informational activities are not otherwise prohibited by the Constitution or state law and the information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in reaching an informed judgment regarding the ballot measure. Public Records Act Page 64 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The Stanson test was reaffirmed by the California Supreme Court in Vargas v. City of Salinas.295 Prior to Vargas, courts attempting to interpret and apply Stanson used varying tests to determine the permissibility of expenditures. For example, in California Common Cause v. Duffy, an appellate court held that a local sheriff's use of public facilities and personnel to distribute postcards critical of then - Supreme Court Justice Rose Bird was "political" and not "informational" as permitted by Stanson because the cards presented only one side of Justice Bird's fitness to be retained in office.296 In another appellate decision, Schroeder v. City Council of Irvine, Irvine's "Vote 2000" Program was upheld.297 The program encouraged voter registration, without specifically advocating a particular position on any measure. Although the city had taken a public position in favor of the proposed ballot measure, the materials it distributed did not advocate any particular vote on the measure and rarely mentioned the measure at all. The Schroeder court held that the funds spent on the Vote 2000 program would be political expenditures and unlawful under Stanson only if the communications expressly advocated, or taken as a whole unambiguously urged, the passage or defeat of the measure.298 Because the city presented a neutral position on "Measure F," at least in the campaign materials, the court upheld the program as valid. However, in Vargas v. City of Salinas, the California Supreme Court decided that "express advocacy" is an insufficient standard. In Vargas, proponents of a local ballot initiative to repeal the city's utility users tax ("Measure O") sued the city alleging improper government expenditures. The court held that even if a communication does not expressly advocate for either side of an issue, a Stanson analysis must nonetheless be conducted to determine whether the activity was for informational or campaigning purposes based on its style, tenor, and timing.299 Although the court did not specifically refer to the Schroeder analysis in its opinion, the court clearly stated that the "express advocacy" standard does not meaningfully address potential constitutional problems arising from the use of public funds for campaign activities that were identified in Stanson. Thus, local governments must look to Vargas rather than Schroeder for the proper standard to evaluate whether an expenditure is permissible. A variety of factors led to the Vargas court's conclusion that the communications were informational, including the fact that the publications avoided argumentative or inflammatory rhetoric and did not urge citizens to vote in a particular manner. The challenged expenditures were made pursuant to general appropriations in the city's regular annual budget pertaining to the maintenance 295 Vargas v. City of Salinas, 46 Cal. 4th 1 (2009). 296 California Common Cause v. Duffy, 200 Cal. App. 3d 730, 746-747 (4 Dist. 1987). 297 Schroeder v. City Council of Irvine, 97 Cal. App. 4th 174, 187-188 (4 Dist. 2002). 298 Id. 299 Vargas, 46 Cal. 4th at 8. Public Records Act Page 65 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records of the city's website, the publication of the city's regular quarterly newsletter, and the ordinary provision of information to the public regarding the city's operations. The Supreme Court found that the city engaged in informational rather than campaign activity when it posted on the city's website the minutes of city council meetings relating to the council's action along with reports prepared by various municipal departments and presented by officials at city council meetings.300 Similarly, the city did not engage in campaign activity by producing a one -page document listing the program reductions that the city council voted to implement should Measure O be approved, or in making copies of the document available to the public at the city clerk's office and public libraries.301 The court reasoned that viewed from the perspective of an objective observer, the document clearly constituted an informational statement that merely advised the public of specific plans that the city council voted to implement should Measure O be approved. Finally, the court found that the city engaged in permissible informational activity by mailing to city residents the fall 2002 "City Round -Up" newsletter containing articles describing proposed reductions in city services. Although under some circumstances the mailing of material relating to a ballot measure to a large number of voters shortly before an upcoming election would constitute campaign activity, a number of factors supported the court's conclusion that the mailing of the newsletter constituted informational rather than campaign activity: it was a regular edition of the newsletter that was mailed to all city residents as a general practice, the style and tenor of the publication was entirely consistent with an ordinary municipal newsletter and readily distinguishable from traditional campaign material, and the article provided residents with important information about the tax in an objective and nonpartisan manner.302 The Supreme Court illustrated the insufficiency of the "express advocacy" standard by suggesting that if the City of Salinas were to post billboards throughout the City prior to an election stating, "`IF MEASURE O IS APPROVED, SIX RECREATION CENTERS, THE MUNICIPAL POOL, AND TWO LIBRARIES WILL CLOSE,' it would defy common sense to suggest that the City had not engaged in campaign activity even though such advertisements would not have violated the express advocacy standard."303 Vargas and Stanson reflect that local agencies must exercise caution when communicating to voters about local measures. The same prohibitions on the use 300 Id. at 37. 301 Id. at 37-38 (stating, "not only [did] the document in question not advocate or recommend how the electorate should vote on the ballot measure, but its style and tenor [was] not at all comparable to traditional campaign material"). The fact that the City only made the document available at the City clerk's office and in public libraries to people who sought it out reinforced the document's informational nature. 302 Id. at 38. 303 Id. at 32. Public Records Act Page 66 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records of public moneys to support or oppose a ballot measure or a candidate for political office would likely also apply to public agency websites. This is because the time and expense of maintaining a website and adding links to other websites may result in a form of "in kind" contribution from the public agency to the particular candidate or campaign committee. "Professional services, including the creation and maintenance of a website for a candidate, could conceivably result in a contribution from the county to the candidate."304 Public officials must ensure that there is no inclusion of information or links on their websites that contain words of express advocacy or that unambiguously promote or suggest a particular position in a campaign. Public officials must also avoid any actions which, based on their "style, tenor and timing", may lead to a determination that a city website contains impermissible advocacy. Unfortunately, there is no hard and fast rule to assist public officials in distinguishing improper partisan campaign expenditures from permissible expenditures for "informational activities." Whether a communication is permissible will be based on a combination of these factors, and public officials should therefore seek the advice of the city attorney on a case -by -case basis. Assistance may also be obtained from the FPPC. Note also that public officials could potentially face personal liability if a court concluded that they used public funds for a partisan campaign. The Stanson opinion concluded that public officials "may properly be held to a higher standard than simply the avoidance of 'fraud, corruption or actual malice' in their handling of public funds."305 Instead, public officials must exercise "`due care,' i.e., reasonable diligence, in authorizing the expenditure of public funds, and may be subject to personal liability for improper expenditures made in the absence of such due care."306 If public officials published a web page that conveyed a partisan slant, a court could conclude that the officials failed to exercise this due care. C. Public Forum In addition to the mass mailing and express advocacy considerations, the existence of city websites also raises the issue of whether a website constitutes a "public forum" in which any member of the public would have a right to post information or links, or engage in debate or discourse. The decisions of public agencies on what sort of content to include on web pages, whether to allow external links to be posted, and what type of links to permit, have the potential to infringe upon rights guaranteed by the First Amendment of the United States 304 Peterson Advice Letter, No. A-99-013, 1999 WL 100857 (1999). 305 Stanson, 17 Cal. 3d at 226. 306 Id. at 226-27. Public Records Act Page 67 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records Constitution, the California Constitution's "Liberty of Speech Clause," and other legal principles. In relevant part, the First Amendment provides that, "Congress shall make no law ... abridging the freedom of speech."307 Similarly, the "Liberty of Speech Clause" provides that, "A law may not restrain or abridge liberty of speech or press."308 The United States Supreme Court uses the "public forum" doctrine to evaluate the constitutionality of government regulation of private speech on public property. This doctrine classifies public property according to three categories of public forum status: (i) traditional public forums - areas traditionally used for expressive activity such as streets, sidewalks and parks; (ii) designated public forums - areas dedicated by the government for expressive activity, either generally or for limited purposes; and (iii) nonpublic forums. "Public forum" status directly impacts the degree to which a public agency may regulate private expression on public property. For example, if a public agency's website were deemed a "nonpublic forum," then the agency would have considerable discretion in determining which applications for website links to accept. By contrast, if a public agency's website was deemed a "traditional public forum" or a "designated public forum," then the agency's discretion would be substantially diminished. Two cases addressing whether city websites constitute public forums are discussed below. (1) Putnam Pit, Inc. v. City of Cookeville The case of Putnam Pit, Inc. v. City of Cookeville provides an example of how the First Amendment may limit a public agency's authority to control external links on its website. Putnam Pit is a federal case discussing the validity of a website link policy under the First Amendment.3o9 This case involved a free speech claim by a small, free website newspaper publisher, against the City of Cookeville, Tennessee. The case arose from Cookeville's refusal to establish a link from its website to the website of the publisher's on-line newspaper, the "Putnam Pit." The "Putnam Pit" website focused on commentary critical of the City of Cookeville and its officials and staff. At the time that the publisher initially requested and was denied the link, "several for -profit and non-profit entities were linked to the ... [Cookeville] 307 U.S. CONST. amend I. 308 CAL. CONST. art. 1, § 2(a). 309 Putnam Pit, Inc. v. City of Cookeville, 221 F.3d 834 (6th Cir. 2000). Public Records Act Page 68 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records Web site, including a local technical college, two Internet service providers, a law firm, a local computer club, a truck product manufacturer and distributor, and a site with information about Cookeville."310 However, prior to the publisher's request, Cookeville "had no stated policy" on who could be linked to the city's website.311 Upon learning of the publisher's request, the city manager decided to permit links only "from the Cookeville Website to other sites, which would promote the economic welfare, tourism, and industry of the city."312 Pursuant to this policy, the city manager subsequently denied the publisher's request for a link from the Cookeville website to the "Putnam Pit" website and then removed several links to other websites from the Cookeville website.313 The Sixth Circuit Court of Appeals ruled that based on the facts presented, the city's website was a nonpublic forum under the First Amendment, and that the city could impose reasonable restrictions but could not engage in viewpoint discrimination.314 The court also ruled the publisher was entitled to a trial regarding whether Cookeville discriminated against him based upon viewpoint when the city manager denied him a link on the website. Facts that could potentially constitute viewpoint discrimination included statements by the city manager that he thought the "Putnam Pit" consisted only of the publisher's "opinions," "which he didn't care for" and actions by the city manager who indicated to the publisher that he would not be permitted a link even if the "Putnam Pit" were a non-profit entity.315 (2) Vargas v. City of Salinas In Vargas v. City of Salinas, the California Supreme Court also considered whether a city website constituted a public forum.316 In Vargas, city residents placed an initiative on the ballot to repeal the city's long-standing utility users tax. The city staff prepared a series of reports addressing the impact the loss of the tax would have on the city's budget, including the reduction and elimination of services and programs, and posted those reports on the city's web page. The initiative supporters contended that they had a right to provide their own information on the web page, which the city rejected. 310 Id. at 841. 311 Id. 312 Id. 313 Id. 314 Id. at 843-845. 315 The court further concluded that, "[t]he city's actions, some of which appear to be tied to the city's interests, and others which appear less clearly relevant to the purpose of the city's Web site, lead us to REVERSE the district court's grant of summary judgment because [the publisher] has raised a material issue of fact regarding whether the city discriminated against him and his Web site based upon viewpoint." Putnam Pit, Inc., 221 F.3d at 846. 316 Vargas, 46 Cal. 4th at 37, n.18. Public Records Act Page 69 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records The Supreme Court concluded that the city's web page was not a public forum because the city had not opened its website to permit others to post material of their choice.317 D. Public Forum Analysis The Putnam Pit and Vargas courts applied the public forum analysis of the First Amendment to the city's action with respect to the website, treating the website as analogous to physical public property. As previously mentioned, the United States Supreme Court has established that, for such analyses, the extent of permissible government restrictions on expressive activity are governed by whether the activity occurs in (i) a traditional public forum; (ii) a designated public forum; or (iii) a nonpublic forum.318 (1) Traditional public forum Traditional public forums are "places which by long tradition or by government fiat have been devoted to assembly and debate." Typically such places have included public streets, sidewalks and parks.319 Government regulations that restrict the "content" of expressive activity in such forums "must withstand strict scrutiny."32o This means that if the government wishes to restrict expressive activity based on content, such restrictions must serve a "compelling state interest" and must be "narrowly tailored" to serve that interest. However, if the government imposes content -neutral restrictions on the "time, place and manner" of expressive activity in public forums, then such restrictions must serve a "significant public interest," must be "narrowly tailored" to that interest and must leave open "alternative avenues of communication."321 (2) Designated public forum The Supreme Court has held that "[i]n a designated public forum, the government `intentionally opens a nontraditional public forum for public discourse.'" 322 An example of a designated public forum is the public comment session at a city council meeting. In a designated public forum, the government may restrict the content of the expressive activity to that which is within the scope of the public 317 Id. 318 Perry Ed. Ass'n v. Perry Local Ed. Ass'n, 460 U.S. 37, 45-46 (1983). 319 Putnam Pit, Inc., 221 F.3d at 842 (citing Perry, 460 U.S. at 45). 320 Id. at 843. 321 Id. (citing Perry, 460 U.S. at 45). 322 Id. (citing Cornelius v. NAACP Legal Defense & Educ. Fund, Inc., 473 U.S. 788, 802 (1985)). Public Records Act Page 70 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records forum. For example, in the case of a city council meeting, the government may restrict speech to only permit discussion of city business.323 Once the government opens a nontraditional public forum to a class of persons, the restrictions applicable to those to whom the forum is opened must also withstand strict scrutiny. Thus, as in the case of public forums, regulations governing designated speakers in designated public forums must serve a "compelling state interest" and must be "narrowly tailored" to serve that interest.324 Accordingly, it is important for a city to avoid creating a designated public forum on its website so as not to establish rights where none previously existed, or at least to have a clear policy on who may post on the city's website. (3) Nonpublic forum Nonpublic forums are those places that are not typically used for public debate or the free exchange of ideas. Accordingly, "the First Amendment does not forbid a viewpoint -neutral exclusion of speakers who would disrupt a nonpublic forum and hinder its effectiveness for its intended purpose."325 Examples of nonpublic forums include highway rest areas and advertising on a municipal bus.326 In a nonpublic forum government may prohibit speech or expressive activity, so long as such restrictions are reasonable in light of the government's interest and do not attempt to suppress the speaker's activity based on disagreement with the speaker's views.327 (4) Public entity websites as nonpublic forums The Sixth Circuit Court of Appeals in Putnam Pit concluded that the City of Cookeville's website was a "nonpublic" forum under the First Amendment because the website was not open to the public, and before and after the city adopted a website link policy, links had been established on an individualized basis.328 This determination is significant because a government entity, as previously discussed, has more discretion to regulate public expression in a nonpublic forum than it does in a "traditional public forum" (such as a park) or in a "designated public forum" (a place expressly opened for free speech by the public). The court also emphasized that the city had legitimate interests "in 323 See White v. City of Norwalk, 900 F. 2d 1421, 1425 (9th Cir. 1990) (concluding that city councils have authority to limit speech through the imposition of agendas and rules of order and decorum). 324 Perry, 460 U.S. at 46. 325 Putnam Pit, 221 F. 3d at 845 (quoting Cornelius, 473 U.S. at 811). 326 Jacobson v. Bonine, 123 F. 3d 1272, 1274 (9th Cir. 1997); Children of the Rosary v. City of Phoenix, 154 F. 3d 972, 978 (9th Cir. 1998) . 327 Perry, 460 U.S. at 46. 328 Putnam Pit. Inc.. 221 F.3d at 844. Public Records Act Page 71 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records keeping links that are consistent with the purpose of the site —providing information about city services, attractions and official s."329 Despite the fact that the court in Putnam Pit determined that the city's website was a nonpublic forum, giving the city broad discretion to limit access to its website links, the court stated that the city could not deny links "solely based on the controversial views" the publisher espouses.33o The court concluded that the city's "requirement that websites eligible to be linked to the city's site promote the city's tourism, industry and economic welfare gives broad discretion to city officials, raising the possibility of discriminatory application of the policy based on viewpoint."331 Accordingly, the court remanded the case to the district court for further proceedings on the issue of whether the city improperly exercised its authority to restrict access to links on its website in a discriminatory manner in violation of the publisher's First Amendment rights. The Vargas court also concluded that the city's website was a nonpublic forum, and the city could exclude the initiative proponents from posting information on the site.332 In contrast to Putnam Pit, in Vargas the city did not permit access to the web page by either proponents or opponents of the ballot initiative.333 Limiting use of a city website only to city -related activities may result in a court finding that the public forum analysis is not appropriate under the facts, and that the issue should be evaluated instead under the doctrine of governmental speech.334 The U.S. Supreme Court has ruled that the Free Speech clause does not apply to government speech, because the Free Speech Clause restricts government regulation of private speech and does not regulate government speech.335 Under the government speech doctrine, the government has the right to speak for itself and a government entity may exercise this same freedom to express its views when it receives assistance from private sources for the purpose of delivering a government -controlled message.336 In Sutliffe v. Epping School District, an advocacy group challenged the Town of Epping after the town refused to include the group's hyperlink on the town's website.337 The group wanted to present opinions countering the town's budget proposals regarding town and school activities. The group contended its hyperlink should have been allowed because the town had included a hyperlink 329 Id. at 845. 330 Id 331 Id. at 845-46 (citations omitted). 332 Vargas, 46 Cal. 4th at 37 n.18. 333 See Id. 334 Pleasant Grove City v. Summum, 555 U.S. 460, 467 (2009). 335 Id 336 Id. at 468. 337 Sutliffe v. Epping School District, 584 F.3d 314, 333 (1 st Cir. 2009). Public Records Act Page 72 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records to a one -day event put on by "SUE", which was part of a state university - sponsored program and was to be held among town residents to foster community spirit, civic discourse, and the organization of community -defined projects and action groups. By unwritten practice, the town had previously allowed only hyperlinks that would promote providing information about the town, and did not permit links that were political or advocated for certain candidates. A written policy established after the group's request limited hyperlinks to those for governmental agencies or events and programs coordinated or sponsored by the town. The federal appeals court ruled in Sufliffe that a government entity has the right to express itself on means of communication that the government owned. The town engaged in government speech because the town created the website and selected which hyperlinks to place on its website to convey information about the town to its citizens and the outside world and, by choosing only certain hyperlinks to place on that website, communicated an important message about itself.338 Hyperlinks were added only with approval by the Board of Selectmen. The court also rejected the group's claim that the town engaged in viewpoint discrimination, because the SUE event was a town -sponsored and financially - supported event, and nonpartisan.339 The court also concluded that a public forum analysis did not apply under the facts, because the town's website is not a traditional public forum, and the website was not a designated public forum because there was no evidence that the town intentionally opened a nontraditional public forum for public discourse.340 Accordingly, in drafting and administering website link policies, a public agency should be mindful that "nonpublic forum status does not mean that the government can restrict speech in whatever way it likes."341 A public agency may not deny requests to post information and links simply because they do not agree with a requesting party's views or the views espoused on the requesting party's website, but an across-the-board policy that does not discriminate on the basis of viewpoint should withstand judicial scrutiny. Reserving the website only for the public agency's activities and purposes may also help the public agency demonstrate that it is engaging in government speech, and has not created a public forum. E. Chat Rooms, Forums, and Social Media Note that the conclusion would have likely been different in Vargas if the website had contained a chat room, or other technology promoting open public 338 Id. at 331. 339 Id. at 331-332. 340 Id. at 333-334. 341 Putnam Pit Inc., 221 F.3d at 846 (citations omitted). Public Records Act Page 73 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records discussion. The term "chat room" generally refers to an area of a website that allows for a real-time interactive discussion between whoever wishes to participate, with every participant seeing what every other participant types in. Chat rooms allow visitors to access web pages to state their views on a topic of discussion, and in unmoderated chat rooms, to say anything about any subject. Many popular social media services, including Facebook, Twitter, and Instagram, include a system of public comment threads that similarly promote public discussion. In Vargas, the California Supreme Court did not address chat rooms or social media services. However, in the prior appellate court decision, which was superseded on other grounds by the California Supreme Court, the appellate court had little trouble concluding that a chat room on a city web page would constitute a public forum: As noted above, "electronic communication media may constitute public forums. Websites that are accessible free of charge to any member of the public where members of the public may read the views and information posted, and post their own opinions, meet the definition of a public forum ...."342 Ampex Corp. v. Cargle and ComputerXpress, Inc. v. Jackson, were "anti-SLAPP" motions brought by defendants in defamation and libel actions, which are motions to strike a "Strategic Lawsuit Against Public Participation." In order to have a viable anti-SLAPP motion, the statements at issue must be made in a public forum, and both opinions concluded that chat rooms on the websites were public forums. The federal courts increasingly hold that chat rooms and other forms of social media may constitute public forums. In 2017, the U.S. Supreme Court described cyberspace, and social media, as follows: "While in the past there may have been difficulty in identifying the most important places (in a spatial sense) for the exchange of views, today the answer is clear. It is cyberspace —the `vast democratic forums of the Internet' in general [citation omitted], and social media in particular."343 In a 2022 decision, Gamier v. O'Connor-Ratcliff, the Ninth Circuit Court of Appeals ruled that Facebook and Twitter pages set up by two members of a local school 342 Vargas v. City of Salinas, 37 Cal. Rptr. 3d 506, 527 (2005) (citing Ampex Corp. v. Cargle, 128 Cal. App. 4th 1569, 1576 (1 Dist. 2005); ComputerXpress, Inc. v. Jackson, 93 Cal. App. 4th 993, 1006-07 (4 Dist. 2001)). 343 See Packingham v. North Carolina, 137 S. Ct. 1730, 1735-36 (2017) (Supreme Court ruled that a North Carolina statute prohibiting sex offenders from accessing social networking websites violated the First Amendment because even assuming that the statute was content neutral, the statute could not survive intermediate scrutiny because it was not narrowly tailored to serve a significant governmental interest). Public Records Act Page 74 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records board violated two parents' First Amendment rights by deleting their comments and then eventually blocking the parents from their social media pages entirely.344 As reflected in the circuit court's recitation of the facts, the two trustees created public Facebook and Twitter pages to promote their re-election campaigns.345 The trustees were eventually elected to the school board, but continued to use their social media pages to publicize information about the school board and its board of trustees. The plaintiff parents frequently posted comments critical of the board of trustees, including 226 identical replies within a 10-minute period, which the trustees repeatedly deleted or hid. The trustees eventually blocked the parents entirely from their social media pages. The Ninth Circuit concluded that the trustees' social media pages were designated public fora because initially they were "open and available to the public without any restriction on the form or content of comments."346 Further, the trustees would solicit feedback from their constituents and responded to posts left in their comment sections.347 The trustees violated the parents' First Amendment rights by blocking only them from the social media pages when the parents' critical posts had not actually disrupted the comment sections.348 Reasonable rules of etiquette addressing repetitive or lengthy posts could have addressed the trustees' purported concerns.349 A similar conclusion would likely result when evaluating a "forum" or "message board" on a city web page, which are similar to chat rooms but do not occur in real-time; instead, people post messages one at a time that are typically grouped by topic and preserved on the web page in chronological order, for anyone to read. As their names suggests, a "forum" or "message board" on a city web page would potentially constitute a "public forum." F. Accessibility Requirements One other concern in designing a local agency's website is whether it is accessible to individuals with disabilities. Under the Americans with Disabilities Act (the "ADA"), local governments must ensure that they provide qualified 344 Gamier v. O'Connor-Ratcliff, 41 FAth 1 158 (9th Cir. 2022). See also Knight First Amendment Institute v. Trump, 928 F. 3d 226, 237-238 (2nd. Cir. 2019), cert. granted, judgment vacated by Biden v. Knight First Amendment Institute At Columbia University, 141 S.Ct. 1220, (Apr. 05, 2021); dismissed as moot, 2021 WL 5548367 (2nd Cir., May 26, 2021). In the vacated opinion, the Second Circuit previously held that President Trump unconstitutionally excluded individuals from a public forum by blocking individual users who criticized him or his policies from his Twitter account, thus preventing them from "viewing, retweeting, replying to, and liking his tweets". 345 Id. at 1163. 346 Id. at 1178. 347 Id. 348 Id. at 1 181 . 349 Id. at 1182. Public Records Act Page 75 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records individuals with disabilities equal access to their programs and services, including by making reasonable modifications to rules, policies, or practices; removing architectural, communication, or transportation barriers; or providing auxiliary aids or services, unless doing so would fundamentally alter the nature of their programs or services or would impose an undue burden.35o Local governments must take appropriate steps to ensure that their communications with applicants, participants, members of the public, and companions are as effective as communications with others, and furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities an equal opportunity to participate in and enjoy the benefits of a government service, program or aCtivity.351 Based on these requirements, the U.S. Department of Justice takes the position that state and local government websites must be designed to be accessible to individuals with disabilities. In March 2022, the U.S. Department of Justice issued guidance describing how state and local governments and businesses open to the public can make sure that their websites are accessible to people with disabilities as required by the ADA.352 The DOJ will pursue enforcement actions, settlements and consent decrees to ensure that governmental websites are accessible.353 In designing and maintaining an agency's web page to ensure compliance with First Amendment and Brown Act requirements, an agency should make sure it is designed for accessibility as well, in order to minimize the potential for litigation and adverse decisions. There are currently no federal regulations addressing website accessibility requirements for state and local governments. In July 2022, the U.S. Department of Justice announced its intention to initiate the rule -making process in April 2023, with a comment period ending June 2023.354 Pending adoption of federal standards, many state and local governments have used draft regulations issued during a prior Department of Justice rule -making process that started in 2010, but 350 42 U.S.C. § 12131 et seq. 351 28 C.F.R. 35.160(a) and (b) (1). 352 See U.S. Department of Justice Guidance on Guidance on Web Accessibility and the ADA (issued March 18, 2022), DOJ 22-262 (D.O.J.), 2022 WL 820126; also available at https://www.ada.gov/resources/web-guidance/. 353 See U.S. Dep't of Justice, Accessibility of State and Local Government Websites to People with Disabilities (available at http://www.ada.gov/websites2.htm or https://www.ada.gov/websites2 prnt.pdf; U.S. Dep't of Justice, ADA Best Practices Tool Kit for State and Local Governments, Chapter 5, "Website Accessibility Under Title II of the ADA" (available at https://www.ada.qoy/ocatoolkit/chap5toolkit.htm or https://www.ada.gov/ocatoolkit/ch3 toolkit.odf). See Borden v. City of Sacramento, 292 F. 3d 1073, 1076-1077 (9th Cir. 2002) (holding that the ADA must be construed broadly to apply to normal functions of a municipal entity in order to effectively implement the ADA's fundamental purpose of providing a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities). 354 The notice is available in the Department of Justice's Unified Agenda at: https://www.reginfo.gov/public/do/eAgendaViewRule?RIN=1 190- AA79&publd=202204&utm_mediu m=email &utm_source=govdelivery. Public Records Act Page 76 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records was ended in 2017.355 Those draft standards are often used by state and local governments as a guide for best practices in considering accessibility issues. In addition, even without specific technical standards applicable to local governments, there are a number of regulations and guidelines that may be used to design accessible public websites. Other federal laws may impose accessibility requirements on local government websites, depending on the circumstances. For example, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability by federal agencies and recipients of federal assistance, and consequently recipients of federal funds may need to meet federal accessibility requirements.356 Section 508 of the Workforce Rehabilitation Act of 1973, as amended, also requires programs and activities funded by federal agencies to be accessible to people with disabilities, including federal employees and members of the public, and covers ICT developed, procured, maintained, or used by federal agencies.357 The Telecommunications Act of 1996 requires in part that telecommunications products and services be accessible to people with disabilities.358 Potential sources of website design standards include: • The Federal Information and Communications Technology (ICT) Final Standards and Guidelines, set forth at 36 C.F.R. parts 1 193 and 1 194;359 and • The World Wide Web Consortium (W3C) Web Content Accessibility Guidelines.360 While these sources do not expressly apply to city websites, they provide various methods of ensuring that a web page is accessible, including providing text equivalents for graphics, ensuring that information conveyed with color is also available without color, and using high contrast color choices. Many state and 355 See 75 Fed. Reg. 43460 (July 26, 2010), 2010 WL 2888003(F.R.); 81 Fed. Reg. 28658 (May 9, 2016), 2016 WL 2609932(F.R.); and 82 Fed. Reg. 60932 (December 26, 2017), 2017 WL 6555806(F.R.). 356 29 U.S.C. § 794. 357 29 U.S.C. § 794d; see 36 C.F.R. Part 1 194; Appendix A to Part 1 194—Section 508 of the Rehabilitation Act: Application and Scoping Requirements; Appendix C to Part 1 194—Functional Performance Criteria and Technical Requirements; and Appendix D to Part 1194—Electronic and Information Technology Accessibility Standards as Originally Published on December 21, 2000. 358 47 U.S.C. §§ 153 and 255. 359 82 Fed. Reg. 5790-01 (1/18/17), 2017 WL 168818, as amended 83 Fed. Reg. 2912 (1/22/18), 2018 WL 488398. These federal regulations were enacted pursuant to Section 508 of the Workforce Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and the Telecommunications Act of 1996 (47 U.S.C. §§ 153 and 255). 360 Available at http://www.w3.org/. The revised Section 508 standards contained in the federal regulations are based on WCAG 2.0 developed by the World Wide Web Consortium (W3C). Public Records Act Page 77 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records local agencies have incorporated the federal requirements into the design of their information technology systems, including their websites.361 Providing accommodations for persons with disabilities to use public websites is not particularly onerous; in fact, the Department of Justice has stated that "implementing accessibility features is not difficult and will seldom change the layout or appearance of web pages."362 IV. CONCLUSIONS The law related to electronic documents continues to evolve as computer technology advances and public officials respond and adapt to those advances. The advent of email, text messages, and other forms of social media has expanded the opportunities for collaboration greatly, but has simultaneously expanded the potential for inadvertent Brown Act violations, as well as unwanted disclosure of preliminary or sensitive information when emails and text messages must be disclosed in response to a Public Records Act request. When using email, public officials should refrain from using "reply all" to avoid serial meetings, and should be aware of the disclosure requirements of the Brown Act for documents related to items discussed at a public meeting. Public officials should also be sensitive to the risk that the Public Records Act may require disclosure of emails or text messages in which they discuss public business, and not treat them as casual conversation. While the deliberative process privilege may apply to protect some such emails or text messages, the doctrine has been applied sparingly by California courts. A clear policy regarding the deletion of emails and text messages will also help to reduce unwanted exposure, although an agency must be able to suspend its usual deletion procedures to preserve electronic records potentially relevant to state or federal litigation. Although federal and state laws continue to develop, electronic documents and information other than emails (for example, posts on social media websites, such as Facebook363 or Twitter,364 that are deemed to be a public forum or otherwise relate to an agency's public business) may be subject to disclosure under the California Public Records Act, California discovery rules, and Federal Rules of Civil 361 In California, state websites must meet both the web accessibility standards in California Government Code §§ 7405 and 11135, which adopted the Section 508 standards and the Priority 1 and 2 level checkpoints of the Web Content Accessibility Guidelines 2.0 (WCAG 2.0 "AA" Conformance Level) developed by the World Wide Web Consortium (W3C). 362 U.S. Dep't of Justice, Accessibility of State and Local Government Websites to People with Disabilities, htto://www.ada.gov/websites2.htm. 363 See discussion in Part III(G), above, regarding Davison v. Randall, 912 F. 3d 666 (county official's Facebook page deemed a public form). See also German v. Eudaly, 2018 WL 3212020 (D. Ore. 2018) [on facts presented, judge ruled that a city commissioner did not violate a public activist's right to petition the government when the commissioner blocked the activist from seeing the commissioner's nonofficial Facebook page and denied a public records request to see the Facebook page, but granted the activist leave to amend her complaint to show that the commissioner acted in her official capacity when using her nonofficial Facebook page]. 364 See discussion in Part III(E), fn. 350, above, regarding One Wisconsin Now v. Kremer, 354 F. Supp. 3d 940 (interactive portions of state legislators' Twitter accounts constituted a designated public forum under the First Amendment). Public Records Act Page 78 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records Procedure 26(a). An agency must make electronic records available in an electronic format if requested in response to a Public Records Act request. An agency may also have to disclose electronic records in litigation and even metadata may be discoverable. Thus, it is important to avoid the automatic creation of metadata, to the extent possible. Public officials should also consult with their information technology departments to ensure that metadata is not inadvertently inserted into electronic records when they are created. With respect to websites, caution must be taken to ensure a public agency's website does not indicate support or approval of, or promote or advocate for, a candidate for elective office. Likewise, a public agency website cannot be used to advocate for or against an initiative election. In addition to avoiding express advocacy that unambiguously suggests a particular position in a campaign, public officials must also avoid any actions which, based on their "style, tenor and timing," may lead to a determination that a public agency website contains impermissible advocacy. The content of a website link policy, and the manner in which such a policy is implemented, are critical in a public agency's ability to regulate the information and links that will be permitted on its website. It is important that a public agency does not arbitrarily discriminate in denying requests for website links. The establishment and adherence to a specific written policy regarding website links would likely assist a public agency in avoiding the litigation challenges faced by the City of Cookeville in the Putnam Pit case, and should assist generally in avoiding violations of the First Amendment. A uniform policy, such as that upheld in the Vargas opinion, may serve as a viable defense to such challenges. We have several recommendations for drafting website policies. First, the website link policy should contain a "statement of purpose" indicating that neither the public agency's website nor its links list are "forums" for expressive activity by the public. The following is our suggested language for that portion of the policy, for the hypothetical City of Anytown: "This policy governs the establishment of external links on the City of Anytown's official website. For purposes of this policy, an `external link' is a hyperlink from the City of Anytown's website to a website maintained by another party. Neither the City of Anytown's website nor the external links listed on such website constitute a forum for expressive activity by members of the public. Rather, the purpose of the City of Anytown's website and the external links list is to provide information about officials, services, and attractions related to City of Anytown. This policy is declaratory of the City of Anytown's existing Public Records Act Page 79 © 2023 Richards, Watson & Gershon 2769535 Part Two: Electronic Records administrative practice regarding the establishment of external links on its website." Second, the website link policy should specifically designate the types of organizations that are eligible to have a link established to their website. We think eligibility may be limited to nonprofit entities (as Cookeville chose to do), but it does not have to be so restricted. We also recommend that the website specifically exclude links to sites that have as their purpose the election or defeat of specific candidates or the passage or defeat of specific ballot measures, regardless of political position. In our opinion, implementation of these suggestions will strengthen a public agency's position if it ever becomes necessary to defend a decision to deny a request for a link from a public agency's website. Finally, the agency should ensure that its web page 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 choices. Public Records Act Page 80 © 2023 Richards, Watson & Gershon 2769535 PART THREE. THE CALIFORNIA PUBLIC RECORDS ACT Public Records Act Page 81 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act The California Public Records Act DIVISION 10. ACCESS TO PUBLIC RECORDS PART 1. GENERAL PROVISIONS CHAPTER 1. Preliminary Provisions Article 1. Short Titles 7920.000. This division shall be known and may be cited as the California Public Records Act. 7920.005. This division recodifies the provisions of former Chapter 3.5 (commencing with Section 6250) of Division 7 of this title. The act that added this division, and the act that consists of conforming revisions to reflect the addition of this division, shall be known and may be cited as the "CPRA Recodification Act of 2021." Article 2. Effect of Recodification 7920.100. Nothing in the CPRA Recodification Act of 2021 is intended to substantively change the law relating to inspection of public records. The act is intended to be entirely nonsubstantive in effect. Every provision of this division and every other provision of this act, including, without limitation, every cross- reference in every provision of the act, shall be interpreted consistent with the nonsubstantive intent of the act. 7920.105. (a) A provision of this division, or any other provision of the CPRA Recodification Act of 2021, insofar as it is substantially the same as a previously existing provision relating to the same subject matter, shall be considered as a restatement and continuation thereof and not as a new enactment. (b) A reference in a statute to a previously existing provision that is restated and continued in this division, or in any other provision of the CPRA Recodification Act of 2021, shall, unless a contrary intent appears, be deemed a reference to the restatement and continuation. (c) A reference in a statute to a provision of this division, or any other provision of the CPRA Recodification Act of 2021, which is substantially the same as a previously existing provision, shall, unless a contrary intent appears, be deemed to include a reference to the previously existing provision. 7920.110. (a) A judicial decision interpreting a previously existing provision is relevant in interpreting any provision of this division, or any other provision of the Public Records Act Page 82 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CPRA Recodification Act of 2021, which restates and continues that previously existing provision. (b) However, in enacting the CPRA Recodification Act of 2021, the Legislature has not evaluated the correctness of any judicial decision interpreting a provision affected by the act. (c) The CPRA Recodification Act of 2021 is not intended to, and does not, reflect any assessment of any judicial decision interpreting any provision affected by the act. 7920.115. (a) An opinion of the Attorney General interpreting a previously existing provision is relevant in interpreting any provision of this division, or any other provision of the CPRA Recodification Act of 2021, which restates and continues that previously existing provision. (b) However, in enacting the CPRA Recodification Act of 2021, the Legislature has not evaluated the correctness of any Attorney General opinion interpreting a provision affected by the act. (c) The CPRA Recodification Act of 2021 is not intended to, and does not, reflect any assessment of any Attorney General opinion interpreting any provision affected by the act. 7920.120. (a) A judicial decision or Attorney General opinion on the constitutionality of a previously existing provision is relevant in determining the constitutionality of any provision of this division, or any other provision of the CPRA Recodification Act of 2021, which restates and continues that previously existing provision. (b) However, in enacting the CPRA Recodification Act of 2021, the Legislature has not evaluated the constitutionality of any provision affected by the act, or the correctness of any judicial decision or Attorney General opinion on the constitutionality of any provision affected by the act. (c) The CPRA Recodification Act of 2021 is not intended to, and does not, reflect any determination of the constitutionality of any provision affected by the act. Article 3. Effect of Division 7920.200. The provisions of this division shall not be deemed in any manner to affect the status of judicial records as it existed immediately before the effective date of the provision that is continued in this section, nor to affect the rights of litigants, including parties to administrative proceedings, under the laws of Public Records Act Page 83 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act discovery of this state, nor to limit or impair any rights of discovery in a criminal case. CHAPTER 2. Definitions 7920.500. For purposes of Article 3 (commencing with Section 7928.200) of Chapter 14 of Part 5, "elected or appointed official" includes, but is not limited to, all of the following: (a) A state constitutional officer. (b) A Member of the Legislature. (c) A judge or court commissioner. (d) A district attorney. (e) A public defender. (f) A member of a city council. (g) A member of a board of supervisors. (h) An appointee of the Governor. (i) An appointee of the Legislature. (j) A mayor. (k) A city attorney. (1) A police chief or sheriff. (m) A public safety official. (n) A state administrative law judge. (o) A federal judge or federal defender. (p) A member of the United States Congress or appointee of the President of the United States. 7920.505. (a) The following provisions are continuations of provisions that were included in former Section 6254 as that section read when it was repealed by the CPRA Recodification Act of 2021: (1) Section 7921.500. Public Records Act Page 84 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (2) Sections 7923.600 to 7923.625, inclusive. (3) Section 7923.700. (4) Sections 7923.800 and 7923.805. (5) Section 7924.505. (6) Section 7925.000. (7) Section 7925.005. (8) Section 7925.010. (9) Section 7926.000. (10) Section 7926.100. (1 1) Section 7926.200. (12) Section 7926.210. (13) Section 7926.220, except the continuation of former Section 6254.14(b). (14) Section 7926.225, except the continuation of former Section 6254.14(b). (15) Section 7926.230, except the continuation of former Section 6254.14(b). (16) Section 7926.235. (17) Section 7927.000. (18) Section 7927.100. (19) Section 7927.200. (20) Section 7927.300. (21) Section 7927.500. (22) Section 7927.700. (23) Section 7927.705. (24) Section 7928.000. (25) Section 7928.100. Public Records Act Page 85 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (26) Sections 7928.405 and 7928.410. (27) Section 7928.705. (28) Section 7929.000. (29) Section 7929.200. (30) Section 7929.205. (31) Chapter 18 (commencing with Section 7929.400) of Part 5. (32) Section 7929.605. (b) The provisions listed in subdivision (a) may be referred to as "former Section 6254 provisions." (c) Subdivision (a) does not include any provision that was first codified in one of the specified numerical ranges after the effective date of the CPRA Recodification Act of 2021. 7920.510. As used in this division, "local agency" includes any of the following: (a) A county. (b) A city, whether general law or chartered. (c) A city and county. (d) A school district. (e) A municipal corporation. (f) A district. (g) A political subdivision. (h) Any board, commission, or agency of the foregoing. (i) Another local public agency. (j) An entity that is a legislative body of a local agency pursuant to subdivision (c) or (d) of Section 54952. 7920.515. As used in this division, "member of the public" means any person other than a member, agent, officer, or employee of a federal, state, or local agency Public Records Act Page 86 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act who is acting within the scope of that membership, agency, office, or employment. 7920.520. As used in this division, "person" includes any natural person, corporation, partnership, limited liability company, firm, or association. 7920.525. (a) As used in this division, "public agency" means any state or local agency. (b) As used in Article 5 (commencing with Section 7926.400) of Chapter 5 of Part 5, "public agency" means an entity specified in subdivision (c) of Section 7926.400. 7920.530. (a) As used in this division, "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. (b) "Public records" in the custody of, or maintained by, the Governor's office means any writing prepared on or after January 6, 1975. 7920.535. As used in this division, "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 the person's employment pursuant to Section 830.7 of the Penal Code. (b) A public officer or other person listed in Section 1808.2 or 1808.6 of the Vehicle Code. (c) An "elected or appointed official" as defined in Section 7920.500. (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 represents cities in criminal matters. (f) An employee of the Department of Corrections and Rehabilitation who supervises inmates or is required to have care or custody of a prisoner. (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, or a local juvenile hall, camp, Public Records Act Page 87 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 California. (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 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 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. 7920.540. (a) As used in this division, "state agency" means every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (b) Notwithstanding subdivision (a) or any other law, "state agency" also means the State Bar of California, as described in Section 6001 of the Business and Professions Code. 7920.545. As used in this division, "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. Public Records Act Page 88 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act PART 2. DISCLOSURE AND EXEMPTIONS GENERALLY CHAPTER 1. Right of Access to Public Records 7921.000. In enacting this division, 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. 7921.005. 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 division. 7921.010. (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 division to a private entity in a manner that prevents a state or local agency from providing the record directly pursuant to this division. (b) Nothing in this section requires a state or local agency to use the State Printer to print public records. (c) Nothing in this section prevents the destruction of a public record pursuant to law. (d) This section shall not apply to contracts entered into before January 1, 1996, between the County of Santa Clara and a private entity, for the provision of public records subject to disclosure under this division. CHAPTER 2. General Rules Governing Disclosure Article 1. Nondiscrimination 7921.300. This division 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. 7921.305. (a) Notwithstanding the definition of "member of the public" in Section 7920.515, 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. (b) This section does not constitute a change in, but is declaratory of, existing law. 7921.310. Notwithstanding Section 7921.305 or any other provision of law, when the members of a legislative body of a local agency are authorized to access a Public Records Act Page 89 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. Article 2. Voluntary Disclosure 7921.500. Unless disclosure is otherwise prohibited by law, the provisions listed in Section 7920.505 do not prevent any agency from opening its records concerning the administration of the agency to public inspection. 7921.505. (a) As used in this section, "agency" includes a member, agent, officer, or employee of the agency acting within the scope of that membership, agency, office, or employment. (b) Notwithstanding any other law, if a state or local agency discloses to a member of the public a public record that is otherwise exempt from this division, this disclosure constitutes a waiver of the exemptions specified in: (1) The provisions listed in Section 7920.505. (2) Sections 7924.510 and 7924.700. (3) Other similar provisions of law. (c) This section, however, does not apply to any of the following disclosures: (1) A disclosure made pursuant to the Information Practices Act (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) or a discovery proceeding. (2) A disclosure made through other legal proceedings or as otherwise required by law. (3) A disclosure within the scope of disclosure of a statute that limits disclosure of specified writings to certain purposes. (4) A disclosure not required by law, and prohibited by formal action of an elected legislative body of the local agency that retains the writing. (5) A disclosure made to a governmental agency that 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 that are consistent with existing law. Public Records Act Page 90 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (6) A disclosure of records relating to a financial institution or an affiliate thereof, if the disclosure is made to the financial institution or affiliate by a state agency responsible for regulation or supervision of the financial institution or affiliate. (7) A disclosure of records relating to a person who is subject to the jurisdiction of the Department of Business Oversight, if the disclosure is made to the person who 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 Business Oversight. (8) A disclosure made by the Commissioner of Business Oversight under Section 450, 452, 8009, or 18396 of the Financial Code. (9) A disclosure of records relating to a person who is subject to the jurisdiction of the Department of Managed Health Care, if the disclosure is made to the person who 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. Article 3. Disclosure to District Attorney and Related Matters 7921.700. A state or local agency shall allow an inspection or copying of any public record or class of public records not exempted by this division when requested by a district attorney. 7921.705. (a) If a district attorney makes a request to a state or local agency to inspect or receive a copy of a public record or class of public records not exempted by this division, and the state or local agency fails or refuses to allow inspection or copying within 10 working days of that request, the district attorney may petition a court of competent jurisdiction to require the state or local agency to allow the requested inspection or copying. (b) Unless the public interest or good cause in withholding the requested records clearly outweighs the public interest in disclosure, the court may require the public agency to allow the district attorney to inspect or copy those records. 7921.710. Disclosure of records to a district attorney under the provisions of this division shall effect no change in the status of the records under any other provision of law. Public Records Act Page 91 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CHAPTER 3. General Rules Governing Exemptions from Disclosure Article 1. Justification for Withholding of Record 7922.000. An agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this division, 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. Article 2. Social Security Numbers and Related Matters 7922.200. (a) It is the intent of the Legislature that, in order to protect against the risk of identity theft, a local agency shall redact social security numbers from a record before disclosing the record to the public pursuant to this division. (b) Nothing in this division shall be construed to require a local agency to disclose a social security number. (c) This section does not apply to a record maintained by a county recorder. 7922.205. Nothing in this division 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. 7922.210. Nothing in this division shall be construed to require the disclosure by a filing office of any "official filing," if a "public filing" version of that record is available pursuant to Section 9526.5 of the Commercial Code. PART 3. PROCEDURES AND RELATED MATTERS CHAPTER 1. Request for a Public Record Article 1. General Principles 7922.500. Nothing in this division shall be construed to permit an agency to delay or obstruct the inspection or copying of public records. 7922.505. 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 division. Public Records Act Page 92 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Article 2. Procedural Requirements Generally 7922.525. (a) Public records are open to inspection at all times during the office hours of a state or local agency and every person has a right to inspect any public record, exempted as otherwise provided. (b) 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. 7922.530. (a) 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. (b) A requester who inspects a disclosable record on the premises of the agency has the right to use the requester's equipment on those premises, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record, unless the means of copy or reproduction would result in either of the following: (1) Damage to the record. (2) Unauthorized access to the agency's computer systems or secured networks by using software, equipment, or any other technology capable of accessing, altering, or compromising the agency's electronic records. (c) The agency may impose any reasonable limits on the use of the requester's equipment that are necessary to protect the safety of the records or to prevent the copying of records from being an unreasonable burden to the orderly function of the agency and its employees. In addition, the agency may impose any limit that is necessary to maintain the integrity of, or ensure the long-term preservation of, historic or high -value records. 7922.535. (a) 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. If the agency determines that the request seeks disclosable public records, the agency shall also state the estimated date and time when the records will be made available. Public Records Act Page 93 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) In unusual circumstances, the time limit prescribed in this article and Article 1 (commencing with Section 7922.500) may be extended by written notice from the head of the agency or a 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. (c) 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: (1) 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 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. 7922.540. (a) 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. (b) The notification of denial shall set forth the names and titles or positions of each person responsible for the denial. (c) An agency shall justify withholding any record by complying with Section 7922.000. 7922.545. (a) In addition to maintaining public records for public inspection during its office hours, a public agency may comply with Section 7922.525 by posting any public record on its internet website and, in response to a request for a public record posted on the internet website, directing a member of the public to the location on the internet website where the public record is posted. (b) However, if after the public agency directs a member of the public to the internet website, 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 Public Records Act Page 94 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act record from the internet website, the public agency shall promptly provide a copy of the public record pursuant to subdivision (a) of Section 7922.530. Article 3. Information in Electronic Format 7922.570. (a) Unless otherwise prohibited by law, any agency that has information that constitutes an identifiable public record not exempt from disclosure pursuant to this division that is in an electronic format shall make that information available in an electronic format when requested by any person. (b) When applicable, the agency shall do the following: (1) The agency shall make the information available in any electronic format in which it holds the information. (2) The agency shall provide a copy of an electronic record in the format requested if the requested format is one that the agency has used to create copies for its own use or for provision to other agencies. (c) If a request is for information in other than electronic format, and the information also is in electronic format, an agency may inform the requester that the information is available in electronic format. 7922.575. (a) The cost of duplication of an electronic record pursuant to paragraph (2) of subdivision (b) of Section 7922.570 shall be limited to the direct cost of producing a copy of a record in an electronic format. (b) Notwithstanding 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 subdivisions (a) and (b) of Section 7922.570, the public agency would be required to produce a copy of an electronic 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. 7922.580. (a) Nothing in Section 7922.570 or 7922.575 shall be construed to require a public agency to reconstruct a record in an electronic format if the agency no longer has the record available in an electronic format. (b) Nothing in Section 7922.570 or 7922.575 shall be construed to permit an agency to make information available only in an electronic format. Public Records Act Page 95 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (c) Nothing in Section 7922.570 or 7922.575 shall be construed to require a 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. (d) Nothing in Section 7922.570 or 7922.575 shall be construed to permit public access to records held by any agency to which access is otherwise restricted by statute. 7922.585. (a) As used in this section, "computer software" includes computer mapping systems, computer programs, and computer graphics systems. (b) Computer software developed by a state or local agency is not itself a public record under this division. The agency may sell, lease, or license the software for commercial or noncommercial use. (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 division. (e) Nothing in this section is intended to limit any copyright protections. Article 4. Duty to Assist in Formulating Request 7922.600. (a) 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. (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 Public Records Act Page 96 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 Article 1 (commencing with Section 7922.500) or Article 2 (commencing with Section 7922.525). 7922.605. This article shall not apply to a request for public records if any of the following applies: (a) The public agency makes the requested records available pursuant to Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525). (b) The public agency makes an index of its records available. (c) The public agency determines that the request should be denied and bases that determination solely on an exemption listed in Section 7920.505. CHAPTER 2. Agency Regulations, Guidelines, Systems, and Similar Matters Article 1. Agency Regulations and Guidelines 7922.630. Every agency may adopt regulations in accordance with this article stating the procedures to be followed when making its records available. 7922.635. (a) The following state and local bodies shall establish written guidelines for accessibility of records: (1) All regional water quality control boards. (2) Bay Area Air Pollution Control District. (3) California Coastal Commission. (4) Department of Business Oversight. (5) Department of Consumer Affairs. (6) Department of Corrections and Rehabilitation. (7) Department of General Services. (8) Department of Industrial Relations. (9) Department of Insurance. Public Records Act Page 97 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (10) Department of Justice. (1 1) Department of Managed Health Care. (12) Department of Motor Vehicles. (13) Department of Parks and Recreation. (14) Department of Real Estate. (15) Department of Toxic Substances Control. (16) Department of Veterans Affairs. (17) Department of Water Resources. (18) Division of Juvenile Justice. (19) Employment Development Department. (20) Golden Gate Bridge, Highway and Transportation District. (21) Los Angeles County Air Pollution Control District. (22) Office of Environmental Health Hazard Assessment. (23) Public Employees' Retirement System. (24) Public Utilities Commission. (25) San Francisco Bay Area Rapid Transit District. (26) San Francisco Bay Conservation and Development Commission. (27) Secretary of State. (28) State Air Resources Board. (29) State Board of Equalization. (30) State Department of Developmental Services. (31) State Department of Health Care Services. (32) State Department of Public Health. (33) State Department of Social Services. Public Records Act Page 98 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (34) State Department of State Hospitals. (35) State Water Resources Control Board. (36) Teachers' Retirement Board. (37) Transportation Agency. (b) 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. 7922.640. (a) Guidelines and regulations adopted pursuant to this article shall be consistent with all other sections of this division and shall reflect the intention of the Legislature to make the records accessible to the public. (b) Guidelines and regulations adopted pursuant to this article shall not operate to limit the hours public records are open for inspection as prescribed in Article 1 (commencing with Section 7922.500) and Article 2 (commencing with Section 7922.525). Article 2. Internet Resources 7922.680. If a local agency, except a school district, maintains an internet resource, including, but not limited to, an internet website, 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 redistribution of the public record. (d) Retains the data definitions and structure present when the data was compiled, if applicable. Public Records Act Page 99 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Article 3. Catalog of Enterprise Systems 7922.700. For purposes of this article: (a) "Enterprise system" means a software application or computer system that satisfies all of the following conditions: (1) It collects, stores, exchanges, and analyzes information that the agency uses. (2) It is a multidepartmental system or a system that contains information collected about the public. (3) It is a system of record. (b) An "enterprise system" does not include any of the following: (1) Information technology security systems, including firewalls and other cybersecurity systems. (2) Physical access control systems, employee identification management systems, video monitoring, and other physical control systems. (3) Infrastructure and mechanical control systems, including those that control or manage street lights, electrical, natural gas, or water or sewer functions. (4) Systems related to 911 dispatch and operation or emergency services. (5) Systems that would be restricted from disclosure pursuant to Section 7929.210. (6) The specific records that the information technology system collects, stores, exchanges, or analyzes. 7922.705. For purposes of this article, "system of record" means a system that serves as an original source of data within an agency. 7922.710. (a) In implementing this division, each local agency, except a local educational agency, shall create a catalog of enterprise systems. (b) The local agency shall complete and post the catalog as required by this article by July 1, 2016, and thereafter shall update the catalog annually. 7922.715. (a) The catalog of enterprise systems required by Section 7922.710 shall be made publicly available upon request in the office of the person or officer designated by the agency's legislative body. (b) If the agency has an internet website, the catalog shall be posted in a prominent location on the agency's internet website. Public Records Act Page 100 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7922.720. (a) The catalog of enterprise systems required by Section 7922.710 shall disclose a list of the enterprise systems utilized by the agency. (b) For each system, the catalog 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. (c) 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 (b) 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. 7922.725. (a) This article shall not be interpreted to limit a person's right to inspect public records pursuant to this division. (b) Nothing in this article 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 a public record, as set forth in this division. PART 4. ENFORCEMENT CHAPTER 1. General Principles 7923.000. Any person may institute a proceeding for injunctive or declarative relief, or for a writ of mandate, in any court of competent jurisdiction, to enforce that person's right under this division to inspect or receive a copy of any public record or class of public records. 7923.005. In a proceeding under Section 7923.000, the court shall set the times for hearings and responsive pleadings with the object of securing a decision as to the matters at issue at the earliest possible time. Public Records Act Page 101 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CHAPTER 2. Enforcement Procedure Article 1. Petition to Superior Court 7923.100. 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 the public, the court shall order the officer or other person charged with withholding the records to disclose those records or show cause why that person should not do so. 7923.105. The court shall decide the case after the court does all of the following: (a) Examine the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code. (b) Examine any papers filed by the parties. (c) Consider any oral argument and additional evidence as the court may allow. 7923.110. (a) If the court finds that the public official's decision to refuse disclosure is not justified under Section 7922.000 or any provision listed in Section 7920.505, the court shall order the public official to make the record public. (b) If the court finds that the public official was justified in refusing to make the record public, the court shall return the record to the public official without disclosing its content, together with an order supporting the decision refusing disclosure. 7923.115. (a) If the requester prevails in litigation filed pursuant to this chapter, the court shall award court costs and reasonable attorney's fees to the requester. The costs and fees shall be paid by the public agency and shall not become a personal liability of the public official involved. (b) If the court finds that a requester's case pursuant to this chapter is clearly frivolous, the court shall award court costs and reasonable attorneys' fees to the public agency. (c) This article does not limit a requester's right to obtain fees and costs pursuant to this section or any other law. Article 2. Writ Review and Contempt 7923.500. (a) 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 Public Records Act Page 102 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act reviewable by petition to the appellate court for the issuance of an extraordinary writ. (b) Upon entry of any order pursuant to this chapter, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon the party of a written notice of entry of the order, or within a further time, not exceeding an additional 20 days, as the trial court may for good cause allow. (c) If the notice is served by mail, the period within which to file the petition shall be increased by five days. (d) A stay of an order or judgment shall not be granted unless the petitioning party demonstrates that the party will otherwise sustain irreparable damage and probable success on the merits. (e) Any person who fails to obey the order of the court shall be cited to show cause why that person is not in contempt of court. PART 5. SPECIFIC TYPES OF PUBLIC RECORDS CHAPTER 1. Crimes, Weapons, and Law Enforcement Article 1. Law Enforcement Records Generally 7923.600. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of 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 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. (b) A customer list that an alarm or security company provides to a state or local police agency at the agency's request is a record subject to this article. 7923.605. (a) Notwithstanding Section 7923.600, a state or local law enforcement agency 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, Public Records Act Page 103 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger either of the following: (1) The safety of a witness or other person involved in the investigation. (2) The successful completion of the investigation or a related investigation. (b) However, this article does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer. 7923.610. Notwithstanding any other provision of this article, a state or local law enforcement agency shall make public all of 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: (a) The full name and occupation of every individual arrested by the agency. (b) The individual's physical description including date of birth, color of eyes and hair, sex, height, and weight. (c) The time and date of arrest. (d) The time and date of booking. (e) The location of the arrest. (f) The factual circumstances surrounding the arrest. (g) The amount of bail set. (h) The time and manner of release or the location where the individual is currently being held. (i) All charges the individual is being held upon, including any outstanding warrants from other jurisdictions, parole holds, and probation holds. 7923.615. (a) (1) Notwithstanding any other provision of this article, a state or local law enforcement agency shall make public the information described in paragraph (2), 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. Public Records Act Page 104 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (2) Subject to the restrictions imposed by Section 841.5 of the Penal Code, paragraph (1) applies to 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: (A) The time, date, and location of occurrence. (B) The time and date of the report. (C) The name and age of the victim. (D) The factual circumstances surrounding the crime or incident. (E) A general description of any injuries, property, or weapons involved. (b) (1) The name of a victim of any crime defined by Section 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 287, 288, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of, or former Section 288a 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 ,•7i�lr�Tir� (2) 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 article 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 section. (c) (1) 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. (2) For purposes of this article, "immediate family" has the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code. 7923.620. (a) Notwithstanding any other provision of this article, if the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political, or governmental 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 Public Records Act Page 105 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Code, a state or local law enforcement agency 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) Subject to the restrictions of Section 841.5 of the Penal Code and this article, the current address of every individual arrested by the agency. (2) Subject to the restrictions of Section 841.5 of the Penal Code and this article, the current address of the victim of a crime. 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, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 287, 288, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of, or former Section 288a of, the Penal Code shall remain confidential. (b) Address information obtained pursuant to this section 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. (c) This section shall not be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this section. 7923.625. Notwithstanding any other provision of this article, commencing July 1, 2019, a video or audio recording that relates to a critical incident, as defined in subdivision (e), may be withheld only as follows: (a) (1) During an active criminal or administrative investigation, disclosure of a recording related to a critical incident may be delayed for no longer than 45 calendar days after the date the agency knew or reasonably should have known about the incident, if, based on the facts and circumstances depicted in the recording, disclosure would substantially interfere with the investigation, such as by endangering the safety of a witness or a confidential source. If an agency delays disclosure pursuant to this section, the agency shall provide in writing to the requester the specific basis for the agency's determination that disclosure would substantially interfere with the investigation and the estimated date for disclosure. (2) After 45 days from the date the agency knew or reasonably should have known about the incident, and up to one year from that date, the agency may continue to delay disclosure of a recording if the agency demonstrates that disclosure would substantially interfere with the investigation. After one year from the date the agency knew or reasonably should have known about the incident, Public Records Act Page 106 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act the agency may continue to delay disclosure of a recording only if the agency demonstrates by clear and convincing evidence that disclosure would substantially interfere with the investigation. If an agency delays disclosure pursuant to this paragraph, the agency shall promptly provide in writing to the requester the specific basis for the agency's determination that the interest in preventing interference with an active investigation outweighs the public interest in disclosure and provide the estimated date for the disclosure. The agency shall reassess withholding and notify the requester every 30 days. A recording withheld by the agency shall be disclosed promptly when the specific basis for withholding is resolved. (b) (1) If the agency demonstrates, on the facts of the particular case, that the public interest in withholding a video or audio recording clearly outweighs the public interest in disclosure because the release of the recording would, based on the facts and circumstances depicted in the recording, violate the reasonable expectation of privacy of a subject depicted in the recording, the agency shall provide in writing to the requester the specific basis for the expectation of privacy and the public interest served by withholding the recording and may use redaction technology, including blurring or distorting images or audio, to obscure those specific portions of the recording that protect that interest. However, the redaction shall not interfere with the viewer's ability to fully, completely, and accurately comprehend the events captured in the recording and the recording shall not otherwise be edited or altered. (2) Except as provided in paragraph (3), if the agency demonstrates that the reasonable expectation of privacy of a subject depicted in the recording cannot adequately be protected through redaction as described in paragraph (1) and that interest outweighs the public interest in disclosure, the agency may withhold the recording from the public, except that the recording, either redacted as provided in paragraph (1) or unredacted, shall be disclosed promptly, upon request, to any of the following: (A) The subject of the recording whose privacy is to be protected, or the subject's authorized representative. (B) If the subject is a minor, the parent or legal guardian of the subject whose privacy is to be protected. (C) If the subject whose privacy is to be protected is deceased, an heir, beneficiary, designated immediate family member, or authorized legal representative of the deceased subject whose privacy is to be protected. (3) If disclosure pursuant to paragraph (2) would substantially interfere with an active criminal or administrative investigation, the agency shall provide in writing to the requester the specific basis for the agency's determination that disclosure Public Records Act Page 107 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act would substantially interfere with the investigation, and provide the estimated date for the disclosure of the video or audio recording. Thereafter, the recording may be withheld by the agency for 45 calendar days, subject to extensions as set forth in paragraph (2) of subdivision (a). (c) An agency may provide greater public access to video or audio recordings than the minimum standards set forth in this section. (d) For purposes of this section, a peace officer does not include any peace officer employed by the Department of Corrections and Rehabilitation. (e) For purposes of this section, a video or audio recording relates to a critical incident if it depicts any of the following incidents: (1) An incident involving the discharge of a firearm at a person by a peace officer or custodial officer. (2) An incident in which the use of force by a peace officer or custodial officer against a person resulted in death or in great bodily injury. (f) This section does not alter, limit, or negate any other rights, remedies, or obligations with respect to public records regarding an incident other than a critical incident as described in subdivision (e). 7923.630. (a) Immediately before the CPRA Recodification Act of 2021, the other provisions in this article comprised a single subdivision of former Section 6254 (subdivision (f) of Section 29 of Chapter 385 of the Statutes of 2019). (b) Dividing the substance of those provisions into multiple code sections was not intended to affect the construction of those provisions or their relation to each other. Article 2. Obtaining Access to Law Enforcement Records 7923.650. The exemption of records of complaints to, or investigations conducted by, any state or local agency for licensing purposes under Article 1 (commencing with Section 7923.600) shall not apply when a district attorney requests inspection of those records. 7923.655. (a) A state or local law enforcement agency shall not require a victim of an incident, or an authorized representative of a victim, 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 Article 1 (commencing with Section 7923.600). Public Records Act Page 108 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) If, for identification purposes, a state or local law enforcement agency requires a victim of an incident, or an authorized representative of a victim, to provide identification in order to obtain information required to be disclosed by that law enforcement agency pursuant to Article 1 (commencing with Section 7923.600), the agency shall at a minimum accept any of the following: (1) A current driver's license or identification card issued by any state in the United States. (2) A current passport issued by the United States or a foreign government with which the United States has a diplomatic relationship. (3) A current Matricula Consular card. Article 3. Records of Emergency Communications to Public Safety Authorities 7923.700. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of a record obtained pursuant to paragraph (2) of subdivision (f) of Section 2891.1 of the Public Utilities Code. Article 4. Records Specifically Relating to Crime Victims 7923.750. (a) This division 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 that type of video or audio recording by demonstrating, pursuant to Section 7922.000 and subdivision (a) of Section 7922.540, 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. Public Records Act Page 109 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (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 7921.505. (d) Nothing in this section shall be construed to affect any other exemption provided by this division. 7923.755. (a) This division does not require disclosure of a record of the California Victim Compensation Board that relates 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. Article 5. Firearm Licenses and Related Records 7923.800. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of any of the following information contained in an application for a license to carry a firearm, issued by the sheriff of a county or the chief or other head of a municipal police department pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code: (a) Information that indicates when or where the applicant is vulnerable to attack. (b) Information that concerns the applicant's medical or psychological history, or that of members of the applicant's family. 7923.805. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of the home address or telephone number of any of the following individuals, as set forth in an application for a license to carry a firearm, or in a license to carry a firearm, issued by the sheriff of a county or the chief or other head of a municipal police department, pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code: (a) A prosecutor. Public Records Act Page 110 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) A public defender. (c) A peace officer. (d) A judge. (e) A court commissioner. (f) A magistrate. CHAPTER 2. Election Materials and Petitions Article 1. Voter Information 7924.000. (a) Except as provided in Section 2194 of the Elections Code, both of the following are confidential and shall not be disclosed to any person: (1) The home address, telephone number, email address, precinct number, or other number specified by the Secretary of State for voter registration purposes. (2) Prior registration information shown on an affidavit of registration. (b) 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 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person. (c) The signature of the voter that is shown on an affidavit of registration is confidential and shall not be disclosed to any person. (d) For purposes of this section, "home address" means street address only, and does not include an individual's city or post office address. 7924.005. (a) Notwithstanding Sections 7920.510, 7920.515, 7920.520, 7920.530, 7920.540, 7920.545, 7922.545, subdivision (a) of Section 7920.525, subdivision (b) of Section 7922.540, and Sections 7922.500 to 7922.535, inclusive, information compiled by a public officer or public employee that reveals the identity of a person who has requested a bilingual ballot or ballot pamphlet, in accordance with any federal or state law, or other data that would reveal the identity of the requester, is not a public record and shall not be provided to any person other than a public officer or public employee who is responsible for receiving the request and processing it. Public Records Act Page 1 1 1 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) Subdivision (a) does not prohibit a person, otherwise authorized by law, from examining election materials, including, but not limited to, an affidavit of registration, provided that a request for a bilingual ballot or ballot pamphlet is subject to the restrictions in subdivision (a). Article 2. Initiative, Referendum, Recall, and Other Petitions and Related Materials 7924.100. As used in this article, "petition" means any petition to which a registered voter has affixed the voter's own signature. 7924.105. As used in this article, "proponent of the petition" means the following: (a) For a statewide initiative or referendum measure, the person who submits a draft of a petition proposing the measure to the Attorney General with a request that the Attorney General prepare a title and summary of the chief purpose and points of the proposed measure. (b) For other initiative and referendum measures, the person who publishes a notice of intention to circulate a petition, or, where publication is not required, who files the petition with an elections official. (c) For a recall measure, the person defined in Section 343 of the Elections Code. (d) For a petition circulated pursuant to Section 5091 of the Education Code, the person having charge of the petition who submits the petition to the county superintendent of schools. (e) For a petition circulated pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of Division 3 of Title 2 of the Education Code, the person designated as chief petitioner under Section 35701 of the Education Code. (f) For a petition circulated pursuant to Part 46 (commencing with Section 74000) of Division 7 of Title 3 of the Education Code, the person designated as chief petitioner under Section 74102, 74133, or 74152 of the Education Code. 7924.110. (a) Notwithstanding Sections 7920.510, 7920.515, 7920.520, 7920.530, 7920.540, 7920.545, 7922.545, subdivision (a) of Section 7920.525, subdivision (b) of Section 7922.540, and Sections 7922.500 to 7922.535, inclusive, the following are not public records: (1) A statewide, county, city, or district initiative, referendum, or recall petition. (2) A petition circulated pursuant to Section 5091 of the Education Code. Public Records Act Page 112 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (3) A petition for reorganization of school districts submitted pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of Division 3 of Title 2 of the Education Code. (4) A petition for reorganization of community college districts submitted pursuant to Part 46 (commencing with Section 74000) of Division 7 of Title 3 of the Education Code. (5) A memorandum prepared by a county elections official in the examination of a petition, indicating which registered voters signed that particular petition. (b) The materials described in subdivision (a) shall not be open to inspection except by the following persons: (1) A public officer or public employee who has the duty of receiving, examining, or preserving the petition, or who is responsible for preparation of the memorandum. (2) If a petition is found to be insufficient, by the proponent of the petition and a representative of the proponent as may be designated by the proponent in writing, in order to determine which signatures were disqualified and the reasons therefor. (c) Notwithstanding subdivisions (a) and (b), the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a city attorney, a school district attorney, and a community college district attorney shall be permitted to examine the materials described in subdivision (a) upon approval of the appropriate superior court. (d) If the proponent of a petition is permitted to examine a petition and a memorandum pursuant to subdivision (b), the examination shall commence not later than 21 days after certification of insufficiency, and the county elections official shall retain the documents as prescribed in Section 17200 of the Elections Code. CHAPTER 3. Environmental Protection, Building Standards, and Safety Requirements Article 1. Pesticide Safety and Efficacy Information Disclosable Under the Federal Insecticide, Fungicide, and Rodenticide Act 7924.300. If both of the following conditions are satisfied, nothing in this division exempts from public disclosure the same categories of pesticide safety and efficacy information that are disclosable under Section 10(d)(1) of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136h(d)(1)): Public Records Act Page 113 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (a) The individual requesting the information is not an officer, employee, or agent specified in subdivision (a) of Section 7924.310. (b) The individual signs the affirmation specified in subdivision (b) of Section 7924.310. 7924.305. (a) The Director of Pesticide Regulation, upon the director's initiative, or upon receipt of a request pursuant to this division 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 before 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. (b) If the director determines that the data is not a trade secret, the director shall notify the registrant or applicant by certified mail. (c) The registrant or applicant shall have 30 days after receipt of this notification to provide the director with a complete justification and statement of the grounds on which the trade secret privilege is claimed. This justification and statement shall be submitted by certified mail. (d) 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 division 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 Section 7924.300. (e) This article does not prohibit any person from maintaining a civil action for wrongful disclosure of a trade secret. (f) "Trade secret" means data that is nondisclosable under Section 10(d)(1) of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136h(d)(1)). 7924.310. (a) Unless the applicant or registrant consents to disclosure of information that the applicant or registrant submits to the state pursuant to Article 4 (commencing with Section 1281 1) of Chapter 2 of Division 7 of the Food and Agricultural Code, the Director of Pesticide Regulation shall not knowingly disclose any of that information to any of the following: Public Records Act Page 114 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (1) An officer, employee, or agent of any business or other entity engaged in the production, sale, or distribution of pesticides in a country other than the United States, or in a country in addition to the United States. (2) Any other person who intends to deliver this information to any foreign or multinational business or entity. (b) To implement this section, the director shall require a person requesting information described in subdivision (a) to sign the following affirmation: AFFIRMATION OF STATUS This affirmation is required by Article 1 (commencing with Section 7924.300) of Chapter 3 of Part 5 of Division 10 of Title 1 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) 1 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 a country other than the United States or in a country in addition to the United States, or to an officer, employee, or agent of such a business or entity. (2) 1 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 Name of Requester's Organization Signature of Requester Address of Requester Date Request No. Public Records Act Page 115 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 organization listed above. (c) Section 118 of the Penal Code applies to any affirmation made pursuant to this article. 7924.315. Notwithstanding any other provision of this article, if the Director of Pesticide Regulation determines that information submitted by an applicant or registrant is needed to determine whether a pesticide, or any ingredient of any pesticide, causes unreasonable adverse effects on health or the environment, the director may disclose that information to any person in connection with a public proceeding conducted under law or regulation. 7924.320. The Director of Pesticide Regulation shall maintain records of the names of persons to whom data is disclosed pursuant to this article and the persons or organizations they represent and shall inform the applicant or registrant of the names and the affiliation of these persons. 7924.325. The Director of Pesticide Regulation may limit an individual to one request per month pursuant to this article if the director determines that a person has made a frivolous request within the past 12-month period. 7924.330. (a) 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 article, and who, knowing that disclosure of this material is prohibited by this article, 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. (b) For purposes of this section, any contractor with the state who is furnished information pursuant to this article, or any employee of any contractor, shall be considered an employee of the state. 7924.335. This article shall be operative only so long as, and to the extent that, enforcement of Section 10(d)(1) of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136h(d)(1)) has not been enjoined by federal court order. If a final and unappealable federal court judgment or decision holds that paragraph invalid, this article shall become inoperative, to the extent of the invalidity. Public Records Act Page 116 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Article 2. Pollution 7924.500. Nothing in this division requires the disclosure of records that relate to volatile organic compound or chemical substance information received or compiled by an air pollution control officer pursuant to Section 42303.2 of the Health and Safety Code. 7924.505. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of financial data contained in an application for financing under Division 27 (commencing with Section 44500) of the Health and Safety Code, if 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 a guarantee from the United States Small Business Administration. (b) 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 division. 7924.510. (a) Any information, analysis, plan, or specification that discloses the nature, extent, quantity, or degree of an air contaminant or other pollution that 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, is a public record. (b) All air or other pollution monitoring data, including data compiled from a stationary source, are public records. (c) Except as otherwise provided in subdivision (d) and Chapter 3 (commencing with Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code, a trade secret is not a public record under this section or Section 7924.700. (d) Notwithstanding any other provision of law, all air pollution emission data, including those emission data that constitute trade secrets as defined in subdivision (f), are public records. Data used to calculate emission data are not emission data for the purposes of this subdivision and data that constitute trade secrets and that are used to calculate emission data are not public records. (e) 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 Public Records Act Page 117 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. (f) As used in this section, "trade secret" may include, but is not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information that satisfies all of the following requirements: (1) It is not patented. (2) It 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. (3) It gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. Article 3. Building Standards and Safety Requirements 7924.700. (a) A record of a notice or an order that is directed to the owner of any building and relates to violation of a housing or building code, ordinance, statute, or regulation that constitutes a violation of a standard provided in Section 1941.1 of the Civil Code is a public record. (b) A record of subsequent action with respect to a notice or order described in subdivision (a) is a public record. Article 4. Enforcement Orders 7924.900. (a) Every final enforcement order issued by an agency listed in subdivision (b) under any provision of law that 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 division. (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. Public Records Act Page 118 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (4) The Department of Pesticide Regulation. (5) The Department of Toxic Substances Control. (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 entity 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. CHAPTER 4. Financial Records and Tax Records 7925.000. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of information required from any taxpayer in connection with the collection of local taxes if that information is received in confidence and disclosure of it to other persons would result in unfair competitive disadvantage to the person supplying the information. 7925.005. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of a statement of personal worth or personal financial data required by a licensing agency and filed by an applicant with the licensing agency to establish the applicant's personal qualification for the license, certificate, or permit requested. 7925.010. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of any of the following records: (a) Financial data contained in an application for registration, or registration renewal, as a service contractor, which is 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. (b) Financial data regarding the funded accounts held in escrow for service contracts held in force in this state by a service contractor. Public Records Act Page 119 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7925.015. This division does not require the disclosure of records that the Controller and third -party auditors obtain the possession of as a result of an examination of records pursuant to Section 1571 of the Code of Civil Procedure, other than records of property that should have been reported to the Controller as unclaimed property. CHAPTER 5. Health Care Article 1. Accreditation 7926.000. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of a final accreditation report of the Joint Commission on Accreditation of Hospitals that has been transmitted to the State Department of Public Health pursuant to subdivision (b) of Section 1282 of the Health and Safety Code. Article 2. Advance Health Care Directive and Related Matters 7926.100. (a) Except as provided in subdivision (b) and in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of any information that a person provides to the Secretary of State for the purpose of registration in the Advance Health Care Directive Registry. (b) The information described in subdivision (a) shall be released at the request of a health care provider, a public guardian, or the registrant's legal representative. Article 3. Contracts and Negotiations 7926.200. The provisions listed in Section 7920.505 do not prevent any health facility from disclosing to a certified bargaining agent relevant financing information pursuant to Section 8 of the National Labor Relations Act (29 U.S.C. Sec. 158). 7926.205. (a) Nothing in this division or any other provision of law requires 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. Public Records Act Page 120 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) Transmission of the records described in subdivision (a), or the information contained therein in an alternative form, to the board of supervisors is not a waiver of exemption from disclosure. The records and information once transmitted to the board of supervisors remain subject to the exemption described in subdivision (a). (c) (1) This section does not prevent the Joint Legislative Audit Committee from accessing any records 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. (2) This section does not prevent the Department of Managed Health Care from accessing any records 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. 7926.210. (a) Except as provided in subdivision (b) or in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of any records of a local hospital district, formed pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code, or 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, that relate to a contract with an insurer or a nonprofit hospital service plan for inpatient or outpatient services for alternative rates pursuant to Section 10133 of the Insurance Code. (b) A record described in subdivision (a) shall be open to inspection within one year after the contract is fully executed. 7926.215. (a) Except as provided in Sections 7924.510, 7924.700, and the provisions listed in Section 7920.505, this division does not 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 strategy 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. (b) (1) Except for the portion that contains the rates of payment, a contract 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 it is fully executed. (2) If a contract for health services was entered into before July 1, 1993, and amended on or after July 1, 1993, the amendment, except for any portion Public Records Act Page 121 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act containing rates of payment, shall be open to inspection one year after it is fully executed. (c) Three years after a contract or amendment is open to inspection under this section, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (d) (1) 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 California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office. (2) The California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office shall maintain the confidentiality of each contract or amendment until the contract or amendment is fully open to inspection by the public. (e) It is the intent of the Legislature that the confidentiality of health care provider contracts, and of the contracting process as provided in this section, shall 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. 7926.220. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of a state agency related to activities governed by Article 2.6 (commencing with Section 14081), Article 2.8 (commencing with Section 14087.5), or 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. (b) (1) Except for the portion containing the rates of payment, a contract for inpatient services entered into pursuant to one of these articles, on or after April 1, 1984, shall be open to inspection one year after it is fully executed. (2) If a contract for inpatient services was entered into before April 1, 1984, and 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. (3) If the California Medical Assistance Commission enters into a contract with a health care provider for other than inpatient hospital services, the contract shall be open to inspection one year after it is fully executed. Public Records Act Page 122 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (c) Three years after a contract or amendment is open to inspection under this section, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (d) (1) Notwithstanding any other law, the entire contract or amendment shall be open to inspection by the California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office. (2) The California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office shall maintain the confidentiality of each contract or amendment until the contract or amendment is fully open to inspection by the public. 7926.225. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the Managed Risk Medical Insurance Board and the State Department of Health Care Services that relate to activities governed by former Part 6.3 (commencing with Section 12695), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former 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: (1) 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 or department is considering or enters into any other arrangement under which the board or the department provides, receives, or arranges services or reimbursement. (2) 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. (b) (1) Except for the portion that contains the rates of payment, a contract entered into pursuant to former Part 6.3 (commencing with Section 12695), former Part 6.5 (commencing with Section 12700), former Part 6.6 (commencing with Section 12739.5), or former 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, on or after July 1, 1991, shall be open to inspection one year after its effective date. (2) If a contract was entered into before July 1, 1991, and amended on or after July 1, 1991, the amendment, except for any portion containing the rates of Public Records Act Page 123 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act payment, shall be open to inspection one year after the effective date of the amendment. (c) Three years after a contract or amendment is open to inspection pursuant to this section, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (d) (1) Notwithstanding any other law, the entire contract or amendment to a contract shall be open to inspection by the California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office. (2) The California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office shall maintain the confidentiality of each contract or amendment until the contract or amendment is open to inspection pursuant to subdivision (c). 7926.230. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the Managed Risk Medical Insurance Board and the State Department of Health Care Services related to activities governed by Part 6.2 (commencing with Section 12693) or former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code, if the records reveal any of the following: (1) 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 department is considering a contract, or entities with which the board or department is considering or enters into any other arrangement under which the board or department provides, receives, or arranges services or reimbursement. (2) 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 employees. (b) (1) Except for the portion that contains the rates of payment, a contract entered into pursuant to Part 6.2 (commencing with Section 12693) or former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, on or after January 1, 1998, or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code shall be open to inspection one year after its effective date. (2) If a contract entered into pursuant to Part 6.2 (commencing with Section 12693) or former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Public Records Act Page 124 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Insurance Code or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code, is amended, the amendment shall be open to inspection one year after the effective date of the amendment. (c) Three years after a contract or amendment is open to inspection pursuant to this section, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (d) (1) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office. (2) The California State Auditor's Office, the Joint Legislative Audit Committee, and the Legislative Analyst's Office shall maintain the confidentiality of each contract or amendment until the contract or amendment is open to inspection pursuant to subdivision (b) or (c). (e) The exemption from disclosure provided pursuant to this section 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, or the department 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 former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of the Welfare and Institutions Code. 7926.235. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the Managed Risk Medical Insurance Board that relate 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. (b) Except for the portion that contains the rates of payment, a contract 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 it has been fully executed. Public Records Act Page 125 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (c) (1) Notwithstanding any other law, the entire contract or amendment to a contract shall be open to inspection by the Joint Legislative Audit Committee. (2) The committee shall maintain the confidentiality of each contract or amendment until the contract or amendment is open to inspection pursuant to subdivision (b). Article 4. In -Home Supportive Services and Personal Care Services 7926.300. (a) Notwithstanding any other provision of this division, 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, 14132.952, 14132.956, or 14132.97 of the Welfare and Institutions Code, and information about persons who have completed the form described in subdivision (a) of Section 12305.81 of the Welfare and Institutions Code for the provider enrollment process, is not subject to public disclosure pursuant to this division, except as provided in subdivision (b). (b) Copies of names, addresses, home telephone numbers, personal cellular telephone numbers, written or spoken languages, if known, and personal email addresses 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 12302.5, of the Welfare and Institutions Code or Chapter 10 (commencing with Section 3500) of Division 4. 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), the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code, the In -Home Supportive Services Plus Option Program pursuant to Section 14132.952 of the Welfare and Institutions Code, the Community First Choice Option Program pursuant to Section 14132.956 of the Welfare and Institutions Code, or the Waiver Personal Care Services Program pursuant to Section 14132.97 of the Welfare and Institutions Code. (d) This section does not 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. Public Records Act Page 126 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Article 5. Reproductive Health Services Facility 7926.400. For purposes of this article, the following terms have the following meanings: (a) "Contractor" means an individual or entity that contracts with a reproductive health services facility for services related to patient care. (b) "Personal information" means any of the following information related to an individual that is maintained by a public agency: (1) Social security number. (2) Physical description. (3) Home address. (4) Home telephone number. (5) Statements of personal worth or personal financial data filed pursuant to Section 7925.005. (6) Personal medical history. (7) Employment history. (8) Electronic mail address. (9) Information that reveals any electronic network location or identity. (c) "Public agency" means all of the following: (1) The Department of Consumer Affairs. (2) The Department of Managed Health Care. (3) The State Department of Health Care Services. (4) The State Department of Public Health. (d) "Reproductive health services facility" means the office of a licensed physician and surgeon whose specialty is family medicine, 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. 7926.405. This division does not require disclosure of any personal information received, collected, or compiled by a public agency regarding the employees, Public Records Act Page 127 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act volunteers, board members, owners, partners, officers, or contractors of a reproductive health services facility who have notified the public agency pursuant to Section 7926.415 if the personal information is contained in a document that relates to the facility. 7926.410. (a) Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to obtain access to employment history information of a reproductive health services facility pursuant to Part 4 (commencing with Section 7923.000). (b) If the court finds, based on the facts of a particular case, that the public interest served by disclosure of employment history information of a reproductive health services facility 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 that officer or person should not disclose pursuant to Chapter 2 (commencing with Section 7923.100) of Part 4. 7926.415. (a) In order for this article 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 the individual's personal information is being submitted or has been submitted that the individual falls within the application of this article. (b) Notification pursuant to subdivision (a) is valid if it complies with all of the following: (1) It is on the official letterhead of the facility. (2) It 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) It is signed and dated by both of the following: (A) The individual whose information is being submitted. (B) The executive officer of the reproductive health services facility or designee of the executive officer. (c) A reproductive health services facility shall retain a copy of all notifications submitted pursuant to this article. 7926.420. The privacy protections for personal information authorized pursuant to this article are effective from the time of notification pursuant to Section 7926.415 until either one of the following occurs: Public Records Act Page 128 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (a) 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. (b) 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. 7926.425. 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 Section 7926.415, the facility shall provide notice of the separation to the relevant agency or agencies. 7926.430. This section does not prevent a government agency from disclosing data regarding the age, race, ethnicity, national origin, or gender of individuals whose personal information is protected pursuant to this article if the data does not contain individually identifiable information. Article 6. Websites and Related Matters 7926.500. In implementing this division, each health care district shall maintain an internet website in accordance with subdivision (b) of Section 32139 of the Health and Safety Code. CHAPTER 6. Historically or Culturally Significant Matters 7927.000. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of any of the following: (a) Records of Native American graves, cemeteries, and sacred places. (b) Records of Native American places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, which are maintained by, or in the possession of, the Native American Heritage Commission, another state agency, or a local agency. 7927.005. Nothing in this division 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. Public Records Act Page 129 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CHAPTER 7. Library Records and Similar Matters 7927.100. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of 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. (b) The exemption in this section does not apply to records of fines imposed on the borrowers. 7927.105. (a) As used in this section, the term "patron use records" includes both of the following: (1) Any written or electronic record that is used to identify a library patron and is provided by the patron to become eligible to borrow or use books and other materials. This includes, but is not limited to, a patron's name, address, telephone number, or email address. (2) Any written record or electronic transaction that identifies a patron's borrowing information or use of library information resources. This includes, but is not limited to, database search records, borrowing records, class records, and any other personally identifiable uses of library resources, information requests, or inquiries. (b) This section does not apply to either of the following: (1) Statistical reports of patron use. (2) Records of fines collected by a library. (c) All patron use records of a library that is in whole or in part supported by public funds shall remain confidential. A public agency, or a private actor that maintains or stores patron use records on behalf of a public agency, shall not disclose those records to any person, local agency, or state agency, except as follows: (1) By a person acting within the scope of the person's duties within the administration of the library. (2) By a person authorized in writing to inspect the records. The authorization shall be from the individual to whom the records pertain. (3) By order of the appropriate superior court. Public Records Act Page 130 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CHAPTER 8. Litigation Records and Similar Matters 7927.200. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of any of the following records: (a) Records pertaining to pending litigation to which the public agency is a party, until the pending litigation has been finally adjudicated or otherwise settled. (b) Records pertaining to a claim made pursuant to Division 3.6 (commencing with Section 810), until the pending claim has been finally adjudicated or otherwise settled. 7927.205. Nothing in this division or any other provision of law requires 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 (e) of Section 1 1 126 or Section 54956.9 until the pending litigation has been finally adjudicated or otherwise settled. The memorandum is protected by the attorney work -product privilege until the pending litigation has been finally adjudicated or otherwise settled. CHAPTER 9. Miscellaneous Public Records 7927.300. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of 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. 7927.305. (a) Notwithstanding any other provision of this division to the contrary, information regarding family childcare providers, as defined in subdivision (b) of Section 8431 of the Education Code, shall not be subject to public disclosure pursuant to this division, except as provided in subdivisions (b) and (c). (b) Consistent with Section 8432 of the Education Code, copies of names, home and mailing addresses, county, home, if known, work, and cellular telephone numbers, and email addresses of persons described in subdivision (a) shall be made available, upon request, to provider organizations that have been determined to be a provider organization pursuant to subdivision (a) of Section 8432 of the Education Code. Information shall be made available consistent with the deadlines set in Section 8432 of the Education Code. This information shall not be used by the receiving entity for any purpose other than for purposes of organizing, representing, and assisting family childcare providers. (c) Consistent with Section 8432 of the Education Code, copies of names, home and mailing addresses, county, home, if known, work, and cellular telephone numbers, and email addresses of persons described in subdivision (a) shall be made available to a certified provider organization, as defined in subdivision (a) Public Records Act Page 131 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act of Section 8431 of the Education Code. Information shall be made available consistent with the deadlines set in Section 8432 of the Education Code. This information shall not be used by the receiving entity for any purpose other than for purposes of organizing, representing, and assisting family childcare providers. (d) This section does not prohibit or limit the disclosure of information otherwise required to be disclosed by the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70) of, Chapter 3.5 (commencing with Section 1596.90) of, and Chapter 3.6 (commencing with Section 1597.30) of, Division 2 of the Health and Safety Code), or to an officer or employee of another state public agency for performance of their official duties under state law. (e) All confidentiality requirements applicable to recipients of information pursuant to Section 1596.86 of the Health and Safety Code shall apply to protect the personal information of providers of small family daycare homes, as defined in Section 1596.78 of the Health and Safety Code, that is disclosed pursuant to subdivisions (b) and (c). (f) A family childcare provider, as defined by subdivision (b) of Section 8431 of the Education Code, may opt out of disclosure of their home and mailing address, home, work, and cellular telephone numbers, and email address from the lists described in subdivisions (c) and (d) of Section 8432 of the Education Code by complying with the procedure set forth in subdivision (k) of Section 8432 of the Education Code. CHAPTER 10. Personal Information and Customer Records 7927.400. Nothing in this division requires the disclosure of records that relate to electronically collected personal information, as defined by Section 1 1015.5, that is received, collected, or compiled by a state agency. 7927.405. Nothing in this division 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. 7927.410. Nothing in this division requires the disclosure of the name, credit history, utility usage data, home address, or telephone number of a utility customer of a local agency, except that disclosure of the name, utility usage data, and the home address of a utility customer of a local agency shall be made available upon request as follows: (a) To an agent or authorized family member of the person to whom the information pertains. Public Records Act Page 132 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (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 the official's consent. (f) Upon determination by the local agency that the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure. 7927.415. Except as provided in Sections 7924.510 and 7924.700, nothing in this division 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. 7927.420. Notwithstanding paragraph (2) of subdivision (a) of Section 827 of the Welfare and Institutions Code, after the death of 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 division. 7927.425. This division does not require the disclosure of the following records and information provided to the Controller's office: (a) Records related to statements of personal worth or personal financial data, including, but not limited to, wills, trusts, account statements, earnings statements, or other similar records. (b) Personal information, as defined by subdivision (a) of Section 1798.3 of the Civil Code, within records, including, but not limited to: (1) Social security number. (2) Date of birth. (3) Federal employer identification number, until the Controller has made payment of the property in full to the owner. Public Records Act Page 133 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (4) Account number, until the Controller has made payment of the property in full to the owner. (5) Check number, until the Controller has made payment of the property in full to the owner. 7927.430. A Judicial Council form provided to request service pursuant to Section 26666.10, and the information contained therein, is confidential and shall not be disclosed pursuant to this division. CHAPTER 11. Preliminary Drafts and Similar Materials 7927.500. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of any preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by a public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure. CHAPTER 12. Private Industry 7927.600. 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 United States 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. 7927.605. (a) Nothing in this division requires 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. (b) Except as provided in subdivision (c), incentives offered by a state or a local government agency, 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. (c) Before publicly disclosing a record that describes state or local incentives offered by an agency to a private business to retain, locate, relocate, or expand Public Records Act Page 134 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act the business within California, the agency shall delete information that is exempt pursuant to this section. CHAPTER 13. Private Records, Privileged Materials, and Other Records Protected by Law From Disclosure 7927.700. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. 7927.705. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of 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. CHAPTER 14. Public Employee or Official Article 1. The Governor 7928.000. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of 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. (b) Public records shall not be transferred to the custody of the Governor's Legal Affairs Secretary to evade the disclosure provisions of this division. 7928.005. (a) When the Governor leaves office, either voluntarily or involuntarily, public records in the custody or control of the Governor shall be transferred to the State Archives as soon as practical. (b) Notwithstanding any other 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 the Governor may transfer that have not already been made accessible to the public. (c) With respect to public records, public access, as otherwise provided for by this division, shall not be restricted for a period greater than 50 years or the death of the Governor, whichever is later, 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 that have been closed for a period of at least 25 years. Subject to any restrictions permitted by this section or Section 7928.010, the Secretary of State, as custodian of the State Archives, shall make all those public records and other writings available to the public as otherwise provided for in this division. Public Records Act Page 135 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7928.010. (a)(]) For a Governor who held office between 1974 and 1988, Section 7928.005 does not apply to public records or other writings that were in the Governor's direct custody or control at the time of leaving office, except to the extent that the Governor may voluntarily transfer those records or other writings to the State Archives. (2) Subdivision (a) does not apply to enrolled bill files, press releases, speech files, or writings relating to applications for clemency or extradition. (b) (1) Notwithstanding any other 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. With respect to public records, however, public access, as otherwise provided for by this division, shall not be restricted for a period greater than 50 years or the death of the Governor, whichever is later. (2) Records or writings shall not be transferred pursuant to this subdivision unless the institution receiving them agrees to maintain, and does maintain, the materials according to commonly accepted archival standards. (3) An institution receiving public records pursuant to this subdivision shall not destroy any of those records without first receiving the written approval of the Secretary of State, as custodian of the State Archives. The Secretary of State may require that the records be placed in the State Archives rather than being destroyed. (4) An institution receiving records or writings pursuant to this subdivision 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 that 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. 7928.015. (a) The Secretary of State may appraise and manage new or existing records that are subject to Section 7928.005 or 7928.010 to determine whether the records are appropriate for preservation in the State Archives. (b) 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 Page 136 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Article 2. The Legislature 7928.100. (a) Except as provided in subdivision (b) and in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of any records that are in the custody of, or maintained by, the Legislative Counsel. (b) Subdivision (a) does not apply to records in the public database maintained by the Legislative Counsel that are described in Section 10248. Article 3. Online Posting or Sale of Personal Information of Elected or Appointed Official 7928.200. (a) Nothing in this article is intended to preclude punishment instead under Section 69, 76, or 422 of the Penal Code, or any other law. (b) 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 article 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. 7928.205. 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. 7928.210. (a) 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. (b) A violation of this section is a misdemeanor. (c) A violation of this section that leads to the bodily injury of the official, or the official's residing spouse or child, is a misdemeanor or a felony. 7928.215. (a) For purposes of this section, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public. (b) 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 Section 7928.220, made a written demand of that person, business, or association to not disclose the official's home address or telephone number. Public Records Act Page 137 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (c) A written demand made under this section 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. (d) A written demand made under this section by an elected official shall be effective for four years, regardless of whether the official's term has expired before the end of the four-year period. (e) (1) A person, business, or association that receives the written demand of an elected or appointed official pursuant to this section 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. (2) 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. (3) Paragraph (2) does not prohibit a telephone corporation, as defined in Section 234 of the Public Utilities Code, or its affiliate, from transferring the 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. 7928.220. (a) 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 article. (b) An appointed official who is a district attorney, a deputy district attorney, or a peace officer, as defined in Sections 830 to 830.65, inclusive, of the Penal Code, may also designate the official's recognized collective bargaining representative to make a written demand on the official's behalf pursuant to this article. (c) A written demand made by an agent pursuant to Section 7928.215 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. Public Records Act Page 138 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7928.225. (a) An official whose home address or telephone number is made public as a result of a violation of Section 7928.215 may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. (b) 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 attorneys' fees. (c) 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 section. 7928.230. (a) 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. (b) Notwithstanding any other law, an official whose home address or telephone number is solicited, sold, or traded in violation of subdivision (a) may bring an action in any court of competent jurisdiction. (c) 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). Article 4. Personal Information of Agency Employee 7928.300. (a) The home addresses, home telephone numbers, personal cellular telephone numbers, and birthdates 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 employees performing law enforcement -related functions, and the birthdate 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 Public Records Act Page 139 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act dependents, for the purpose of providing the health services or administering claims for employees and their enrolled dependents. (b) (1) Unless used by the employee to conduct public business, or necessary to identify a person in an otherwise disclosable communication, the personal email addresses 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 specified in paragraphs (1) to (4), inclusive, of subdivision (a). (2) This subdivision shall not be construed to limit the public's right to access the content of an employee's personal email that is used to conduct public business, as decided by the Supreme Court in City of San Jose v. Superior Court (2017) 2 Cal.5th 608. (c) Upon written request of any employee, a public agency shall not disclose the employee's home address, home telephone number, personal cellular telephone number, personal email address, or birthdate 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. Article 5. Employment Contracts of Government Employees and Related Matters 7928.400. Every employment contract between a state or local agency and any public official or public employee is a public record that is not subject to Section 7922.000 and the provisions listed in Section 7920.505. 7928.405. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of 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, and Article 19.5 (commencing with Section 8430) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, 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. (b) This section 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 section. Public Records Act Page 140 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7928.410. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require the disclosure of records of local agencies related to activities governed by Chapter 10 (commencing with Section 3500) of Division 4, that 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. (b) This section 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 section. CHAPTER 15. Public Entity Spending, Finances, and Oversight Article 1. Access in General 7928.700. Notwithstanding any contract term to the contrary, a contract entered into by a state or local agency subject to this division, 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 division. 7928.705. (a) Except as provided in subdivision (b) and in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of the contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by a 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. (b) This section does not affect the law of eminent domain. 7928.710. (a) For purposes of this section, the following definitions 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, any public endowment or foundation, or a public bank, as defined in Section 57600. Public Records Act Page 141 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (b) Notwithstanding any provision of this division or other law, the following records regarding alternative investments in which public investment funds invest are not subject to disclosure pursuant to this division, 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. (c) Notwithstanding subdivision (b), the following information contained in records described in subdivision (b) regarding alternative investments in which public investment funds invest is subject to disclosure pursuant to this division and shall not be considered a trade secret exempt from disclosure: (1) 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. (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 year-end basis, of cash distributions received by the public investment fund from each alternative investment vehicle. (5) The dollar amount, on a fiscal year-end 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. Public Records Act Page 142 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (8) The dollar amount of the total management fees and costs paid on an annual fiscal year-end 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. 7928.715. Nothing in this division requires 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. 7928.720. Notwithstanding Sections 7920.510, 7920.515, 7920.520, 7920.530, 7920.540, and 7920.545, and subdivision (a) of Section 7920.525, an itemized statement of the total expenditures and disbursements of any agency provided for in Article VI of the California Constitution shall be open for inspection. Article 2. Requirements Specific to Online Access 7928.800. In implementing this division, each independent special district shall maintain an internet website in accordance with Section 53087.8. CHAPTER 16. Regulation of Financial Institutions and Securities 7929.000. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records contained in, or related to, any of the following: (a) 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. (b) Examination, operating, or condition reports prepared by, on behalf of, or for the use of, any state agency referred to in subdivision (a). (c) 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 subdivision (a). (d) Information received in confidence by any state agency referred to in subdivision (a). Public Records Act Page 143 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7929.005. (a) Any information reported to the North American Securities Administrators Association/Financial Industry Regulatory Authority and compiled as disciplinary records that are made available to the Department of Business Oversight through a computer system constitutes a public record. (b) Notwithstanding any other provision of law, upon written or oral request pursuant to Section 25247 of the Corporations Code, the Department of Business Oversight may disclose any of the following: (1) The information described in subdivision (a). (2) The current license status of a broker -dealer. (3) The year of issuance of the license of a broker -dealer. 7929.010. (a) For purposes of this section, the following definitions apply: (1) "Customer" means a person or entity that has transacted or is transacting business with or has used or is using the services of a public bank or a person or entity for whom the public bank has acted as a fiduciary with respect to trust property. (2) "Investment recipient" means an entity in which the public bank invests. (3) "Loan recipient" means an entity or individual that has received a loan from the public bank. (4) "Personal data" means social security numbers, tax identification numbers, physical descriptions, home addresses, home telephone numbers, statements of personal worth or any other personal financial data, employment histories, electronic mail addresses, and information that reveals any electronic network location or identity. (5) "Public bank" has the same meaning as defined in Section 57600. (b) Notwithstanding any other provision of this division, the following information and records of a public bank and the related decisions of the directors, officers, and managers of a public bank are not subject to disclosure pursuant to this division, unless the information has already been publicly released by the custodian of the information: (1) Due diligence materials that are proprietary to the public bank. (2) A memorandum or letter produced and distributed internally by the public bank. Public Records Act Page 144 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (3) A commercial or personal financial statement or other financial data received from an actual or potential customer, loan recipient, or investment recipient. (4) Meeting materials of a closed -session meeting, or a closed -session portion of a meeting, of the board of directors, a committee of the board of directors, or executives of a public bank. (5) A record containing information regarding a portfolio position in which the public bank invests. (6) A record containing information regarding a specific loan amount or loan term, or information received from a loan recipient or customer pertaining to a loan or an application for a loan. (7) A capital call or distribution notice, or a notice to a loan recipient or customer regarding a loan or account with the public bank. (8) An investment agreement, loan agreement, deposit agreement, or a related document. (9) Specific account information or other personal data received by the public bank from an actual or potential customer, investment recipient, or loan recipient. (10) A memorandum or letter produced and distributed for purposes of meetings with a federal or state banking regulator. (1 1) A memorandum or letter received from a federal or state banking regulator. (12) Meeting materials of the internal audit committee, the compliance committee, or the governance committee of the board of directors of a public bank. (c) Notwithstanding subdivision (b), the following information contained in records described in subdivision (b) is subject to disclosure pursuant to this division and is not a trade secret exempt from disclosure: (1) The name, title, and appointment year of each director and executive of the public bank. (2) The name and address of each current investment recipient in which the public bank currently invests. (3) General internal performance metrics of the public bank and financial statements of the bank, as specified or required by the public bank's charter or as required by federal law. Public Records Act Page 145 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (4) Final audit reports of the public bank's independent auditors, although disclosure to an independent auditor of any information described in subdivision (b) shall not be construed to permit public disclosure of that information provided to the auditor. 7929.011. (a) Notwithstanding any other provision of this chapter, the following information and records of a bank, as defined in Section 63010, shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information: (1) A commercial or personal financial statement or other financial or project data received from an actual or potential applicant to the bank, loan recipient, or investment recipient. (2) A record containing information regarding a specific financial assistance, bond or loan amount or term, or information received from an applicant or customer pertaining to a contract for financial assistance, bond or loan or an application related thereto, including an investment agreement, loan agreement, or a related document. (3) Due diligence materials, or information related to customers, and competitors, including summaries, reports, analyses, recommendations, projections, or estimates related thereto. (4) Any record containing information claimed to be a trade secret, confidential or proprietary, or to be otherwise exempt from disclosure under this chapter, or under other applicable provisions of law as identified in writing by the information provider. (b) This section shall apply to the bank solely in relation to the administration of the Climate Catalyst Revolving Loan Fund Act of 2020 (Article 6.7 (commencing with Section 63048.91) of Chapter 2 of Division 1 of Title 6.7), the Venture Capital Program pursuant to Section 63089.99, and the financing of economic development facilities and public development facilities, but only when a participating party is seeking financial assistance with the support of a sponsor, as those terms are defined in Section 63010. (c) This section shall does not exempt disclosure of bank -produced documents or materials, including staff reports and terms sheets, that are presented to the bank's board of directors for consideration and approval, even if such documents or materials are produced from original information and documents that are otherwise exempted under this section. Any further information or document requested by the bank's board of directors in connection with these bank - produced documents or materials this is provided during, or prior to, the bank Public Records Act Page 146 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act board meeting, are also not exempt from disclosure and shall be publicly available in the form provided to the board. (d) This section shall only apply to documents and information provided to the bank on and after August 1, 2022, and prior to July 1, 2025, and shall continue to apply to those documents and information going forward. CHAPTER 17. Security Measures and Related Matters 7929.200. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of a document prepared by or for a state or local agency that satisfies both of the following conditions: (a) It assesses the agency's vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operation. (b) It is for distribution or consideration in a closed session. 7929.205. (a) As used in this section, "voluntarily submitted" means submitted without the Office of Emergency Services exercising any legal authority to compel access to, or submission of, critical infrastructure information. (b) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of 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. (c) This section does not affect the status of information in the possession of any other state or local governmental agency. 7929.210. (a) Nothing in this division requires 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. (b) Nothing in this section limits public disclosure of records stored within an information technology system of a public agency that are not otherwise exempt from disclosure pursuant to this division or any other law. 7929.215. Nothing in this division or any other law requires 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. Public Records Act Page 147 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act CHAPTER 18. State Compensation Insurance Fund 7929.400. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the State Compensation Insurance Fund that relate to claims pursuant to Chapter 1 (commencing with Section 3200) of Part 1 of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed. 7929.405. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the State Compensation Insurance Fund that relate to discussions, communications, or any other portion of negotiations with entities contracting or seeking to contract with the fund, and any related deliberations. 7929.410. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the State Compensation Insurance Fund that relate 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 1 1770) of Part 3 of Division 2 of the Insurance Code. 7929.415. Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the State Compensation Insurance Fund obtained to provide workers' compensation insurance under Chapter 4 (commencing with Section 1 1770) of Part 3 of Division 2 of the Insurance Code, including, but not limited to, all of the following: (a) Any medical claims information. (b) Policyholder information, provided that this section shall not 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. (c) Information on rates, pricing, and claims handling received from brokers. 7929.420. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of records of the State Compensation Insurance Fund that are trade secrets pursuant to Section 7930.205, 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 Public Records Act Page 148 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act informational security, marketing, rating, pricing, underwriting, claims handling, audits, and collections. (b) Notwithstanding subdivision (a), the portions of records containing trade secrets shall be available for review by the Joint Legislative Audit Committee, California State Auditor's Office, Division of Workers' Compensation, and the Department of Insurance to ensure compliance with applicable law. 7929.425. (a) Except as provided in Sections 7924.510, 7924.700, and 7929.610, this division does not require disclosure of internal audits of the State Compensation Insurance Fund containing proprietary information, or the following records of the State Compensation Insurance Fund that are related to an internal audit: (1) Personal papers and correspondence of any person providing assistance to the fund when that person has requested in writing that the person's 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. (2) Papers, correspondence, memoranda, or any substantive information pertaining to any audit not completed or an internal audit that contains proprietary information. (b) Notwithstanding subdivision (a), the portions of records containing proprietary information, or any information specified in subdivision (a), shall be available for review by the Joint Legislative Audit Committee, California State Auditor's Office, Division of Workers' Compensation, and the Department of Insurance to ensure compliance with applicable law. 7929.430. (a) For purposes of this section, "fully executed" means the point in time when all of the necessary parties to a contract have signed the contract. (b) Except as provided in subdivision (d), records of the State Compensation Insurance Fund that are 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. (c) 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. Public Records Act Page 149 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act (d) Three years after a contract or amendment is open to inspection pursuant to this section, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (e) Notwithstanding any other law, the entire contract or amendment to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contract or amendment thereto until the contract or amendment is open to inspection pursuant to this section. (f) This section does not apply to a document related to a contract with a public entity that is not otherwise expressly confidential as to that public entity. CHAPTER 19. Test Materials, Test Results, and Related Matters 7929.600. Nothing in this division requires the disclosure of the results of a test undertaken pursuant to Section 12804.8 of the Vehicle Code. 7929.605. Except as provided in Sections 7924.510, 7924.700, and 7929.610, and in Chapter 3 (commencing with Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code, this division does not require disclosure of test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination. 7929.610. (a) Notwithstanding the provisions listed in Section 7920.505, upon the request of any Member of the Legislature or upon request of the Governor or the Governor's 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. (b) The questions or materials described in subdivision (a) may not include an individual examination that has been administered to a pupil and scored. (c) The requester may not take physical possession of the questions or materials described in subdivision (a), but may view the questions or materials at a location selected by the department. (d) Upon viewing this information, the requester shall keep the materials that the requester has seen confidential. PART 6. OTHER EXEMPTIONS FROM DISCLOSURE CHAPTER 1. Introductory Provisions Public Records Act Page 150 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.000. (a) 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 Section 7927.705 shall be listed and described in Chapter 2 (commencing with Section 7930.100) 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. (b) The statutes and constitutional provisions listed in Chapter 2 (commencing with Section 7930.100) 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 Chapter 2 (commencing with Section 7930.100) 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. 7930.005. Records or information not required to be disclosed pursuant to Section 7927.705 may include, but shall not be limited to, records or information identified in statutes listed in Chapter 2 (commencing with Section 7930.100). CHAPTER 2. Alphabetical List 7930.100. The following constitutional provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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. Privacy, inalienable right, Section 1 of Article I of the California Constitution. 7930.105. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Acquired immunodeficiency syndrome, blood test results, written authorization not necessary for disclosure, Section 121010, Health and Safety Code. Acquired immunodeficiency syndrome, blood test subject, compelling identity of, Section 120975, Health and Safety Code. Acquired immunodeficiency syndrome, confidentiality of personal data of patients in State Department of Public Health programs, Section 120820, Health and Safety Code. Public Records Act Page 151 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Acquired immunodeficiency syndrome, confidentiality of research records, Sections 121090, 121095, 121 1 15, and 121120, Health and Safety Code. Acquired immunodeficiency syndrome, confidentiality of vaccine volunteers, Section 121280, Health and Safety Code. Acquired immunodeficiency syndrome, confidentiality of information obtained in prevention programs at correctional facilities and law enforcement agencies, Sections 7552 and 7554, Penal Code. Acquired immunodeficiency syndrome, disclosure of results of HIV test, penalties, Section 120980, Health and Safety Code. Acquired immunodeficiency syndrome, personal information, insurers tests, confidentiality of, Section 799, Insurance Code. Acquired immunodeficiency 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 immunodeficiency syndrome, test of criminal defendant pursuant to search warrant requested by victim, confidentiality of, Section 1524.1, Penal Code. Acquired immunodeficiency syndrome, test results, disclosure to patient's spouse and others, Section 121015, Health and Safety Code. Acquired immunodeficiency 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. Acquired Immune Deficiency Syndrome Research and Confidentiality Act, personally identifying research records not to be disclosed, Section 121075, Health and Safety Code. Public Records Act Page 152 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Acquired Immune Deficiency Syndrome Research and Confidentiality Act, permittee disclosure, Section 121080, Health and Safety Code. Administrative procedure, adjudicatory hearings, interpreters, Section 11513, this code. 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, Section 7926.100, this code. 7930.110. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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, Sections 7924.510 and 7924.700, this code, 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 7927.005, this code. Arrest not resulting in conviction, disclosure or use of records, Sections 432.7 and 432.8, Labor Code. Public Records Act Page 153 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Arsonists, registered, confidentiality of certain information, Section 457.1, Penal 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 11624, 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 before 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 1 1507.6, this code. Attorney, work product, confidentiality of, Section 6202, Business and Professions Code. Attorney work product, discovery, Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4, Code of Civil Procedure. Automated forward facing parking control devices, confidentiality of video imaging records from the devices, Section 40240, Vehicle Code. Public Records Act Page 154 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. 7930.1 15. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Bank and Corporation Tax, disclosure of information, Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of Division 2, Revenue and Taxation Code. Bank employees, confidentiality of criminal history information, Section 4990, Financial Code. Bank reports, confidentiality of, Section 459, 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 102100, 102110, and 102230, Health and Safety Code. Birth defects, monitoring, confidentiality of information collected, Section 103850, Health and Safety Code. Birth, live, confidential portion of certificate, 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. Public Records Act Page 155 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Business and professions licensee exemption for social security number, Section 30, Business and Professions Code. 7930.120. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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. 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. Public Records Act Page 156 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 Council, confidentiality of fee transactions records, Section 76901.5 of the Food and Agricultural Code. California Salmon Council, confidentiality of request for list of commercial salmon vessel operators, Section 76950 of the 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. Public Records Act Page 157 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, confidentiality of information pertaining to businesses paying the assessment under the act, Section 13995.54, this code. California Victim Compensation 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 of this code, Section 7923.755, this code. 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. 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 Winegrape Growers Commission, confidentiality of proprietary information from producers and vintners, Section 74955, Food and Agricultural Code. 7930.125. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Public Records Act Page 158 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 11167 and 1 1 167.5, 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 1 1, 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. 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, Section 7929.200, this code. Public Records Act Page 159 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Closed sessions, meetings of local governments, pending litigation, Section 54956.9, this code. 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 non -reemployment, confidentiality, Section 87740, Education Code. 7930.130. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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. 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, this code. Consumption or utilization of mineral materials, disclosure of, Section 2207.1, Public Resources Code. Public Records Act Page 160 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Contractor, evaluations and contractor responses, confidentiality of, Section 10370, Public Contract Code. Controlled Substance Law violations, confidential information, Section 818.7, this code. 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, this code. 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, this code. 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. 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, this code. Public Records Act Page 161 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, Section 7927.300, this code. 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. 7930.135. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Dairy Council of California, confidentiality of ballots, Section 64323, 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. Public Records Act Page 162 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 Human Resources, confidentiality of pay data furnished to, Section 19826.5, this 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 4552.5, Welfare and Institutions Code. Developmentally disabled person, confidentiality of records and information, Sections 4514 and 4518, Welfare and Institutions Code. 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. Public Records Act Page 163 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Dispute resolution participants confidentiality, Section 471.5, Business and Professions Code. Division of Medi-Cal Fraud and Elder Abuse, confidentiality of complaints, Section 12528, this 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. 7930.140. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Educational psychologist -patient, privileged communication, Section 1010.5, Evidence Code. Electronic and appliance repair dealer, service contractor, financial data in applications, Section 7925.010, this code. Electronic Recording Delivery Act of 2004, exemption from disclosure for computer security reports, Section 27394, this code. Emergency Care Data Record, exemption from disclosure for identifying information, Section 128736, Health and Safety Code. Public Records Act Page 164 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 actions 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, this code. 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. 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. Public Records Act Page 165 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Executive Department, closed sessions and the record of topics discussed, Sections 1 1 126 and 1 1 126.1, this code. Executive Department, investigations and hearings, confidential nature of information acquired, Section 1 1 183, this code. 7930.145. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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 the State Board of Equalization and others, Section 55381, Revenue and Taxation Code. Financial institutions, issuance of securities, reports and records of state agencies, Section 7929.000, this code. 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 28475 and 28480, Penal Code. Firearms, centralized list of dealers and licensees, disclosure of information compiled from, Section 26715, Penal Code. Firearm license applications, Sections 7923.800 and 7923.805, this code. Firearm sale or transfer, confidentiality of records, Section 28060, Penal Code. Fishing and hunting licenses, confidentiality of names and addresses contained in records submitted to the Department of Fish and Wildlife to obtain recreational fishing and hunting licenses, Section 1050.6, Fish and Game Code. Public Records Act Page 166 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, this code. Franchises, applications, and reports filed with Commissioner of Business Oversight, disclosure and withholding from public inspection, Section 31504, Corporations Code. 7930.150. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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, Section 7928.000, this code. Governor, transfer of public records in control of, restrictions on public access, Sections 7928.005 and 7928.010, this code. Grand jury, confidentiality of request for special counsel, Section 936.7, Penal Code. Grand jury, confidentiality of transcription of indictment or accusation, Section 938.1, Penal Code. Group Insurance, public employees, Section 53202.25, this code. 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. Public Records Act Page 167 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.155. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Hazardous substance tax information, prohibition against disclosure, Section 43651, Revenue and Taxation Code. Hazardous waste control, business plans, public inspection, Section 25509, 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 25512, 25512.1, 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 clearinghouse, 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. 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. Public Records Act Page 168 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 7926.205 and 54956.87, this code. 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, Section 7926.210, this code. Hospital final accreditation report, Section 7926.000, this code. 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. 7930.160. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Public Records Act Page 169 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Improper governmental activities reporting, confidentiality of identity of person providing information, Section 8547.5, this code. Improper governmental activities reporting, disclosure of information, Section 8547.6, this code. 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 120160, Health and Safety Code. In forma pauperis litigant, rules governing confidentiality of financial information, Section 68633, this code. Infrastructure information, exemption from disclosure for information voluntarily submitted to the Office of Emergency Services, Section 7929.205, this code. In -Home Supportive Services Program, exemption from disclosure for information regarding persons paid by the state to provide in -home supportive services, Section 7926.300, this code. Initiative, referendum, recall, and other petitions, confidentiality of names of signers, Sections 7924.100, 7924.105, and 7924.1 10, this code. 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. Insurance Commissioner, information from examination or investigation, confidentiality of, Sections 1215.8, 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. Public Records Act Page 170 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, Sections 7923.600 to 7923.630, inclusive, this code. Investigative consumer reporting agency, limitations on furnishing an investigative consumer report, Section 1786.12, Civil Code. 7930.165. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Joint Legislative Ethics Committee, confidentiality of reports and records, Section 8953, this code. Judicial candidates, confidentiality of communications concerning, Section 1201 1.5, this code. 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. 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. Public Records Act Page 171 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Juvenile delinquents, notification of chief of police or sheriff of escape of minor from secure detention facility, Section 1155, Welfare and Institutions Code. Labor dispute, investigation and mediation records, confidentiality of, Section 3601, this 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, Section 7928.100, this code. Library circulation records and other materials, Sections 7925.000 and 7927.105, this code. Life and disability insurers, actuarial information, confidentiality of, Section 10489.15, Insurance Code. Litigation, confidentiality of settlement information, Section 68513, this code. Local agency legislative body, closed sessions, disclosure of materials, Section 54956.9, this code. Local government employees, confidentiality of records and claims relating to group insurance, Section 53202.25, this code. 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, this code. Local agency legislative body, meeting, disclosure of agenda, Section 54957.5, this code. Long-term health facilities, confidentiality of complaints against, Section 1419, Health and Safety Code. 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, this code. Public Records Act Page 172 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.170. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Managed Risk Medical Insurance Board, negotiations with entities contracting or seeking to contract with the board, Sections 7926.225 and 7926.230, this code. Mandated blood testing and confidentiality to protect public health, prohibition against compelling identification of test subjects, Section 120975, 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, 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, Health and Safety Code. Manufactured home, mobilehome, floating home, confidentiality of home address of registered owner, Section 18081, Health and Safety Code. Marital confidential communications, Sections 980, 981, 982, 983, 984, 985, 986, and 987, Evidence Code. Market reports, confidential, Section 7927.300, this code. Marketing of commodities, confidentiality of financial information, Section 58781, Food and Agricultural Code. Marketing orders, confidentiality of processors' or distributors' information, Section 59202, Food and Agricultural Code. Marriage, confidential, certificate, Section 511, Family Code. Medi-Cal Benefits Program, confidentiality of information, Section 14100.2, Welfare and Institutions Code. Medi-Cal Benefits Program, request of department for records or information, Section 14124.89, Welfare and Institutions Code. 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, Welfare and Institutions Code. Public Records Act Page 173 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Medi-Cal program, exemption from disclosure for best price contracts between the State Department of Health Care Services and drug manufacturers, Section 14105.33, Welfare and Institutions Code. Medical information, disclosure by provider unless prohibited by patient in writing, Section 56.16, Civil Code. Medical information, types of information not subject to patient prohibition of disclosure, Section 56.30, Civil Code. Medical and other hospital committees and peer review bodies, confidentiality of records, Section 1157, Evidence Code. Medical or dental licensee, action for revocation or suspension due to illness, report, confidentiality of, Section 828, 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, Business and Professions Code. Meetings of state agencies, disclosure of agenda, Section 1 1 125.1, this code. Mentally abnormal sex offender committed to state hospital, confidentiality of records, Section 4135, Welfare and Institutions Code. Mentally disordered and developmentally disabled offenders, access to criminal histories of, Section 1620, Penal Code. Mentally disordered persons, court -ordered evaluation, confidentiality of reports, Section 5202, Welfare and Institutions Code. Mentally disordered or mentally ill person, confidentiality of written consent to detainment, Section 5326.4, 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, Welfare and Institutions Code. Mentally disordered or mentally ill person, weapons restrictions, confidentiality of information about, Section 8103, Welfare and Institutions Code. Milk marketing, confidentiality of records, Section 61443, Food and Agricultural Code. Milk product certification, confidentiality of, Section 62121, Food and Agricultural Code. Public Records Act Page 174 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Milk, market milk, confidential records and reports, Section 62243, Food and Agricultural Code. Milk product registration, confidentiality of information, Section 38946, Food and Agricultural Code. Milk equalization pool plan, confidentiality of producers' voting, Section 62716, 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, Public Resources Code. Minor, criminal proceeding testimony closed to public, Section 859.1, Penal Code. Minors, material depicting sexual conduct, records of suppliers to be kept and made available to law enforcement, Section 1309.5, 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, Penal Code. Monetary instrument transaction records, confidentiality of, Section 14167, Penal Code. Missing persons' information, disclosure of, Sections 14204 and 14205, Penal Code. Morbidity and mortality studies, confidentiality of records, Section 100330, Health and Safety Code. Motor vehicle accident reports, disclosure, Sections 16005, 20012, and 20014, Vehicle Code. Motor Vehicles, Department of, public records, exceptions, Sections 1808 to 1808.7, inclusive, Vehicle Code. Motor vehicle insurance fraud reporting, confidentiality of information acquired, Section 1874.3, Insurance Code. Motor vehicle liability insurer, data reported to Department of Insurance, confidentiality of, Section 11628, Insurance Code. Multijurisdictional drug law enforcement agency, closed sessions to discuss criminal investigation, Section 54957.8, this code. 7930.175. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Public Records Act Page 175 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Narcotic and drug abuse patients, confidentiality of records, Section 11845.5, Health and Safety Code. Native American graves, cemeteries, and sacred places, records of, Section 7927.000, this code. Notary public, confidentiality of application for appointment and commission, Section 8201.5, this code. 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. 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. Public Records Act Page 176 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.180. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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, acknowledgment, 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. 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 7926.300, this code. Personal Income Tax, disclosure of information, Article 2 (commencing with Section 19542) of Chapter 7 of Part 10.2 of 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 birthdate and driver's license number, Section 8404, Probate Code. 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. Public Records Act Page 177 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. Physical or mental condition or conviction of controlled substance offense, records in Department of Motor Vehicles, confidentiality of, Section 1808.5, Vehicle 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 1 157.1, Harbors and Navigation Code. Pollution Control Financing Authority, financial data submitted to, Section 7924.505, this code. Postmortem or autopsy photos, Section 129, Code of Civil Procedure. Public Records Act Page 178 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.185. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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. 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 7927.600, this code. Private railroad car tax, confidentiality of information, Section 11655, 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. Public Records Act Page 179 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. Psychotherapist -patient confidential communication, Sections 1012 and 1014, Evidence Code. Public employees' home addresses and telephone numbers, confidentiality of, Section 7928.300, this code. 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, this code. Public Employees' Retirement System, confidentiality of data filed by member or beneficiary with board of administration, Section 20230, this code. Public investment funds, exemption from disclosure for records regarding alternative investments, Section 7928.710, this code. Public school employees organization, confidentiality of proof of majority support submitted to Public Employment Relations Board, Sections 3544, 3544.1, and 3544.5, this code. 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 Records Act Page 180 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. 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 44944.3, Education Code. Pupil records, release of directory information to private entities, Sections 49073 and 49073.5, Education Code. 7930.190. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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 7929.215, this code. Public Records Act Page 181 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, Section 7928.705, this code. Real property, change in ownership statement, confidentiality of, Section 27280, this code. Records described in Section 1620, 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, Welfare and Institutions Code. Registered public obligations, inspection of records of security interests in, Section 5060, this code. 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, this code. Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4, this code. 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, Sections 7926.400 to 7926.430, inclusive, this code. Public Records Act Page 182 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 7927.415, this code. Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 7927.405, this 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. Resource families, identifying information, Section 16519.55, Welfare and Institutions Code. Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code. 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. 7930.195. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code. 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. Public Records Act Page 183 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 non -reemployment 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. 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 7922.200, this code. Social security number, official record or official filing, nondisclosure of, Section 9526.5, Commercial Code, and Sections 7922.205 and 7922.210, this code. Social Security Number Truncation Program, Article 3.5 (commencing with Section 27300) of Chapter 6 of Part 3 of Division 2 of Title 3, this code. Social security numbers within records of local agencies, nondisclosure of, Section 7922.200, this code. Public Records Act Page 184 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 7930.200. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: State agency activities relating to unrepresented employees, Section 7928.405, this code. State agency activities relating to providers of health care, Section 7927.500, this code. State Auditor, access to barred records, Section 8545.2, this code. State Auditor, confidentiality of records, Sections 8545, 8545.1, and 8545.3, this code. State civil service employee, confidentiality of appeal to State Personnel Board, Section 18952, this code. State civil service employees, confidentiality of reports, Section 18573, this code. State civil service examination, confidentiality of application and examination materials, Section 18934, this code. State Compensation Insurance Fund, exemption from disclosure for various records maintained by the State Compensation Insurance Fund, Sections 7929.400 to 7929.430, inclusive, this code. 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. Public Records Act Page 185 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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, this code. 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 1 1 105, 1 1 105.1, 1 1 105.3, and 1 1 105.4, Penal Code. State Teachers' Retirement System, confidentiality of information filed with the system by a member, participant, or beneficiary, Section 22306, 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. 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. 7930.205. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Public Records Act Page 186 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Taxpayer information, confidentiality, local taxes, Section 7925.000, this code. 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. 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 the Department of the California Highway Patrol, Department of Motor Vehicles, or other agencies, confidentiality of, Sections 2431 and 2432.3, Vehicle Code. Toxic Substances Control, 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 Pesticide Regulation, Sections 7924.300 to 7924.335, inclusive, this code. Public Records Act Page 187 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 compacts, exemption from disclosure for records of an Indian tribe relating to securitization of annual payments, Section 63048.63, this code. Trust companies, disclosure of private trust confidential information, Section 1602, Financial Code. (Added by Stats. 2021, Ch. 614, Sec. 2. (AB 473) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 7931.000. Superseded on January 1, 2024; see amendment by Stats. 2022, Ch. 258.) 7930.205. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Taxpayer information, confidentiality, local taxes, Section 7925.000, this code. 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. Public Records Act Page 188 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. 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 the Department of the California Highway Patrol, Department of Motor Vehicles, or other agencies, confidentiality of, Sections 2431 and 2432.3, Vehicle Code. Toxic Substances Control, 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 Pesticide Regulation, Sections 7924.300 to 7924.335, inclusive, this code. 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 78480 to 78495, inclusive, and Section 78930, Health and Safety Code. Traffic violator school licensee records, confidentiality of, Section 11212, Vehicle Code. Public Records Act Page 189 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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 compacts, exemption from disclosure for records of an Indian tribe relating to securitization of annual payments, Section 63048.63, this code. Trust companies, disclosure of private trust confidential information, Section 1602, Financial Code. (Amended by Stats. 2022, Ch. 258, Sec. 19. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.) 7930.210. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: 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, confidentiality of complainant, Section 6309, Labor Code. Use fuel tax information, disclosure prohibited, Section 9255, Revenue and Taxation Code. Utility systems development, confidential information, Section 7927.300, this code. 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. Public Records Act Page 190 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act Vehicle accident reports, disclosure of, Sections 16005, 20012, and 20014, Vehicle Code and Section 27177, Streets and Highways Code. Vehicular offense, record of, confidentiality 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. 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 7924.000, this code. Voter, registration by confidential affidavit, Section 2194, Elections Code. Voting, secrecy, Section 1050, Evidence Code. 7930.215. The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division: Wards and dependent children, inspection of juvenile court documents, Section 827, Welfare and Institutions Code. 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 11739, 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 11754, Insurance Code. Public Records Act Page 191 © 2023 Richards, Watson & Gershon 2769535 Part Three: The California Public Records Act 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. 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. PART 7. Operative Date 7931.000. This division shall become operative on January 1, 2023. Public Records Act Page 192 © 2023 Richards, Watson & Gershon 2769535 Richards, Watson & Gershon delivers practical advice and solutions tailored to the unique needs of California public entities. About Working seamlessly across offices in Los Angeles, San Francisco, Orange County, Temecula, the Central Coast, and Sacramento our dedicated team of experts provides the full -scope of public law services. We are the lawyers of choice for clients who seek reliable, efficient, and effective legal counsel. Richards, Watson & Gershon serves as city attorney, special counsel and general counsel to clients of all sizes and demographics. Our attorneys are proficient in areas of law only found in a firm with substantial experience in public agency representation. Local governments count on us for help with their most complex problems. Specialties Include: Administrative Law Airports, Rail & Transit Brown Act Cannabis CEQA Coastal Act Code Enforcement Conflicts of Interest Construction & Public Works Elections Eminent Domain Environment & Natural Resources Housing Labor & Employment Land Use & Planning Litigation Police Practices Public Finance Public Records Act Real Estate & Leasing Rent Control Subdivisions & Zoning Taxes, Fees & Assessments Telecommunications Solid Waste Stormwater Compliance Water Rights & Water Law SECTION 10 CITY OF TEMECULA 41000 Main StreetAM .` Temecula, California 92590'� 1989 Main City Hall Phone: (951) 694-6444 1989 Mayor/City Council Phone: (951) 506-5100 Website: www.TemeculaCA.gov RESOURCE LIST COUNCIL MEMBERS District 1 —Vacant District 2 — Council Member Jessica Alexander (Jessica.alexander(a)-a) District 3 — Mayor Pro Tempore Brenden Kalfus(brend en.kalfus(c�temeculaca.gov) District 4 — Mayor James "Stew" Stewart(james.stewart(d�temeculaca.gov) District 5 — Council Member Zak Schwank (zak.schwa nk(c_temeculaca.gov) EXECUTIVE STAFF Unless otherwise indicated, executive staff can be reached through main mailing address and phone number above and email address template of firstname.lastnameCa�-temeculaca.gov. Aaron Adams City Manager John Crater Division Fire Chief 0ohn.crater(@fire.ca.gov) Phone: (951) 693-3960 California Department of Forestry and Fire Protection (CAL Fire) Station #12 (Mercedes) 676-2161, Station #73 (Enterprise Circle W.) 699-4517, Station #75 (Bear Creek) 698-8338, Station #83 (Sky Canyon) 696-0962, Station #84 (Pauba) 693-0683, Station #92 (Wolf Valley) 302-1497, Station #95 (Roripaugh Ranch) 676-2126, Station #96 (Glen Oaks) 302-7502 Chris Durham Chief of Police (cdurham(@riversidesheriff.org) Riverside Sheriff's Department P. O. Box 892050, Temecula 92589 30755-A Auld Road, Murrieta 92563 Office: (951) 696-3000 Non -Emergency: (800) 950-2444 Isaac Garibay Director of Human Resources / Risk Management Kevin Hawkins Assistant City Manager Jennifer Hennessy Director of Finance / City Treasurer Michael Heslin Director of Information Technology / Support Services Randi Johl Director of Legislative Affairs / City Clerk Erica Russo Director of Community Services Patrick Thomas Director of Public Works Peter Thorson City Attorney (pthorson(@rwglaw.com) Richards, Watson & Gershon 355 South Grand Avenue, 40t" Floor Los Angeles, California 90071-3101 Phone: (213) 626-8484 Luke Watson Deputy City Manager / Director of Community Development Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Approve Annual Proclamation List for the 2024 Calendar Year PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the annual proclamation list for the 2024 calendar year. BACKGROUND: On January 10, 2023, the City Council approved its Public Recognitions Policy. This policy also includes proclamations. Proclamations may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. Pursuant to the policy, the City Council shall approve annually a list of proclamations proposed to be issued for the calendar year. Unless three or more Council Members pull a proclamation from the list indicating exclusion, all proclamations on the annual list shall be issued for presentation via mail or in -person as requested. Proclamations shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor. In addition, the list of proclamations to be presented at the REDI Commission pursuant to City Council direction received at the September 26, 2023 meeting is also included. It is recommended that the City Council approve the annual proclamation list for the 2024 calendar year. FISCAL IMPACT: None ATTACHMENTS: Policy and Proclamation List CITY OF TEMECULA CITY COUNCIL POLICY Aft At C�'( '1 The Heart of Southern Califarnia Wine Country Title: Public Recognitions Policy Policy No. 9 Approved: January 10, 2023 Revised: N/A PURPOSE: The purpose of this City Council policy is to ensure an effective and efficient process for the consideration and conduct of various public recognitions by the City Council. POLICY: The policy of the City Council with respect to the subject matter listed in the above -referenced title is as follows: Public Recognitions Ad Hoc Subcommittee A subcommittee shall be appointed annually as part of the City Council subcommittee review and selection process in January. To the extent possible, the subcommittee shall include both short and long tenured members of the City Council. The subcommittee will consider all public recognitions that include a nomination component (Community Leader Award of Distinction, Council Member Award of Recognition Upon Retirement, Wall of Honor, and Memorial, Monument and/or Facility Naming). The subcommittee will consider all nominations in a calendar year together and make recommendations to the full City Council. The subcommittee will function similarly to other ad hoc subcommittees that consider items on a calendar year basis. Standard Certificates of Recognition Standard certificates of recognition may be provided at the request of City residents, community leaders, businesses, nonprofit organizations, and/or Council Members. Standard certificates shall include those designated in the chart below. Such certificates shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Council Member attending a related event, (2) Mayor, (3) Mayor Pro Tempore, or (4) Council Member designated by the Mayor. 1 Certificate of Student of the Month, Student of the Year, Girl Common Achievement Scouts, Eagle Scouts, Student Sports and / Competitions, Youth in Government Monthly 2 Certificate of Former Board and Commission Members, Meeting Common Appreciation Entertainment 3 Certificate of Acts of Bravery, Heroism (Resident Assistance in Rare Commendation Emergency Circumstances), Veterans 4 Certificate of 25th/50th/75th/100th Birthdays, Wedding Rare Congratulations Anniversaries, Retirements 5 Certificate for Grand New Businesses / New Owners / Chamber of Common Opening / Ribbon Commerce (Economic Development Requests) Cutting 6 Certificates of Miscellaneous — Noteworthy Residents, Non -Profits, Common Recognition Foundations, Chamber Gala 7 Certificate of In Memoria, Adjournments Rare Remembrance 8 Certificate of Welcome Sister City Dignitaries Rare Proclamations Proclamations may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. The City Council shall approve annually a list of proclamations proposed to be issued for the calendar year. Unless three or more Council Members pull a proclamation from the list indicating exclusion, all proclamations on the annual list shall be issued for presentation via mail or in -person as requested. Proclamations shall be presented on behalf of the City of Temecula and shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor. 1 Proclamation Day, Week or Month of Observation Consistent with Common Regional, State and/or National Recognition for Public Awareness / Education Purposes 2 Proclamation — Person Recognition of Day in Celebration of a Person Rare (Council Member, Founding Member) Pins and Medals Pins and medals may be provided at the request of residents, businesses, nonprofit organizations and/or Council Members. Pins and medals shall include those designated in the chart below. Pins and medals shall be accompanied by a related certificate and shall be presented via mail or in -person as requested. Pins and medals shall be presented on behalf of the City of Temecula and any related certificate shall be signed by a single signatory in the following order: (1) Mayor, (2) Mayor Pro Tempore, or (3) Council Member designated by the Mayor. 1 Boy Scout / Girl Scout Eagle Scout, Bronze/Silver/Gold Award, or Similar Noteworthy Accomplishment Common 2 Hero's Medal and Pin Acts of bravery and courage in the service of others Rare Community Leader Award of Distinction A Community Leader Award of Distinction may be provided to a resident and/or nonprofit or business affiliate upon recommendation of the Public Recognitions Subcommittee. Such award is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, are well known and recognized by a significant segment of the community and their respective industry (education, nonprofit, business). 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members, a swag bag from the City, and other recognitions from the community/industry as they deem appropriate. Council Member Award of Recognition Upon Retirement A Council Member Award of Recognition Upon Retirement shall be provided to retiring Council Members as indicated below. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such an award, a nominee must meet the following criteria: Criteria 1. Internal Form —The requisite recognition form, with supporting documentation, is submitted by relevant staff to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Service —The subject Council Member has completed a minimum of one full -term if elected or the whole of an unexpired term if appointed. 3. Subcommittee Consideration — The subject Council Member received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition —The subject Council Member receives recognition based on tenure with optional community recognitions at th meeting. While Board and Commission service is noted as part of the presentation, it is not counted towards years of service for purposes of recognition categories below: A. One Term (4 Years) — The subject Council Member receives an engraved plaque with years of service, a commemorative street sign, and a swag bag from the City. B. Two —Three Terms (8-12 Years) — The subject Council Member receives an engraved plaque with years of service, a framed proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City. C. Four Terms and Beyond (16+ Years) — The subject Council Member receives a shadow box with a key to the City, a proclamation recognizing member's retirement date as Member's Day, a commemorative street sign, and a swag bag from the City. Wnll of Wnnnr A Wall of Honor recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at a City Council meeting. Any related certificate shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 10 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business). 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition at a City Council meeting, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the perpetual Wall of Honor plaque located at City Hall. Memorial, Monument and/or Facility Naming A memorial, monument and/or facility naming recognition may be provided to any deserving individual (i.e., resident, service club member, former Council Member, Commissioner or staff, nonprofit or business affiliate, etc.) upon recommendation of the Public Recognitions Subcommittee. Such recognition is rare and therefore shall be presented on behalf of the City of Temecula in -person at the site of the thing and/or place to be named. Any related certificate shall be signed by all Council Members. To be eligible for such a recognition, a nominee must meet the following criteria: Criteria 1. Nomination Form — The requisite nomination form, with supporting documentation, is submitted to the City Clerk's Office pursuant to instructions by the relevant deadline. 2. Contributions —The contributions and proof of impact of the nominee, as illustrated in the nomination packet, have extended beyond a 20 year period of time, are well known, and recognized by a significant segment of the community and/or their respective industry (education, nonprofit, business). Such contributions exceed all other contributions in community value such that there is no other public recognition that can be applied.The 20 year period of time is subject to review and adjustment by the full City Council. 3. Subcommittee Consideration — The nominee received a recommendation for recognition by the full City Council from the Public Recognitions Ad Hoc Subcommittee. 4. Public Recognition — During an in -person recognition, the nominee will receive a framed award signed by all Council Members and the nominee's name will be incorporated into the subject memorial, monument and/or facility. Miscellaneous The following non-standard recognitions shall not have a political, religious, lifestyle, and/or commercial association: Community Leader Award of Distinction, Wall of Honor, Memorial, Monument, and/or Facility Naming. In addition, Resolutions of Principle, defined as statements in which an organization describes its collective beliefs, values, and intentions towards a particular topic(s), will not be issued by the Council and are not included as a part of this policy. 2024 CITY COUNCIL PROCLAMATION LIST Name of Day/Week/ Description Links to More Recipient(s) Proclamation Month of Information Recognition Human January Raise awareness and educate Federal Riverside County Trafficking all members of our society More Sheriff's Prevention Month on how they can prevent and Information Department Anti - respond to human Human trafficking. Trafficking Task Force Mentoring Month January Campaign that aims to unify Federal Big Brothers Big and expand the mentoring More Sisters Inland movement by encouraging Information Empire others to become a mentor through organizations such as Big Brothers Big Sisters. American Heart February Acknowledges the ongoing Federal American Heart Month fight against cardiovascular More Association disease. Information Vietnam War March 29 Recognize and honor those Federal Department of Commemoration who served during the Veterans Affairs Day Vietnam War. State More Information Education and April I Established by U.S. Federal Rabbi from Sharing Day Congress in honor of Rabbi More Chabad of Menachem Mendel Information Temecula Schneerson to recognize the essential role of education and sharing in our society. Autism Awareness April Promotes autism awareness, Federal Varies Month inclusion, and self- More determination for all. Information Child Abuse April Annual observance in the Federal Safe Family Prevention Month United States dedicated to State Justice Center raising awareness and preventing child abuse. More Information 2024 CITY COUNCIL PROCLAMATION LIST Name of Day/Week/ Description Links to More Recipient(s) Proclamation Month of Information Recognition DMV/Donate Life April Recognizes the DMV as the Federal OneLegacy Month largest registrant of organ Ambassador donors and encourages More Program residents to register and Information become an organ donor. Innovation Month April Encourages the growth and More Economic expansion of innovation, Information Development technology, and Department entrepreneurship in our community and in the region. Library Week April 7 — 13 Promotes local libraries and Federal Ronald H Roberts recognizes library workers. State Public Library & Friends of More Temecula Information Libraries Crime Victims' April 21 — 27 Acknowledges the abuse and Federal Riverside County Rights Week trauma that victims of More District Attorney's crimes often experience and Information Office Division of the work of dedicated Victim Services advocates who support crime victims. Arbor Day April 26 Marked by the planting of State Public Works trees and emphasizes caring Dept. for them to sustainably More protect our planet. Information Mental Health May Movement to raise Federal Riverside Month awareness about mental More University Health health through support, Information System, education, and advocacy. Department of Mental Health Bike Month May Celebrates bikes and the More Hike Bike benefits of bicycling. Information Temecula California Tourist May Spotlights the role of More Visit Temecula Month tourism as a key economic Information Valley driver for California. 2024 CITY COUNCIL PROCLAMATION LIST Name of Day/Week/ Description Links to More Recipient(s) Proclamation Month of Information Recognition Conservation May Celebration of anniversary N/A Riverside County Appreciation of RCHCA and the down Habitat Month listing of the endangered Conservation Stephens' Kangaroo Rat. Agency Older Americans May Recognizes the contributions Federal TBD Month of past and present older persons to the country. Water Safety May Raises awareness about pool State Community Month and swim safety for Services drowning prevention. More Department Information Aquatics Division Municipal Clerks May 5 - 11 Increases the public's More City Clerk's Dept. Week awareness of Municipal Information Clerks and the vital services they provide for local government and community. Nurses Week May 6 - 12 Recognizes nurses and the Federal American Nurses hard work they put in to More Association making their patients feel Information comfortable. Fentanyl May 7 Day of remembrance for More Drug Induced Awareness Day loved ones who died from Information Homicide fentanyl poisoning and raise awareness about the dangers of fentanyl. Public Gardens May 10 — 19 Call attention to local public More Temecula Valley Week gardens and recognize their Information Rose Society contribution to the community. Hospital Week May 12 — 18 Opportunity to recognize More Temecula Valley multiple healthcare workers Information Hospital and hospital staff for their dedication and commitment. National Travel May 19-25 Showcase the industry's role More Visit Temecula and Tourism in fostering vibrant Information Valley Week communities, encouraging emerging innovations and economic recovery. 2024 CITY COUNCIL PROCLAMATION LIST Name of Day/Week/ Description Links to More Recipient(s) Proclamation Month of Information Recognition Public Works May 19 — 25 Recognizes the importance More Director of Public Week of public works and the Information Works essential role that these employees play in our City's infrastructure. Juneteenth June 19 Celebrates the emancipation Federal Varies of those who had been enslaved in the United 411k State States. More Information Make Music June 21 Make Music Day, a More Make Music Temecula Day subsidiary of the National Information Temecula Association of Music and Organization Merchants (NAMM), is a free celebration of music around the world. Make Music Temecula is a day of music -making in public spaces throughout Temecula, for musicians and audiences alike. Purple Heart Day August 7 Remember and honor the Federal Department of brave men and women who Veterans Affairs were either wounded on the More battlefield or paid the Information ultimate sacrifice with their lives. Childhood Cancer September Brings awareness to Federal Varies Awareness Month pediatric cancer and pays tribute to the healthcare More professionals who work Information together with families to provide hope and help to children diagnoses with cancer. Preparedness September Opportunity to reflect and Federal Emergency Month act on shared responsibility Management to be prepared in the case of State when a disaster strikes. More Information 2024 CITY COUNCIL PROCLAMATION LIST Name of Day/Week/ Description Links to More Recipient(s) Proclamation Month of Information Recognition Prostate Cancer September Call upon all citizens to Federal Varies Awareness Month learn the early detection signs, support patients and More survivors, and educate about Information treatment options. Service Dog September Devoted to raising More Ronald H. Roberts Month awareness and showing Information Library Staff appreciation for the extraordinary work service dogs provide. Constitution Week September Commemorates the history Fe eral Daughters of the 17 — 23 and importance of the U.S. American Constitution. More Revolution , Information` California Native September 27 State holiday that honors the State California Native American Day diverse cultures and histories More American of the indigenous peoples of Information Legislative California. Celebrated on the Caucus 4th Friday in September. Children's October Raises awareness about Federal Alliance of Nurses Environmental ways to protect children State for Healthy Health Month from environmental toxins at Environments all stages and in all More communities. Information Cybersecurity October Highlights the importance of Federal Director of Awareness Month safeguarding city's Information infrastructure from More Technology & malicious cyber activity and Information Support Services protecting citizens and businesses. Domestic October Acknowledges the Federal Safe Family Violence commitment to raising More Justice Center Awareness Month awareness about domestic Information violence, which can include physical, emotional and sexual abuse as well as neglect. 2024 CITY COUNCIL PROCLAMATION LIST Name of Day/Week/ Description Links to More Recipient(s) Proclamation Month of Information Recognition Freedom from October Re-evaluates the work cfty Bully Free Workplace environment to make sure Workplace Bullying Week that employees have a safe More workplace. Information Manufacturing October Celebrates the importance of Federal Chair of the Month U.S. manufacturing Southwest innovation and ingenuity. State California More Manufacturing Information Council Fire Prevention October Emphasizes fire prevention Federal Fire Chief Week 6 - 12 strategies and fire safety education. More r Information World Dyslexia October 10 Raises awareness about the State Varies Awareness Day learning disorder Dyslexia. More Information White Cane October 15 Recognizes the safety and Federal Varies Awareness Day independence of people who are blind or visually- More impaired. Information First Responders October 28 Recognize the contribution Federal Varies Day of first responders in the community. Veterans Small November Support local veteran -owned More Varies Business Week (Date TBD) businesses. Information Veteran and November Recognizes the important Federal Varies Military Families role of military families. Month More Information Adoption Month November Raises awareness about Federal Varies adoption and celebrates More families who create a Information supportive environment for children who were adopted. 2024 CITY COUNCIL PROCLAMATION LIST Name of Day/Week/ Description Links to More Recipient(s) Proclamation Month of Information Recognition Family Court November Recognizes the importance More Family Court Awareness Month of a court system that Information Awareness Month prioritizes child safety. Committee and One Mom's Battle Pancreatic Cancer November Raises awareness about More Pancreatic Cancer Awareness Month pancreatic cancer and Information Action Network treatments. Pechanga Pu'6ska November 15 Celebrated to thank the More Pechanga Band of Mountain Day Pechanga Band of Luiseno Information Indians Tribal Indians for preserving the Council Pu'6ska mountain through a historic settlement. #ValleyGIVESday November 26 Local day of giving on the More Varies Tuesday following Information Thanksgiving known as national Giving Tuesday. Small Business November 30 Celebrate and support small More Women Impacting Saturday businesses and all they do Information Public Policy for their communities. Day of Persons December 3 International observance Federal SoCal Adaptive with Disabilities promoted by the United Sports Nations since 1992 to More promote the rights and well- Information being of persons with disabilities. Annual VARIES Memorial of those who are N/A Jacob's House Community loved and lost. Candlelight Tribute Day Because Nice VARIES Support of Temecula Valley N/A TVUSD Matters Week in Unified School District's Temecula social campaign of kindness and anti -bullying. 2024 CITY COUNCIL PROCLAMATION LIST Name of Day/Week/ Description Links to More Recipient(s) Proclamation Month of Information Recognition Circus Vargas VARIES Recognizes one of the N/A Circus Vargas Days world's biggest traveling (Mailed) circuses that traditionally returns to Temecula annually. Relay for Life Day VARIES Recognizes the fundraising More American Cancer event by the American Information Society Cancer Society "Relay for Life" Sister City Daisen EVERY 5 Celebrate the anniversary of N/A Temecula Valley Anniversary YEARS Temecula's sister City, History Museum (Next: Daisen, Japan. December 2024) Toastmasters VARIES Promotes their club and the More Toastmasters Club Month value of the Toastmasters Information Temecula program. Voices for VARIES A CASA Volunteer is a More Voices for Children CASA Court Appointed Special Information Children Volunteers Day Advocate appointed by a judge to abused or neglected children. 2024 REDI COMMISSION PROCLAMATION LIST Name of REDI Meeting Description Links to Recipient(s) Proclamation Presentation More Date Information African February 8 Is a time to honor the Federal All Requesters American contributions and legacy of History Month African Americans across State U.S. history and society. More Information Women's March 14 Highlights the contributions Federal All Requesters History Month of women to events in history and contemporary society. More Information Arab American April 11 Celebrates the Arab Federal All Requesters Heritage Month American heritage and culture and pays tribute to the State contributions of Arab More Americans and Arabic- Information speaking Americans. Asian American May 9 Recognizes the many Federal All Requesters and Native contributions, vibrant Hawaiian/ cultures, and rich heritage of State Pacific Islander Asian Americans, Native More Heritage Month Hawaiians, and Pacific Information Islanders. Jewish May 9 Recognizes the many Federal All Requesters American contributions, vibrant Heritage Month cultures, and rich heritage of More Jewish Americans. Information Pride Month June 13 Recognizes the contributions Federal All Requesters of LGBTQ individuals across America. State More Information Hispanic September 12 Recognize the achievements Federal All Requesters Heritage Month and contributions of Hispanic Americans, including the State colorful culture, rich histories, and diversity. 2024 REDI COMMISSION PROCLAMATION LIST Name of Proclamation REDI Meeting Presentation Date Description Link(s) to More Information Recipient(s) Greek Food October A Temecula traditional event, More Saint Nicholas Festival Month (Date varies "Greek Festival", with food, Information Greek Orthodox based on event drinks, music, dance, and Church date) games that exemplify the Greek culture. Native November 14 Celebrates the heritage, Federal All Requesters American culture, and experience of Heritage Month Indigenous peoples both State historically and in American More life today. Information Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Approve Annual Legislative Platform for the 2024 Calendar Year PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council approve the annual legislative platform for the 2024 calendar year. 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. Recovery and funding principles are also included. 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 at the beginning of each year and reflects positions taken by the City Council in the prior year that were not already incorporated in the Platform. There were no substantive changes to the Platform. The City's state and federal lobbyists will receive the updated Platform after adoption. FISCAL IMPACT: None ATTACHMENTS: 2024 Legislative Platform and Related Policies and Procedures CITY OF TEMECULA 2024 STATE AND FEDERAL LEGISLATIVE PLATFORM Approved: January 9, 2024 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. 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. • Resolution No. 22-60 — Support legislation permitting expansion of in -person gaming on tribal lands, including lands owned and operated by Pechanga Band of Indians. • Resolution No. 22-61 — Oppose legislation permitting online gaming in the State of California, in lieu of or notwithstanding in -person gaming options on tribal lands, including lands owned and operated by Pechanga Band of Indians. 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. 0 • 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. • 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: 7 • 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. • 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. 0 • 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. • 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. 0 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Approve Annual Citywide Records Retention Schedule and Records Destruction for the 2024 Calendar Year PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA 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: 1. Resolution 2. Exhibit A — Records Retention Schedule RESOLUTION NO.2024- 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 less 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. 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 9th day of January, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 100 GENERAL ADMINISTRATIVE FILES US Hard CopyDeclaration 100-01 Mission Statement ALL of City's purpose Until Superseded GC 34090 Hard Drives US Hard Copy Policies, procedures, manuals developed by the 100-02 City Wide Policies and Administrative Guidelines HR City to govern it's internal functions Until Superseded GC 34090 HR Drive 101 CORRESPONDENCE CONTROL FILES C + 2 Hard Copy Incoming/outgoing correspondence - letters, email, 2021 and prior unless part 101-01 Chronological and General Correspondence Files ALL memorandums, requests, notices, etc. 9 of ongoing project, within GC 34090 Office 365 CEQA statute of limitations 101-06 Calendars, Appointment Books, Scheduling, Call Logs ALL C + 2 Hard Copy Office 365 General correspondence, logs, books 2020 and prior and Visitor Logs GC 34090 Outlook 200 PLANNING, BUDGET & PROGRAMMING FILES EMERGENCY PLANNING & DISASTER REPORTING 201 FILES US + 2 Hard Copy Notices, lists, reference papers, general 201-01 Emergency Planning Files EM correspondence and supporting documents Until Superseded + 2 GC 34090 EM/RM Drive P Hard Copy Declarations of Local Emergency, Receipt of Funds 201-02 Emergency Reporting Files EM Certification, reports documenting actions and Permanent GC 34090 AD EM/RM Drive operations - incident reports, reports of resolution P Reports documenting actions and operations - 201-04 Disaster Reporting Files CC GC 34090 AD Hard Copy incident reports, reports of resolution Permanent P Hard Copy Reports documenting actions and operations 201-06 Emergency Communications Files EM Permanent GC 34090 AD EM/RM Drive incident reports, reports of resolution US + 2 Neogov 201-08 Emergency Management Training EM Attendance logs, certificates, etc. Until Superseded + 2 GC 34090 EM/RM Drive US 44 CFR 201.6 Hard Copy 201-09 Local Hazard Mitigation Plan (LHMP) EM Disaster EM/RM Drive Hazard Mitigation Planning Until Superseded Mitigation Act 2000, Sec. 322 Page 1 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION us and Co 201-10 Emergency Operations Plan (EOP) EM Emergency plan Until Superseded GC 550 E Dnve US Hard Copy 201-11 Grant Files EM 2 CFR 200 State and Emergency Management grants 10 yrs EM/RM Drive GC 8550 Page 2 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 202 ORGANIZATION PLANNING FILES 322 US HR Drive 202-01 Workforce Planning HR Organization charts, lists, reports, etc. Until Superseded GC 34090 203 CITY PLANNING FILES P Hard Copy GC 34090 AD; EnerGov Project files, applications, notices, correspondence 203-01 Tentative Map Files/Tentative Tract Maps CD, PW H & S 19850; PW Drive related to project, exhibits, environmental Permanent documents, etc. GC 4003; X Drive GC 4004 Laserfiche P Hard Copy GC 34090 AD; EnerGov Project files, applications, notices, correspondence 203-02 Tentative Parcel Map Files CD, PW H & S 19850; PW Drive related to project, exhibits, environmental Permanent documents, etc. GC 4003; X Drive GC 4004 Laserfiche P EnerGov GC 34090 AD; X Drive Project files, applications, notices, correspondence 203-03 Zone Change Files CD H & S 19850; Laserfiche related to project, exhibits, environmental Permanent documents, etc. GC 4003; GC 4004 P EnerGov GC 34090 AD; X Drive Project files, applications, notices, correspondence 203-04 Variance Files CD H & S 19850; Laserfiche related to project, exhibits, environmental Permanent documents, etc. GC 4003; GC 4004 Page 3 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION C + 2 EnerGov Project files, applications, notices, correspondence 203-07 Minor Temporary Use Permit CSD, CD related to project, exhibits, environmental 2021 and prior GC 34090 X Drive documents, etc. (Refer to Series 203-48 for Master and Major TUP's) P Hard Copy GC 34090 AD; EnerGov Project files, applications, notices, correspondence 203-08 Conditional Use Permit Files CD H & S 19850; X Drive related to project, exhibits, environmental Permanent documents, etc. GC 4003; Laserfiche GC 4004 P EnerGov GC 34090 AD; X Drive Project files, applications, notices, correspondence 203-10 Modifications (includes minor, major, review) CD H & S 19850; Laserfiche related to project, exhibits, environmental Permanent documents, etc. GC 4003; GC 4004 P EnerGov Project files, applications, notices, correspondence 203-11 General Plan/Development Code and Amendments CD, CM related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. Hard Copy P Laserfiche Project files, applications, notices, correspondence 203-12 Lot Line Adjustment CC, CD,PW related to project, exhibits, environmental Permanent GC 34090 AD EnerGov documents, etc. X Drive Environmental Initial Study, Environmental Impact P EnerGov Project files, applications, notices, correspondence 203-13 CD related to project, exhibits, environmental Permanent Report and Environmental Assessments p GC 34090 AD X Drive documents, etc. P EnerGov Project files, applications, notices, correspondence 203-15 Comprehensive Sign Program CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. Page 4 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION US + 2 EnerGov Project files, applications, notices, correspondence 203-16 Temporary Signs CD related to project, exhibits, environmental Until Superseded + 2 GC 34090 AD X Drive documents, etc. P EnerGov Project files, applications, notices, correspondence 203-17 Sign Permit CD Laserfiche related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. Hard Copy P PW Drive Project files, applications, notices, correspondence 203-19 Parcel Merger CP �D' EnerGov related to project, exhibits, environmental Permanent GC 34090 AD Laserfiche documents, etc. X Drive P EnerGov Project files, applications, notices, correspondence 203-20 Home Occupation Permit CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P Hard Copy Project files, applications, notices, correspondence 203-21 Specific Plans/Specific Plan Amendments CD, CM EnerGov related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P Hard Copy PW Drive Project files, applications, notices, correspondence 203-22 Certificate of Compliance CC, CD, EnerGov related to project, exhibits, environmental Permanent PW GC 34090 AD Laserfiche documents, etc. X Drive P EnerGov Project files, applications, notices, correspondence 203-23 Waivers of Final Map CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. Hard Copy P PW Drive Project files, applications, notices, correspondence 203-24 Development Plans CD, CM, EnerGov related to project, exhibits, environmental Permanent PW GC 34090 AD Laserfiche documents, etc. X Drive P EnerGov Covenants & Agreements, Project files, 203-25 Second Dwelling Unit Permit CC, CD X Drive applications, notices, correspondence related to Permanent GC 34090 AD Hard Copy project, exhibits, environmental documents, etc. Page 5 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P Hard Copy Project files, applications, notices, correspondence 203-28 Development Agreements CD, CM EnerGov related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P Hard Copy Project files, applications, notices, correspondence 203-31 Landscape Agreements/Bonds/Plans CD EnerGov related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P Hard Copy Project files, applications, notices, correspondence 203-32 Appeals CD EnerGov related to project, exhibits, environmental Permanent GC 34090 X Drive documents, etc. 203-34 Massage License Supplemental CD 2 Years Hard Copy License application supplemental documents, 2021 and prior GC 34090 passport, drivers licese, etc P EnerGov 203-35 Massage License/Application CD Application, license certicate in Energov, Permanent GC 34090 AD X Drive correspodence P EnerGov Project files, applications, notices, correspondence 203-36 Findings of Public Convenience or Necessity CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P EnerGov Project files, applications, notices, correspondence 203-37 Development Impact Fee Reduction CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P EnerGov Project files, applications, notices, correspondence 203-38 Extension of Time CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P EnerGov Project files, applications, notices, correspondence 203-39 Habitat Acquisition Negotiations Strategy (HANS) CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P EnerGov Project files, applications, notices, correspondence 203-40 Minor Exception CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P EnerGov Project files, applications, notices, correspondence 203-41 Model Home Complex CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P EnerGov Project files, applications, notices, correspondence 203-42 Pre -Application Review CD I related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. Page 6 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P EnerGov Project files, applications, notices, correspondence 203-43 Residential Tract Product Review CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P EnerGov Project files, applications, notices, correspondence 203-44 Vendors License CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P EnerGov Project files, applications, notices, correspondence 203-45 Wireless Antenna Facility CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P EnerGov Noticing documents, project correspondence, 203-46 Long Range Planning Projects CD invoices, receipts, exhibits, EIR documents, Permanent GC 34090 AD X Drive required forms P EnerGov Project files, applications, notices, correspondence 203-47 Certificate of Historical Appropriateness CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. Master/ Major Temporary Use Permits and Special P EnerGov Project Iles, applications, notices, correspondence 203-48 Events CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. P EnerGov Project files, applications, notices, correspondence 203-49 Special Studies CD related to project, exhibits, environmental Permanent GC 34090 AD X Drive documents, etc. Hard Copy 203-50 Zoning Letter CD GC 34090 EnerGov Zoning letters and relevant information Permanent Planning Drive INFORMATION TECHNOLOGY COMPUTER 204 APPLICATIONS, AUDIO/VIDEO & DIRECTORIES P P Drive 204-06 Public Meeting Media CC, ITSS GC 34090.7 Audio, visual recordings Permanent AD Meeting Audio Recordings (Boards & Commissions, C + 2 P Drive 204-07 ITSS Audio recordings 2021 and prior Directors Hearing, etc.) GC 34090 Security Video Recordings (Routine Video Recording, 1 Year Video 204-08 including street intersections) ITSS GC 34090.6 Management Regular and ongoing operations 2022 and prior System Page 7 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 2 Years Video 204-09 Video used in traffic studies ITSS GC 34090 Management Traffic and road condition surveys 2021 and pri System 2021 and prior unless part Public Record Emails - of ongoing project, within 204-10 Electronic Mail ITSS 3 Years Outlook Retain land use and PW project emails until the CEQA statute of limitations GC 34090 project is approved and the CEQA statute of limitations period expires without litigation. or subject to other statutory protection 204-11 Proximity Card Log/List ITSS Access Control Tracking Log Permanent GC 34090 AD 204-12 Help Desk Tickets ITSS C + 3 IT Ticket Employee service requests 2020 and prior GC 34090 System 205 BUDGET FILES C + 2 Hard CopyAnnual 205-01 Budget Working Paper Files FIN Operating Budget back up documents 2021 and prior GC 34090 Finance Drive C + 2 Hard Copy 205-02 Proposed Budget FIN Questica Annual Operating Budget (City Council 2021 and prior p GC 34090 Workshop/Report) Finance Drive Final Adopted City Budget & P Hard Copy 205-03 FIN GC 34090 AD, Laserfiche Adopted -Final Annual Operating Budget Permanent Mid -year Budget 40802 and Questica documents and Midyear Budget documents 53901 Finance Drive 4 AA Hard Copy 205-04 Budget Adjustments FIN Tyler Eden/Munis Journals, budget adjustment requests FY 18/19 and prior GC 34090 Finance Drive P Hard Copy 205-09 Capital Improvement Program Budget FIN Questica Adopted -Annual Capital Improvement Program Permanent GC 34090 AD Budget Finance Drive C + 2 Finance Drive State of California yearly budget information with 205-13 State Budget Information FIN 2021 and prior GC 34090 population Page 8 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 206 REPORTING FILES P Hard Copy Comprehensive Annual Financial Reports 206-02 (CAFR/Annual Financial Statements) FIN GC 34090 AD Tyler EdenDrive Final CAFR Permanent Finance Drive 206-04 State Controller's Report FIN P Hard Copy Final State Controllers Report submitted to State of Permanent GC 34090 AD Finance Drive California P Hard Copy Final Street Report submitted to the State of 206-05 Street Report FIN California Permanent GC 34090 AD Finance Drive 206-06 Statement of Indebtedness (RDA) FIN P Hard Copy Final RDA Financial Statements (SOI) submitted to Permanent GC 34090 AD Finance Drive the State of California 207 COST ANALYSIS STUDIES 207-01 Cost Analysis Studies Files FIN Final Fee Studies (City Council Report) Permanent GC 34090 AD F nardce DrCop ve REDEVELOPMENT (RDA) & SUCCESSOR AGENCY 208 THE REDEVELOPMENT AGENCY (SARDA) P Hard Copy Project files, applications, notices, correspondence 208-01 Redevelopment Plan CD RDA Drive related to project, exhibits, environmental Permanent GC 34090 AD documents, etc. P Hard Copy Project files, applications, notices, correspondence 208-02 Redevelopment Projects CD related to project, exhibits, environmental Permanent GC 34090 AD RDA Drive documents, etc. P Hard Copy Project files, applications, notices, correspondence 208-03 Redevelopment Programs CD related to project, exhibits, environmental Permanent GC 34090 AD RDA Drive documents, etc. P Hard Copy Project files, applications, notices, correspondence 208-04 Housing Programs Idocuments, CD related to project, exhibits, environmental Permanent GC 34090 AD RDA Drive etc. Page 9 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES RECORD CATEGORY OFFICE OF RETENTION RECORDS DOCUMENT/RECORD TYPE(S) RETENTION & FILE RECORD APPROVED NUMBER & LOCATION DESTRUCTION DATES OF RECORDS LEGAL (Updated each January) CITATION C + 2 Hard Copy 208-05 Affordable Housing Compliance CD RDA Drive Operating Budget, Unit Status Report, Statement of Permanent GC 34090 Compliance Monthly Income Software US Hard Copy Project files, applications, notices, correspondence 208-06 Owner Participation Rules CD related to project, exhibits, environmental Until Superseded GC 34090 RDA Drive documents, etc. US Hard Copy Project files, applications, notices, correspondence 208-07 Relocation Assistance, Rules & Guidelines CD related to project, exhibits, environmental Until Superseded GC 34090 RDA Drive documents, etc. P Hard Copy Project files, applications, notices, correspondence 208-08 Special Studies - RDA/SARDA CD related to project, exhibits, environmental Permanent GC 34090 AD RDA Drive documents, etc. 209 FUNDING PROGRAMS T + 4 Hard CopyApplications, 209-01 Community Services Funding Program CM supporting documents 2019 and prior if terminated GC 34090 Hard Drive 3 Office + 5 Hard Copy Project files, contracts, proposals, statements, 209-02 CDBG Public Service Admin Files CD, CM GC 34090; Planning Drive reports, environmental review, grant documents, 2016 and prior applications, inventory, plans, regulations (see also 409-18) P Hard Copy Electronic — Includes Consolidate Plan, Annual Action Plans, Analysis of Impediments, 209-03 CDBG Planning Documents CD Assessment of Fair Housing, Consolidated Action Permanent GC 34090 AD Planning Drive and Performance Evaluation Report (CAPER), Amendments (i.e. notices, actual substantial amendments, agreements, etc.) Page 10 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 2 + 3 Hard Copy Project files, contracts, proposals, statements, 209-04 CDBG Funding Applications CD reports, environmental review, grant documents, 2018 and prior GC 34090 Planning Drive selected applications, inventory, plans, regulations US Hard Copy 209-05 CDBG Policy Manuals CD Procedures and policies Until Superseded GC 34090 Planning Drive 300 MANAGEMENT FILES 301 DEPARTMENTAL MANAGEMENT FILES US Hard CopyAgendas, 301-02 Conference and Meetings ALL outlines, lists, notes, etc. Until Superseded GC 34090 Hard Drive US Hard CopyProcedures 301-03 Departmental Procedures ALL Until Superseded GC 34090 Hard Drive US 301-04 Signature Authority & Notices of Appointment CC GG 34090 Hard Copy Delegation of signature authority Until Superseded 302 REPORTS MANAGEMENT FILES 303 FORMS MANAGEMENT FILES US Hard Drive 303-01 Forms (Masters) ALL Shell forms Until Superseded GC 34090 Laserfiche 304 RECORDS MANAGEMENT FILES US Hard Drive 304-01 Filing Systems & Procedures (Includes TUFFS) CC Lists Until Superseded GC 34090 P CC Drive 304-02 Department Inventories and Worksheets CC Yearly inventory sheets, worksheets Permanent GC 34090 AD Hard copy Records Destruction Authorization Files and P Hard Drive 304-03 Certificates CC Certificates of Destruction Permanent GC 34090 AD Page 11 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P Hard CopyListings 304-06 Department Transfer Lists CC of documents transferred to Records Permanent GC 34090 AD Laserfiche P CC Drive 304-07 Retention Schedules CC Retention schedule (City Council Report) Permanent GC 34090 AD 305 RISK MANAGEMENT P Hard Copy 305-01 Insurance Policies ALL Laserfiche City Owned Policies Permanent GC 34090 AD €M/RM Drive 3 AS Hard Copy 2020 and prior years after 305-02 Claims Filed by the City HR Refer to Series 704-13 for Claims Against the City GC 34090 €M/RM Drive settled CL + 7 Hard CopyAccident/Incident 305-03 Accident Reports — City Assets HR Reports 2016 and prior closed GC 34090 €M/RM Drive Risk Management Reports — Loss Analysis, Safety, CL + 7 €M/RM Drive 305-04 HR Accident/Incident Reports 2016 and prior closed etc. GC 34090 AS + 3 €M/RM Drive 305-05 Self -Insured Documentation HR Insurance Policies; Certificate of Consent 2020 and prior after settled GC 34090 CL + 3 F1M/RM Drive 305-06 Incident Reports (Non -employee) HR Accident/Incident Reports 2020 and prior closed GC 34090 400 ACCOUNTING, PAYROLL & RETIREMENT 401 ACCOUNTING & REVENUE FILES Also see Section 409 4 AA Hard Copy 401-03 General Ledger File/AJE/BJE FIN GC 34090 Tyler Eden/Munis Journal and budget adjustments FY 18/19 and prior CCP337 Finance Drive 4 AA Hard Copy 401-06 Accounts Payable FIN Tyler Eden/Munis Vendor invoices with check copies, draw files FY 18/19 and prior GC 34090 Finance Drive Page 12 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 4 AA Hard Copy 401-07 Accounts Receivable FIN Finance Drive Billing invoices with backup documents FY 18/19 and prior GC 34090 Tyler Eden/Munis 4 AA Hard Copy 401-10 Demands & Warrants (checks) FIN Tyler Eden/Munis Copies of A/P checks FY 18/19 and prior GC 34090 Finance Drive 4 AA Laserfiche 401-13 List of Demands FIN Check listing issued monthly (City Council Report) FY 18/19 and prior GC 34090 4 AA Hard CopyPetty 401-14 Petty Cash Files FIN cash receipts with backup documents FY 18/19 and prior GC 34090 4 AA Hard CopySales 401-16 Sales Tax (Also see 409-11) FIN tax backup documents FY 18/19 and prior GC 34090 Finance Drive 4 AA Hard Copy 401-19 Quarterly Financial Statements FIN GC 34090 & Laserfiche Reports of quarterly financials (City Council Report) FY 18/19 and prior CCP 337 Finance Drive 4 AA Hard CopyState 401-20 State Revenues FIN of California revenue information FY 18/19 and prior GC 34090 Finance Drive Hard Copy 4 AA Questica 401-21 Fiscal Analysis FIN Finance Drive Income, balance, cash flow statements FY 18/19 and prior GC 34090 4 AA Hard Copy 401-25 Vouchers and Voucher Register (Cash Disbursement FIN CCP 337 Tyler Daily cash receipt backup documents FY 18/19 and prior Journal) Cashiering GC 34090 Finance Drive 4 AA Hard CopyTracking 401-35 Internal Service Funds FIN of services and goods FY 18/19 and prior GC 34090 Finance Drive Page 13 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 4 AA Hard Copy 401-37 Asset Management Inventory FIN Tyler Eden/Munis Fixed assets inventory FY 18/19 and prior GC 34090 Finance Drive 402 RECEIPTS & BILLING FILES 4 AA Hard Copy 402-02 Daily Cash Receipts FIN Tyler Daily cash backup documents FY 18/19 and prior GC 34090 Cashiering Finance Drive 4 AA Hard Copy 402-05 Permits and Permit Fees FIN EnerGov Listing of permit fees FY 18/19 and prior GC 34090 Finance Drive Business license applications, changes and P Hard Copy renewals 402-06 Business Licenses FIN Permanent GC 34090 EnerGov Finance Drive 403 CITY BANKING FILES 4 AA Hard Copy Copies of Bank Deposits, checks, deposit slips, 403-01 Bank Deposit Files FIN direct deposits FY 18/19 and prior GC 34090 Finance Drive 4 AA Hard CopyCopies 403-02 Bank Statements FIN of Bank Statements FY 18/19 and prior GC 34090 Finance Drive 4 AA Hard CopyCopies 403-03 Check Stubs, Cancelled/Voided Checks FIN of A/P checks and voids FY 18/19 and prior GC 34090 Finance Drive 3 AT Hard Copy 2021 and prior after 403-05 Banking Service Files FIN Bank fees file GC 34090 termination 4 AA Finance Drive 403-06 Bank Reconciliation FIN Monthly bank reconciliation documents FY 18/19 and prior GC 34090 4 AA Hard CopyA/P 403-08 A/P Checks (Numerical Listing) FIN checks FY 18/19 and prior GC 34090 Page 14 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 404 PAYROLL FILES C + 4 Hard Copy 404-01 IRS Forms (W2's, W-4's, EDD, 941, 1099, etc.) FIN GC 34090 Finance Drive Copies of W-2, W-4, payroll reports, 941 reports 2019 and prior sent to IRS CFR 1627.3 C + 4 Hard Copy 404-02 Payroll Deductions/Benefit Reports FIN GC 34090 Tyler Eden/Munis Payroll reports 2019 and prior P29 CFR 1627.3 4 AA Tyler Eden/Munis 404-03 Payroll System Reports FIN Payroll reports FY 18/19 and prior GC 34090 4 AA Tyler Eden/Munis 404-04 Time Sheets FIN Payroll timesheets, Time Off Requests FY 18/19 and prior GC 34090 4 AA Hard Copy 404-06 Vacation & Sick Leave FIN Finance Drive Payroll leave report FY 18/19 and prior GC 34090 Tyler Eden/Munis 4 AA Tyler Eden/Munis 404-09 Unemployment Compensation Files FIN Payroll unemployment forms FY 18/19 and prior GC 34090 P Tyler Eden/Munis 404-14 PERS — Payroll Deduction Reports FIN Payroll pension reports sent to CalPers Permanent 29 CFR 1627.3 4 AA Tyler Eden/Munis 404-16 Workers Compensation FIN Workers Compensation yearly audit files FY 18/19 and prior GC 34090 Page 15 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 405 BOND FILES M + 10 Hard Copy Certificates of participation, distribution lists, 405-01 Bond Issue Maintenance Files CC, PW 53921 & M + 10 agreements, amendments, maps CCP 337.5 P Hard Copy 405-09 Bonds, Development and Performance CC, PW 53921 & Bonds, correspondence, tracking lists Permanent CCP 337.5 M + 10 Hard Copy 405-16 Bonds Other CC 53921 & Bonds, correspondence, tracking lists M + 10 CCP337.5 406 AUDIT FILES P Hard CopyCity 406-07 City Annual Audit FIN Annual Financial Reports Audited Permanent GC 34090 AD Finance Drive P Hard CopyCity 406-08 Single Audit FIN Annual Financial Reports Audited Permanent GC 34090 AD Finance Drive P Hard CopyRDA 406-09 Redevelopment Agency Audit FIN Annual Financial Report Audited Permanent GC 34090 AD Finance Drive Riverside County Transportation Commission/Measure P Finance Drive 406-10 FIN Measure A Annual Audit Permanent A Audit GC 34090 AD P Finance DriveAnnual 406-11 Other Audits FIN Financial Reports Audited Permanent GC 34090 AD Page 16 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 407 RETIREMENT FILES 4AA Hard Copy 407-01 Individual Vested Interest Records FIN Laserfiche City investment portfolio records FY 18/19 and prior GC 34090 Sempro Finance Drive P Hard Copy457 407-02 Deferred Compensation Plans HR Plan Documents Permanent GC 34090 HR Drive P Hard CopyRetirement 407-04 Retirement Correspondence and Information (PERS) HR contract, amendments Permanent GC 34090 AD HR Drive 408 INVESTMENTS FILES FY Puchase + Hard Copy 408-04 Investments FIN 6 Investments, CD deposit information, bonds FY 15/16 and Prior GC 34090 AD 4AA Hard Copy 408-06 Monthly Treasurer's Report FIN Laserfiche City monthly bank reconciliation FY 18/19 and prior GC 34090 Sempro Finance Drive 4AA Hard CopyInvestment 408-07 Administration FIN administration FY 18/19 and prior GC 34090 Sempro 4 AA Hard Copy State of California Local Agency Investment Fund 408-10 (LAIF) FIN Sempro Investment information FY 18/19 and prior GC 34090 Finance Drive Page 17 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 409 REVENUE & TAXATION (Also refer to Section 401) 4 AA Hard Copy 409-01 Administration FIN Finance Drive City revenue administration FY 18/19 and prior GC 34090 Tyler Eden/Munis Tyler Cashiering P Hard Copy 409-04 User Fee Studies FIN Finance Drive Permanent GC 34090 AD Tyler Eden/Munis Tyler Cashiering City User Fee studies P Hard Copy 409-05 Development Impact Fees (DIF) FIN Finance Drive City Impact Fee studies Permanent GC 34090 AD Tyler Eden/Munis Tyler Cashiering 4 AA Hard Copy 409-06 Franchise Fees FIN Finance Drive City Franchise Fees information FY 18/19 and prior GC 34090 Tyler Eden/Munis Tyler Cashiering P Hard CopyCity 409-07 Fee Schedules FIN Fees Schedule Permanent GC 34090 AD Finance Drive 4 AA Hard Copy 409-10 Property Tax FIN Tyler Eden/Munis City property tax information FY 18/19 and prior GC 34090 Tyler Cashiering Finance Drive Page 18 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P Hard CopyCity 409-11 Sales Tax (Also refer to series 401-16) FIN sales tax information, HDL Reports Permanent GC 34090 AD Finance Drive 4 AA Hard Copy 409-12 Transient Occupancy Tax (TOT) FIN Tyler Cashiering City TOT information FY 18/19 and prior GC 34090 Finance Drive P Hard Copy 409-15 TCSD Fees FIN Tyler Eden/Munis TCSD Fees Permanent GC 34090 AD Rec 1 Finance Drive 4 AA Hard Copy 409-16 Documentary Transfer Tax FIN Tyler Eden/Munis City tax information FY 18/19 and prior GC 34090 Finance Drive P Hard Copy 409-17 Temecula Public Financing Corporation (TPFA) FIN Laserfiche TPFA (City Council Report) Permanent GC 34090 AD Finance Drive P - Successful C + 2 Hard Copy Grants information, applications, project proposals, Permanent - Successful 409-18 Grants ALL Unsuccessful notification of grant, objectives, reports, exhibits Unsuccessful - 2021 and (see also 209-02) prior GC 34090 AD Finance Drive 4 AA Hard Copy 409-23 Gas Tax FIN Tyler Eden/Munis Gas tax revenues FY 18/19 and prior GC 34090 Finance Drive 4 AA Hard Copy 409-24 Vehicle Impound Fee FIN Tyler Eden/Munis Vehicle fee information FY 18/19 and prior GC 34090 Finance Drive Page 19 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P Hard Copy 409-25 Development Agreement Fees FIN Development Agreement Permanent GC 34090 AD Tyler Eden/Munis Finance Drive Page 20 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P Hard CopyProp 409-27 Jarvis Prop 218 FIN 218 information Permanent GC 34090 AD 4 AA Hard Copy 409-28 County Revenues, Other FIN Tyler Eden/Munis County revenue information FY 18/19 and prior GC 34090 Finance Drive 4 AA Hard Copy 409-29 State Revenues, Other FIN Tyler Eden/Munis State Revenues information FY 18/19 and prior GC 34090 Finance Drive Data Ticket 4 AC Tyler Eden/Munis 409-31 Parking Legal Citations FIN Finance Drive Parking citations information 2019 and prior after closed GC 34090 410 ECONOMIC DEVELOPMENT P Hard CopyLoan 410-01 Loans & Incentives ED information Permanent GC 34090 AD P ED Drive 410-02 Studies/Research/Demographics & Census ED Claritas reports, QLMP Permanent GC 34090 AD C + 2 ED Drive Agendas, notices, CALED, ICSC, PIO Lunch, 410-03 Meetings/Seminars/Conferences/ Showcases ED GC 34090 Broker's Breakfast, Temecula Trekkers 2021 and prior US ED Drive 410-05 Temecula Businesses ED Creative Spaces Project, correspondence Until Superseded GC 34090 Us ED Drive 410-06 Business Development/Projects ED Business information Until Superseded GC 34090 Us Hard Copy Application guidelines, applications, funding charts, 410-07 Sponsorship &Funding Requests ED final sponsorship binder Until Superseded GC 34090 ED Drive Page 21 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P CM Drive Script, event information, audio/visual recordings, 410-08 State of the City Address CM, ED GC 34090 AD Video photos, PowerPoint Presentation Permanent C + 2 CM Drive 410-09 Film Permits CM, ED GC 34090 Hard Copy Film permits received from vendor 2021 and prior PERSONNEL, SALARY & BENEFITS, CLASSIFICATION, RECRUITMENT, TESTING, 500 TRAINING, MEDICAL, COMPLIANCE, SAFETY, INCENTIVES & AWARDS 501 PERSONNEL RECORDS S+50 Pre -employment and new hire documentation, personnel actions, performance evaluations, training documents, general employment 501-01 Individual Personnel File HR GC 34090, Hard Copy correspondence, benefits, confidential information Separation + 50 12946 HR Drive (medical information, leave of absence documentation), grievances, administrative complaints, investigations US Hard CopyPersonnel 501-02 Personnel Policy File HR policy Until Superseded GC 34090 HR Drive 502 SALARY & BENEFITS P HR Drive 502-01 Employee Benefit Plans HR Cafeteria Plan documents Permanent GC 34090 AD us HR Drive 502-02 Salary Studies HR Salary Studies Until Superseded GC 34090 P HR Drive 502-04 Salary Schedules HR Salary Schedules Permanent GC 34090 AD P HR Drive Management Compensation Plan (City Council 502-07 Management Compensation Plan HR Report) p ) Permanent GC 34090 AD P HR Drive City Council Compensation Plan (City Council 502-08 Council Compensation Plan HR Report) p ) Permanent GC 34090 AD Page 22 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 503 PERSONNEL CLASSIFICATION FILES P NeoGov 503-01 Classification Specifications HR Class Specifications Permanent GC 34090 AD HR Drive us HR Drive 503-02 Classification Studies HR Classification Study results Until Superseded GC 34090 505 RECRUITMENT AC + 3 NeoGov Job applications, position announcements, 505-01 Recruitment File (including job application) HR 2021 and prior after closed GC 34090 interview ratings, eligibility list , g g y 507 TRAINING FILES T + 2 HR Drive 2021 and prior after 507-03 Employee Career Development Training Rosters HR Training Participant Rosters GC 34090 termination T + 2 NeoGov 2021 and prior after 507-04 Safety Training Rosters HR Training Participant Rosters GC 34090 HR Drive termination T + 2 NeoGov 2021 and prior after 507-05 Mandated Training Rosters HR Training Participant Rosters termination GC 34090 HR Drive 508 WORKERS COMP AT + 50 Hard Copy CCR 14311; HR Drive Individual Workers' Compensation file (Work Status 508-02 Employee Workers Compensation Claims HR 15400.2; Reports, DWC-1 Form and Acknowledgement) 50 Years After Termination CA LC 110- 139.E Page 23 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 509 COMPLIANCE FILES Hard Copy P HR Drive OSIP Report; Section 111 Reporting, CHP 509-05 Compliance Reports (EED, SCO, OSHA, etc.) HR, PW PW Drive Inspection (DOT), Material Safety Data Sheets Permanent (MDS) GC 34090 AD 510 SAFETY FILES P €WRM Drive 510-01 Safety Committee Meeting/Minutes HR Agenda, meeting minutes Permanent GC 34090 AD P €WRM Drive 510-02 Accident/Safety Investigation Files (OSHA, etc.) HR Accident/Incident Reports Permanent GC 34090 AD P €WRM Drive 510-03 Safety Manual HR Safety Manuals Permanent GC 34090 AD P Hard Copy Individual DOT Driver File (Test results, DMV 510-05 Department of Transportation DOT Program HR Permanent GC 34090 AD €MfRM Drive Reports, Pull Program Authorization, Medical Card) 511 INCENTIVE AND SERVICE AWARDS P HR Drive 511-01 Employee Recognition HR Service award tracking Permanent GC 34090 AD C + 2 HR Drive 511-02 City Sponsored Employee Activities (Team PACE) HR Team PACE event plans, meeting minutes 2021 and prior GC 34090 Page 24 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION PURCHASING, CONTRACTING, EQUIPMENT AND 600 SERVICE FILES 601 PURCHASING FILES 4 AA SQL Reports Tyler Eden/Munis Purchase orders, purchase order reports, backup 601-01 Purchase Orders FIN FY 17/18 and prior documents GC 34090 M Drive Hard Copy P Successful Hard Drive Successful Permanent; 601-03 Bid Files ALL Planet Bids Notice of Inviting Bid (NIB) and unsuccessful bid Unsuccessful 2019 and 4 Unsuccessful bonds (CC retains paper) prior (Successful bid bond filed with contract) CCP 337.5 Finance Drive US Tyler Eden/Munis 601-04 Authorization to Purchase other than Bid FIN Bid authorization Until Superseded GC 6254 3 AA Tyler Eden/Munis 601-05 Department Requisition File FIN Requisition file, backup documents FY 19120 and prior GC 34090 US Finance Drive 601-06 Purchasing Policy and Procedures FIN Purchasing policies and procedures Until Superseded GC 6254 3 AA 601-08 Vendors Lists FIN Listing of vendors FY 18/19 and prior GC 34090 Tyler Eden/Munis 3 AA Finance Drive 601-13 Credit Applications FIN Credit application FY 18/19 and prior GC 34090 Successful: Hard Copy AA +5 Successful: 2018 and prior 601-15 RFQs, RFPs and RFI's ALL 2 Unsuccessful Hard Drive Quotes, proposals, exhibits, correspondence if closed; Unsuccessful: 2021 Planet Bids GC 34090 Page 25 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 602 CONTRACTS & AGREEMENTS Hard Copy Contracts , Agreements, Amendments, Contract P Finance Drive Agreements, contracts, amendments and contract 602-00 Change Orders and Leases CC, PW change orders Permanent GC 34090 AD Laserfiche Hard Copy P Finance Drive 602-01 Franchises CC Agreements, Contracts, Amendments Permanent GC 34090 AD Laserfiche C + 2 Hard CopyGeneral 602-02 Contracts and Agreements General Correspondence CC Correspondence 2021 and prior GC 34090 Finance Drive US + 4 Hard Copy Tyler Eden/Munis Certificates of Insurance (Departments maintain 602 05 Vendor Certificates of Insurance ALL copies for their records) Until Superseded + 4 GC 34090 Offsite Vendor 603 INVENTORY SUPPLY FILES & FIXED ASSETS US + 2 Hard Drive 603-01 Master Inventory of Equipment FIN, ITSS Listing of inventory Until Superseded GC 34090 C + 2 Hard CopyCity 603-02 Fuel Records File (Gasoline, Oil, etc.) FIN revenue administration 2021 and prior GC 34090 L + 4 Hard Copy City vehicle title records, registrations, sales 603-03 Vehicle Registration Records CC, FIN GC 34090 contract and release correspondence Life/Sale of Vehicle +4 VC 9900 US Hard CopyVehicle 603-05 Vehicle Maintenance Policy PW maintenance policy Until Superseded GC 34090 PW Drive Hard Copy Life/Sale of Vehicle 603-06 Fleet/Vehicle Maintenance Records PW L All Fleet/Vehicle maintenance records Permanent - Database info Lucity in Lucity Page 26 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION CARB reporting (VIN, Make and Model, license plate number, GVWR, body type, fule and Hard Copy 5 powertrain type, date of purchase, odomoter, 603-07 Zero Emission Fleet Vehicles PW, FIN PW Drive 2029 CCR 2013.3 engine family and engoine model), purchase lease Tyler Munis agreements, sales information, transer of liability forms, out of state registration form, DMV filing Page 27 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 604 SALVAGE AND SURPLUS SALES C + 2 After Tyler Eden Disposal 2021 and prior after 604-01 Salvage and Surplus Sales FIN, PW Asset surplus Finance Drive disposal GC 34090 PW Drive 605 PUBLICATION AND PRINTING FILES C + 2 Hard CopyPublication 605-01 Proof of Publication CC Approval, Proof of Publication 2021 and prior GC 34090 EQUIPMENT LOG, SERVICE RECORDS and WORK 606 ORDERS C + 2 After 606-01 Equipment Instruction, Information and Warranties ALL Disposal Hard Drive Equipment information pamphlets, books, manuals 2021 and prior after disposal disposal GC 34090 C + 2 After 2021 and prior after Disposal Lucity disposal 606-03 Equipment Service Records & Equipment Maintenance ALL Service/Maintenance documentation, logs Permanent - Database info GC 34090 in Lucity C + 2 Hard Copy 2021 and Prior - Hard 606-04 Work Orders and Service Requests PW Citizen Requests, Service Order Requests Copies Lucity Permanent - Database info GC 34090 PW Drive in Lucity 607 SERVICES CONTRACTED P Hard Copy 607-02 Misc. Mechanics Lien & Stop Notices PW Laserfiche Preliminary Notices, Stop Notices Permanent GC 34090 AD PW Drive 700 LEGISLATIVE, ELECTIONS & LEGAL FILES 701 LEGISLATIVE FILES City Council, Agency, Board, Commission & P Hard Copy Agendas, staff reports, exhibits, departmental 701-02 Committee Agendas CC I GC 34090 AD I Laserfiche Ireports Permanent Page 28 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION Permanent - Read into P Hard Copy Record 701-03 Request to Speak Forms CC Speaker Slips, Emails submitted for the record Electronic C + 2 - Not read into the C + 2 record (Public Comment) P Hard Copy Permanent - Originals may 701-04 City Council Ordinances CC Ordinances, exhibits, logs GC 34090(e) Laserfiche not be destroyed ed City Council, Agency, Board, Commission & P Hard Copy Permanent - Originals may 701-05 Committee Resolutions CC GC 34090(e) Laserfiche Resolutions, exhibits, logs not be destroyed City Council, Agency, Board, Commission and P Hard Copy Permanent - Originals may 701-10 Committee Minutes CC GC 34090(e) Laserfiche Minutes not be destroyed Selected: T + 4 City Council, Board, Committee, Commission & Selected: Termination +4 701-11 Agency Reference Papers, Applications, Appointments CC Not Selected: Hard Copy Applications, correspondence Not Selected: 2021 and & Resignations C + 2 prior GC 34090 Federal & State Legislative Information & P Hard Copy 701-12 Correspondence CC GC 34090 AD Correspondence Permanent P Hard Copy Replace superseded pages; 701-14 Municipal Code CC GC 34090(e) Municipal Code, updates Code and Insertion Guides AD Website Permanent 701-15 Signed Meeting Cancellation Notices CC Hard Copy Notices Permanent GC 34090 AD pe C + 4 Hard CopyNotices 701-16 Public Hearing Notices CC 2019 and prior GC 34090 P Hard CopyCommittee 701-18 City Seal/Logo CC documents, seal, correspondence Permanent GC 34090 AD P Hard Copy LAFCO documents, county resolution, studies, 701-19 City of Temecula Articles of Incorporation CC Permanent GC 34090 AD exhibits Page 29 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P CC Drive 701-22 History of Elected/Appointed Officials CC I List of elected/appointed officials Permanent GC 34090 AD Page 30 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 702 ELECTION FILES P Hard Copy 702-02 Election Historical/Operational Files CC Primary/General election correspondence, Permanent GC 34090 AD CC Drive publications, resolutions, results, etc. 702-04 Miscellaneous Election Ballots CC Hard Copy Proposition 218 Permanent GC 34090 AD Successful: T+4 Hard Copy Successful:Term + 4 702-06 Nomination Files CC Unsuccessful: Nomination Papers Unsuccessful: Election +2 E + 2 Elected Mayor, City Council Campaign Statements P/E + 5/E+7 Hard Copy members and suppporting committees: Permanent FPPC Form 400 Series & 501 GC 81009 (b) Laserfiche Non -Elected (Election + 5) - 702-08 CC FPPC documents 2018 and prior Misc. GC 81009 (c) Net File Individuals/Committees (E + 7) — 2016 and prior (Must Retain in Paper Form for 2 Years) Campaign Disclosure Log P CC Drive 702-09 CC GC 34090 AD Log Permanent P Hard Copy 702-10 Annexation, Consolidation & Boundary Files CC GC 34090(a) LAFCO documents, reports, recorded maps, notice Permanent of intent, correspondence AD C + 8 months Hard Copy Petition, correspondence, ballot turn in, ballot title, For petition: 8 months after 702-11 Initiatives, Referendums and Recalls CC certification of election if on C + 2 notice of intent ballot or after final Page 31 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 702-12 Misc. Petitions CC GC 34090 Hard Copy Neighborhood petitions 2021 and prior 5 ATR Hard Copy GC 53235.2 - 702-13 AB 1234 Ethics Training & AB 1661 Harassment CC Ethics GC Certificate of Proof, Proof of Participation List 2018 and prior Prevention Training 12950.1, 53237, 53237.5 HP GC 12950.1, 703 LEGAL 53237 and 53237.5 - HP CL + 2 Web QA PRA Requests, correspondence, documents 703-01 Public Records Act Requests (PRA's) CC 2021 and prior after closed GC 34090 produced Requests for Copies of Building Plans/Structural CC CL + 2 Hard Copy Request, Architect Consent Correspondence, 703-02 Drawings Web QA Owner Declaration, Postal Cards, Proof of Receipt 2021 and prior GC 34090 and B & S Letter via CC Dept. P Hard Copy Permanent - Final 703-03 Litigation Against City CC, HR Individual Working Files (Claim, Litigation Notices, documents transferred to GC 34090 EM/RM Drive Depositions, Case Status Reports) City Clerk and retained with litigation file C + 4 Hard CopyNotices 703-06 Bankruptcy Filings/Foreclosure Notices CC related to contracts 2019 and prior GC 34090 Laserfiche C + 2 Hard Copy 703-08 Subpoenas CC Subpoena, correspondence, log 2021 and prior GC 34090 Web QA Portal P Hard Copy Permanent - Final 703-09 Litigation by City CC, HR Individual Working Files (Claim, Litigation Notices, documents transferred to GC 34090 AD EMIRM Drive Depositions, Case Status Reports) City Clerk and retained with litigation file 704 LEGAL AFFAIRS FILES CL + 5 Hard Copy 704-04 Affidavits Files CC Mailings & Postings 2018 and prior GC 34090 Page 32 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P 704-05 Judgment Files CC Hard Copy Legal documents, correspondence Permanent GC 34090 AD Statements of Economic Interest C + 7 Laserfiche FPPC documents 2016 and prior FPPC Form 700 704-07 CC GC 81009(e)(f) (Must Retain in Paper Form (g) for 2 Years) GC 87200 P Hard Copy 704-08 Conflict of Interest Code CC Permanent P 704-09 Wage Garnishment & Levies FIN Hard Copy Payroll employee garnishment information Permanent GC 34090 AD CL + 2 Hard Copy Citations, complaints, officer comments/notes, Permanent - Database Info photos, notices, violation lists/reports, in Energov 704-10 Code Enforcement Case Files CE GC 34090 (d) B & S Drive nuisance/vehicle/weed abatement records, 2021 and prior closed for AD Energov warrants, demand for payment, invoices and non energov records related records Hard Copy P EnerGov Code cases, reports, correspondence, invoices, 704-11 Code Enforcement Liens CC, CE GC 34090 (a) Laserfiche photos, liens, warrants, demand payment letters Permanent AD B & S Drive resolutions and noticing Hard Copy City Attorney Correspondence (General) /Closed C + 2 Office 365 704-12 Session Materials ALL Hard Drives Correspondence, exhibits, reports 2021 and prior GC 34090 Page 33 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 3 AS Claim, exhibits, general correspondence (Refer to 704-13 Claims Against the City CC Hard Copy 305-02 for claims filed by the City) 2020 and prior after settled GC 34090 P 704-15 Notary Public GC 34090 (d), Hard Copy Notary Bond, Errors & Omissions Policy Permanent CC GG8289 C + 2 Hard Copy Miscellaneous Petitions/Protests (See 702-12 for 704-19 election petitions) CC GC 34090, Petitions 2021 and prior 50115 C + 7 Hard Copy 704-22 FPPC Form 800 Series CC GC 34090, GC FPPC documents, backupdocuments 201 e and prior -Must retain Laserfiche paper form for 2 years 81009 705 ASSESSMENT/SPECIAL DISTRICTS P C + 2 Ballots 705-01 Assess ment/Special Districts CC GC 34090 Hard Copy Reports, correspondence, ballots Permanent Ballots - C + 2 GC 53753 (e) (2) P Hard Copy 705-05 Temecula Community Services District FIN Finance Drive TCSD Levy Permanent GC 34090 AD Tyler Eden/Munis P Hard Copy 705-12 Industrial Development Authority (IDA) FIN Finance Drive IDA Levy Permanent GC 34090 AD Tyler Eden/Munis ENGINEERING, CONSTRUCTION, BUILDING AND 800 CAPITAL PROJECTS 801 GENERAL ENGINEERING P Hard Copy 801-03 Improvement Plans — Storm Drain PW Laserfiche Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD easements, legal descriptions g p PW Drive Page 34 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P Hard Copy 801-04 Improvement Plans — Street All Weather Access p ( ) PW PW Drive Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD easements, legal descriptions Laserfiche P Hard Copy 801-05 Grading Plans PW Laserfiche Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD easements, legal descriptions PW Drive 802 ENGINEERING AND CONSTRUCTION PERMITS P Hard Copy 802-02 Grading Permits PW Laserfiche Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD easements, legal descriptions PW Drive P Hard Copy 802-05 Encroachment Permits PW Laserfiche Plans, reports, studies, bonds, agreements, permanent GC 34090 AD easements, legal descriptions PW Drive P Hard Copy 802-07 Right of Entry CD, PW Laserfiche Document files, court filings, noticing, Permanent GC 34090 AD correspondence PW Drive P Hard Copy 802-08 Flood Plain Development Permits PW Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD Laserfiche easements, legal descriptions PW Drive 803 MAP FILES P Hard Copy 803-01 Final Tract Maps PW Laserfiche Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD easements, legal descriptions PW Drive P Hard Copy 803-02 Final Parcel Maps PW Laserfiche Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD easements, legal descriptions PW Drive Page 35 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION BUILDING PLANS, PERMITS AND 805 SPECIFICATIONS P EnerGov 805-01 Sewer Specifications CD Procedures and policies Permanent GC 34090 AD Permits Plus P EnerGov 805-03 Landscape Specifications CD, PW Permits Plus Procedures and policies Permanent GC 34090 AD Hard Copy PW Drive P Hard Copy Regional Standard Drawings and Specifications for Laserfiche Standard drawings, standard specifications, plans, 805-04 Public Works PW GC 34090 AD PW Drive reports, studies, calculations Permanent Website P Hard CopyProcedures 805-06 Building Codes BS and policies Permanent GC 34090 AD B & S Drive P EnerGov Building permits, plans, applications, contact Permanent -For life of 805-07 Building Permits BS Laserfiche information, related permit documents and database records structure GC 34090 AD Permits Plus P EnerGov Architectural/structural drawings, Title 24's, Permanent - For life of 805-08 Building Plans BS GC 34090 AD Laserfiche Structural Calculations, tenant improvement plans structure H & S 19850 Hard Copy 806 CAPITAL PROJECTS P Hard CopyProject 806-01 5-Year Plan ALL files, plans, reports Permanent GC 34090 AD Hard Drive P Hard Copy Project files, documents, plans, specifications, 806-04 Projects in Progress PW Permanent GC 34090 AD PW Drive reports, logs P Hard Copy Project files, documents, plans, specifications, 806-05 Completed Projects p PW Laserfiche reports Permanent GC 34090 AD PW Drive Page 36 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 807 INSPECTION FILES Hard Copy B & S Drive P EnerGov 807-01 Inspectors Daily Reports CD, PW Permits Plus Inspection reports Permanent Laserfiche GC 34090 AD PW Drive P EnerGov 807-02 Billboard and Sign Files CD Permits Plus Building permits, plans, applications, contact Permanent GC 34090 AD Hard Copy information, related permit documents B & S Drive P EnerGov 807-03 Deputy Inspectors/City Fee Required CD Permits Plus Contact information, fee information, reports Permanent GC 34090 AD Hard Copy B & S Drive 900 LABOR RELATIONS FILES P HR Drive 901-00 Labor Relations HR Employee relations documentation Permanent GC 34090 AD P HR Drive 901-01 Meet and Confer HR Negotiation, resolution documentation Permanent GC 34090 AD Memorandum of Understanding, Management P HR Drive 901-02 HR Employee MOU, Management Compensation Plan Permanent Compensation Plan GC 34090 AD P HR Drive 901-05 Bargaining Unit Organization Files HR Bargaining Unit documentation Permanent GC 34090 AD Page 37 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION RIGHT-OF-WAY, BOUNDARY AND PROPERTY 1000 FILES 1001 RIGHT-OF-WAY FILES P Hard CopyDeeds, 1001-01 Easements Granted BY City CC agreements, grants, legal description Permanent GC 34090 AD P Hard CopyDeeds, 1001-02 Easements Granted BY County CC agreements, grants, legal description Permanent GC 34090 AD P Hard CopyIOD, 1001-03 Irrevocable Offers of Dedication (I.O.D.) CC legal description Permanent GC 34090 AD CC P Hard CopyAgreements 1001-04 Encroachment Files Permanent GC 34090 AD P Hard CopyQuitclaim 1001-05 Quitclaims CC Deed Permanent GC 34090 AD P Hard CopyDeeds, 1001-06 Easement Grant TO City CC agreements, grants, legal description Permanent GC 34090 AD 1002 PROPERTY FILES P Hard CopyGrant 1002-01 Property Acquisition Files CC Deeds, agreements Permanent GC 34090 AD P Hard CopyLease 1002-02 Property Lease Files CC agreements Permanent GC 34090 AD P Hard CopyAgreements, 1002-03 Property Sale Files CC escrow documents, correspondence Permanent GC 34090 AD P Hard CopyRecorded 1002-06 Vacations CC resolution, reports Permanent GC 34090 AD Page 38 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P EnerGov 1002-07 Annexations CC, CD, CM Permits Plus Project files, applications, notices, correspondence Permanent GC 34090 AD X Drive related to project, plans, etc. Hard Copy P Hard CopyRecorded 1002-08 Property Management CC resolution, reports Permanent GC 34090 AD P Hard CopyFinal 1002-10 Eminent Domain Acquisition CC Order of Condemnation, deeds Permanent GC 34090 AD P Hard CopyReports 1002-11 Appraisals CC Permanent GC 34090 AD Laserfiche 1003 BOUNDARY FILES P EnerGov Project files, applications, notices, correspondence 1003-01 Boundary Description rY p CD Permits Plus related to project, plans, etc. Permanent GC 34090 AD X Drive P EnerGov 1003-02 Sphere of Influence CD Permits Plus Project files, applications, notices, correspondence Permanent GC 34090 AD X Drive related to project, plans, etc. Hard Copy 1100 PUBLIC SERVICES AND PUBLIC RELATIONS STREET MAINTENANCE AND IMPROVEMENT 1110 FILES P Hard Copy Plans, reports, studies, bonds, agreements, 1110 01 Street Improvement PW Laserfiche easements, legal descriptions Permanent GC 34090 AD PW Drive P Hard Copy Plans, reports, studies, bonds, agreements, 1110 02 Off -Site Plans (Ramps, Sidewalks, Curbs, etc.) PW Laserfiche easements, legal descriptions g p Permanent GC 34090 AD PW Drive Page 39 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER & LOCATION DESTRUCTION DATES OF RECORDS LEGAL (Updated each January) CITATION P Hard Copy 1110-03 Bridges PW Laserfiche Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD easements, legal descriptions PW Drive P Hard Copy 1110-04 Street Planning PW Laserfiche Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD easements, legal descriptions PW Drive P 1110-05 Street Maintenance and Repairs PW Hard Copy Maintenance and inventory records Permanent GC 34090 AD PW Drive Lucity P Hard Copy 1110-06 in Crosswalks, Bike Lanes, etc. Striping g ( ) PW Laserfiche Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD easements, legal descriptions PW Drive P Hard Copy 1110-07 Street Names and Signs PW Lucity GIS data base, street sign inventory Permanent GC 34090 AD PW Drive P Hard Copy 1110-08 Street Furniture (Bus Benches, etc.) PW Lucity Street maintenance/inventory records Permanent GC 34090 AD PW Drive P Hard Copy 1110-09 State Highways & Freeways PW Laserfiche Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD easements, legal descriptions PW Drive P Hard Copy 1110-10 Street Inventory PW, ITSS GIS System GIS data base Permanent GC 34090 AD Lucity PW Drive P Hard Copy 1110-11 Medians PW, ITSS GIS System GIS data base, maintenance/inventory records Permanent GC 34090 AD Lucity PW Drive Page 40 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P Hard Copy 1110-12 Slopes PW, ITSS GIS System GIS database, maintenance/inventory records Permanent GC 34090 AD Lucity PW Drive P EnerGov 1110-13 Street Numbering & Naming CD GIS database, lists, maps Permanent Permits Plus GC 34090 AD X Drive P Hard Copy Plans, reports, studies, bonds, agreements, 1110-14 Detour Plans PW GC 34090 AD Laserfiche easements, legal descriptions Permanent PW Drive 1120 STREET LIGHTING FILES C + 2 Hard Copy Service Order Requests (SOR's) and SCE 2021 and prior -Originals 1120-02 Street Lighting Maintenance Files PW GC 34090 Lucit y maintenance are sent to SCE PW Drive 1130 SPECIAL SERVICES FILES Volunteer Program Applications (Community Service, C + 2 Hard Copy Applications, Minor Consent Forms, TB Test, Live 1130-01 CSD 2021 and prior etc.) GC 34090 Volgistics Scan P ar opy 1130-04 Special Events Permits CSD EnerGov Permits Permanent GC 34090 CSD Drive 1141 SPECIAL STUDIES FILES P Hard Copy Plans, reports, studies, easements, legal 1141-01 Flood Control Studies PW Laserfiche descriptions Permanent GC 34090 AD PW Drive P Hard CopyStudies, 1141-02 Demographic & Statistical Studies ED supporting documents Permanent GC 34090 AD ED Drive Page 41 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 1150 ANIMAL CONTROL FILES C + 2 EnerGov 1150-01 Animal Control Correspondence CE Permits Plus Code cases, reports, correspondence, noticing 2021 and pri GC 34090 B&S Drive 1160 TRAFFIC CONTROL AND PARKING P Hard Copy 1160-01 Traffic Control Files PW Laserfiche Plans, reports, studies, bonds, agreements, Permanent GC 34090 AD easements, legal descriptions PW Drive C + 2 Hard Copy 1160-02 Traffic Studies and Surveys PW Laserfiche Reports, studies 2021 and prior GC 34090 PW Drive P Hard Copy Plans, reports, studies, bonds, agreements, 1160-04 Traffic Requests— Public Inquiry PW Lucit y easements, legal descriptions Permanent GC 34090 AD PW Drive C + 5 Hard Copy 1160-06 Traffic Consultants PW Laserfiche Reports, studies 2018 and prior GC 34090 PW Drive 1161 TRAFFIC MAPS P Hard Copy 1161-02 Street Maps ITSS/PW GIS System GIS database, street improvement plans Permanent GC 34090 AD Laserfiche PW Drive P Hard Copy 1161-03 Speed Survey PW Laserfiche Traffic documents, reports, studies Permanent GC 34090 AD PW Drive Page 42 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 1162 TRAFFIC SIGNAL FILES L Hard Copy 1162-01 Traffic Signals ITSS, PW Lucity GIS database, traffic signal plans Life GC 34090 PW Drive L Hard Copy 1162-02 Traffic Signal Maintenance PW GIS System Reports, service maintenance records, PM, Service Life GC 34090 Lucity Order Requests PW Drive 1162-03 Traffic Signal Timing PW C+2 Enterprise Signal timing C+2 (retention started GC 34090 software 2024) 1163 PARKING FILES 1163-01 Park and Rides CC GC 34090 Hard Copy Correspondence 2021 and prior 1170 SANITATION, SEWERS & STORMDRAINS US Hard CopyGeneral 1170-09 Storm Drains and Flood Control CC correspondence, updates Until Superseded GC 34090 1180 PUBLIC RELATIONS FILES 1180-02 Historical Documents ALL P Hard Copy Incorporation news clippings, historical press Permanent GC 34090 Hard Drive releases C + 2 MyCivic 1180-03 Public Inquiry and Complaints (Except Consumer) ALL GC 34090, Office 365 General correspondence 2021 and prior 945.6 CCP 338, 342 Hard Copy P Hard CopyAgendas, 1180-06 Public Ceremony Files CM outlines Permanent GC 34090 AD C + 2 Hard CopySurveys, 1180-08 Public Questionnaires/Surveys CM, CSD summaries, results, reports 2021 and prior GC 34090 Hard Drive P Hard CopyNewsletters 1180-09 Municipal Newsletter CM I Permanent GC 34090 AD Hard Drive Page 43 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P Hard CopyListings 1180-10 Donations TO the City CC of donated items Permanent GC 34090 AD C + 2 Hard CopyGeneral 1180-11 Organizations and Clubs, General CM, CSD correspondence 2021 and prior GC 34090 C + 2 Hard CopyCopies 1180-12 Community Education CSD of print collateral, media files 2021 and prior GC 34090 Hard Drive C + 2 Hard CopyPress 1180-13 Special Events and City Sponsored Events CM, CSD releases, permits, supporting documentation 2021 and prior GC 34090 Hard Drive C + 2 Hard CopyPress 1180-14 City Promotional Campaign CM, CSD releases, collateral 2021 and prior GC 34090 Hard Drive P Hard CopyLetters, 1180-16 Sister City Program CM, CSD itinerary, items of historical significance Permanent GC 34090 AD Hard Drive US + 2 Hard CopyPublications, 1180-18 City Publications & Brochures ALL brochures, postal cards, etc. Until Superseded + 2 GC 34090 Hard Drive P Hard Copy Reports delivered in conjunction with City business 1180-20 Speeches CM speech outlines (retain items of historical Permanent GC 34090 AD Hard Drive significance) PUBLIC UTILITIES, COMMUNICATIONS, AND 1200 TRANSPORTION FILES 1201 GENERAL UTILITIES FILES P Hard CopyAgreement 1201-01 Public Utilities Commission CC Permanent GC 34090 AD Page 44 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 1202 GAS AND ELECTRIC FILES P Hard CopyFranchise 1202-01 Franchise Files CC documentation Permanent GC 34090 AD Laserfiche P Hard CopyCorrespondence, 1202-03 Easements Granted TO Southern California Edison CC recorded documents, exhibits Permanent GC 34090 AD Laserfiche 1203 RADIO FILES AE+2 1203-01 Radio Station License CC GC 34090 Hard Copy License AE + 2 1207 TRANSPORTATION FILES C + 2 Hard Copy 1207-05 Regional Issues CM, PW Meeting agendas 2021 and prior GC 34090 PW Drive Page 45 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION 1300 PUBLIC SAFETY FILES 1301 PUBLIC SAFETY C + 2 Hard CopyCorrespondence, 1301-01 Law Enforcement CM enforcement documentation 2020 and prior GC 34090 C + 2 EnerGov 1301-02 Public Safety, General CD, CM Permits Plus Code cases, reports, correspondence, noticing 2021 and prior GC 34090 B&S Drive C + 2 EnerGov AVA Quarterly Reports, reimbursement 1301-08 Abandoned Vehicles & Houses CD Permits Plus documents, correspondence, noticing 2021 and prior GC 34090 B&S Drive C + 2 Hard CopyCorrespondence, 1301-13 Border Patrol CC, CM enforcement documentation 2021 and prior GC 34090 1302 FIRE DEPARTMENT P Hard Copy Project files, applications, notices, correspondence 1302-06 Fire Department Facilities p FP Laserfiche related to project, plans, etc. permanent GC 34090 AD FP Drive P Hard Copy Project files, applications, notices, correspondence 1302-08 Fire Permit Files FP GC 34090 AD EnerGov related to project, plans and database records Permanent Permits Plus Laserfiche PARKS, RECREATION, ENVIRONMENTAL AND 1400 EDUCATION FILES 1401 PARKS AND FACILITIES Community Service Rules & Regulations (Council P Hard Copy 1401-00 CSD Ordinances, resolutions Permanent Adopted) GC 34090 AD Page 46 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION City Facilities and Parks Reports, Studies & P Hard Copy 1401-01 CC, CSD Reports, studies, summaries and regulations Permanent Regulations GC 34090 AD Recreation Forms (Activity Registrations, Park/Facility P Hard Copy 1401-10 CSD Forms, rosters Permanent Rentals, Sign -In Sheets, Rosters, etc.) GC 34090 CivicRec 1402 CULTURAL RECREATION FILES 1403 ENVIRONMENTAL FILES P Hard Copy 1403-01 Community Design Manual CD Planning Drive Manual Permanent GC 34090 AD X Drive P Hard Copy 1403-02 Landscaping Guidelines CD Planning Drive Guidelines Permanent GC 34090 AD X Drive P Hard Copy Reports, studies, surveys, environmental 1403-03 Air Pollution/Air Element CD Planning Drive documents Permanent GC 34090 AD X Drive P Hard Copy 1403-04 Archaeological Surveys CD Reports, studies, surveys, environmental Permanent GC 34090 AD Planning Drive documents P Hard Copy 1403-07 Resource Conservation Areas CD Reports, studies, surveys, environmental Permanent GC 34090 AD Planning Drive documents X Drive P Hard Copy 1403-08 Energy Conservation CD Reports, studies, surveys, environmental Permanent GC 34090 AD Planning Drive documents X Drive Page 47 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION P Hard Copy 1403-09 City -Wide Clean-up Campaigns CD Reports, studies, surveys, environmental Permanent GC 34090 AD Planning Drive documents X Drive Hard Copy P Planning Drive Reports, studies, surveys, environmental 1403-10 Noise Pollution CD X Drive documents Permanent GC 34090 AD P Hard Copy 1403-11 Tree Trimming and Removal PW Lucit y Reports, studies, surveys, environmental Permanent GC 34090 AD documents PW Drive P Hard Copy 1403-12 Recycling CD Planning Drive Reports, studies, surveys, environmental documents Permanent GC 34090 AD X Drive P Hard Copy 1403-13 Safe Drinking Water Act CD Hard Copy Reports, studies, surveys, environmental Permanent GC 34090 AD Planning Drive documents X Drive P Hard Copy 1403-14 Congestion Management CD Hard Copy Reports, studies, surveys, environmental Permanent GC 34090 AD Planning Drive documents X Drive Page 48 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER & LOCATION DESTRUCTION DATES OF RECORDS LEGAL (Updated each January) CITATION P Hard Copy 1403-15 Stephen's Kangaroo Rat Mitigation p g g CD Planning Drive Reports, studies, surveys, environmental documents Permanent GC 34090 AD X Drive P Hard Copy 1403 16 Multi -Species Habitat Conservation Plan CD Planning Drive Reports, studies, surveys, environmental documents permanent GC 34090 AD X Drive P Hard Copy Reports, studies, surveys, environmental 1403-17 CEQA CD Planning Drive documents Permanent GC 34090 AD X Drive P Hard Copy 1403-18 Landfills CD Planning Drive Reports, studies, surveys, environmental documents Permanent GC 34090 AD X Drive P Hard Copy Reports, studies, surveys, environmental 1403-19 Erosion Control Plans CD Planning Drive documents Permanent GC 34090 AD X Drive P Hard Copy 1403 20 Earthquake Standards/Hazardous Buildings 9 g CD PlanningReports, Drive studies, surveys, environmental documents permanent GC 34090 AD X Drive P Hard Copy Reports, studies, surveys, environmental 1403 21 Mining Projects CD Plannin Drive g documents Permanent GC 34090 AD X Drive Page 49 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER & LOCATION DESTRUCTION DATES OF RECORDS LEGAL (Updated each January) CITATION P Hard Copy 1403-22 Federal Endangered S Act FESA Species g p ( CD Planning Drive Reports, studies, surveys, environmental documents Permanent GC 34090 AD X Drive P X Drive 1403-23 Santa Ana Watershed Project Authority CD Planning R Reports, studies, surveys, environmental Permanent GC 34090 AD Drive documents Paper P Hard Copy Reports, studies, surveys, environmental 1403-24 Environmental Pests CD Planning Drive documents Permanent GC 34090 AD X Drive 1405 EDUCATION FILES C + 2 Hard CopyGeneral 1405-01 Temecula Valley Unified School District CM correspondence 2021 and prior GC 34090 C + 2 Hard CopyGeneral 1405-02 Universities, College & Higher Education CM correspondence 2021 and prior GC 34090 C + 2 Hard Copy 1405-03 Charter, Private, Public & Christian Schools CM General correspondence 2021 and prior GC 34090 Page 50 Exhibit A City of Temecula Records Retention Destruction Schedule WORKING DRAFT Adopted by City Council Resolution No. 2024- , January, 2024 RECORD SERIES OFFICE OF RETENTION & RECORD CATEGORY RETENTION RECORDS DOCUMENT/RECORD TYPE(S) FILE RECORD APPROVED NUMBER DESTRUCTION DATES & LOCATION OF RECORDS LEGAL (Updated each January) CITATION GOVERNMENT ORGANIZATIONS AND OFFICES: 1500 INTERNATIONAL, NATIONAL AND LOCAL International, National and Local Government C + 2 Hard Copy 1500-01 Organizations & Offices ALL General correspondence 2021 and prior GC 34090 1501 UNITED STATES OFFICES AND ORGANIZATIONS C + 2 Hard CopyGeneral 1501-01 United States Offices & Organizations ALL correspondence 2021 and prior GC 34090 1502 CALIFORNIA OFFICES AND ORGANIZATIONS C + 2 Hard CopyGeneral 1502-01 California Offices & Organizations ALL correspondence 2021 and prior GC 34090 1503 REGIONAL ORGANIZATIONS C + 2 Hard CopyGeneral 1503-01 Regional Organizations ALL correspondence 2021 and prior GC 34090 1504 RIVERSIDE COUNTY FILES C + 2 Hard Copy 1504-01 Riverside County Offices ALL General correspondence 2021 and prior GC 34090 Page 51 Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: John Crater, Division Chief, Temecula Fire Department DATE: January 9, 2024 SUBJECT: Approve Resolution Designating Certain City Officials to Execute Applications and Documents for Grant Funding through the Department of Homeland Security, State of California and Riverside County PREPARED BY: Mikel Alford, Emergency Manager RECOMMENDATION: That the City Council adopt this resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE BACKGROUND: To be eligible to receive financial assistance established under the Federal Emergency Management Agency's (FEMA) Emergency Management Performance Grant (EMPG) and the State Homeland Security Grant Program (SHSP), the State of California requires a resolution adopted by the City Council that designates certain city officials as eligible to apply for and receive federal financial assistance under the above -mentioned grant programs. To that end, staff is recommending that the City Council adopt a resolution which would authorize the City Manager, or his/her designee, to execute and submit FEMA and SHSP Grants for, and on behalf of the City of Temecula. FISCAL IMPACT: There is no fiscal impact with the passing of this resolution. ATTACHMENTS: Resolution RESOLUTION NO.2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DESIGNATING AND AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSES OF OBTAINING FEDERAL FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL DEPARTMENT OF HOMELAND SECURITY AND SUB -GRANTED THROUGH THE STATE OF CALIFORNIA AND THE COUNTY OF RIVERSIDE. WHEREAS, the City Council of the City of Temecula heretofore adopted Resolution No. 2024- designating and authorizing certain City officials to execute said applications and documents; and WHEREAS, the California Governor's Office of Emergency Services requires that the Temecula City Council adopt Resolution No. 2024- in order to be eligible to apply for and receive federal financial assistance provided by the federal Department of Homeland Security and sub -granted through the State of California and the County of Riverside Emergency Management Department; and WHEREAS, the City of Temecula desires to continue to accept the State Homeland Security Program (SHSP) and Emergency Management Program Grant (EMPG) grants for grant years 2023, 2024, 2025 and 2026. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City Manager, or his/her designee, are hereby authorized to execute and submit for and on behalf of the City of Temecula, a local government established under the laws of the State of California, applications and other related documents, including agreements amendments, extensions, and grant award documents, for the purpose of obtaining federal financial assistance provided by the federal Department of Homeland Security and sub -granted through the State of California. Section 2. That this authorization shall be in effect for the duration of the Fiscal Years 2022, 2023, 2024, 2025 and 2026 grant periods of the SHSP and EMPG. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of January, 2024. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of January, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: January 9, 2024 SUBJECT: Approve Consultant Agreement with STC Traffic, Inc. for the Safety Lights and Signal Communications Upgrade — Citywide, PW23-13 PREPARED BY: Nick Minicilli, Senior Civil Engineer Julie Tarrant, Principal Management Analyst RECOMMENDATION: That the City Council: 1. Approve a consultant agreement with STC Traffic, Inc., in the amount of $317,730, for the Safety Lights and Signal Communications Upgrade - Citywide, PW23-13; and 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $31,773, which is equal to 10% of the agreement amount. BACKGROUND: On May 9, 2022, the Caltrans Division of Local Assistance announced the Cycle 11 Call for Projects for the Highway Safety Improvement Program (HSIP). On August 23, 2022, the City Council approved Resolution 2022-67 approving the filing of the project application for Highway Safety Improvement Program (HSIP) Cycle 11 funds. The Public Works Department -Traffic Division submitted a project application, and on March 9, 2023, the city was awarded HSIP Cycle 11 funding for the Safety Lights and Signal Communications Upgrade- Citywide project, in the amount of $2,441,310. The Project will upgrade all traffic signal safety lights to LED and install communication system upgrades to 127 intersections throughout the City. Specific project improvements include LED streetlights, signal wiring, vehicle heads, pedestrian heads, controller cabinets, fiber cable, ethernet switches, wireless radios, and related communication equipment to improve safety and operations with optimized traffic signal timing coordination. Signal timing coordination will be improved along Butterfield Stage Road and Ynez Road corridors. The HSIP funding for the project is $2,441,310, with a City match of $814,590 in DIF-Traffic Signals and Measure S funds. The total project costs including the City match is $3,255,900. On July 26, 2023, the Department of Public Works publicly posted on the City's online bidding service, Planet Bids, Request for Proposal No. 275 to solicit design consultant proposals for the Project. The design consultant solicitation was publicly advertised between July 26, 2023 and August 22, 2023 and the City received four (4) proposals. City staff panel members reviewed each proponent's proposal, excluding cost proposals, which were submitted under separate file and concealed until full review was conducted. After panel review and discussion of proposals, the proponents were ranked as follows: 1. STC Traffic, Inc. 2. Willdan 3. Advantec Consulting Engineers, Inc. 4. Minagar & Associates, Inc. Subsequent to proposal review and rankings, staff reviewed the STC Traffic, Inc. cost proposal and determined the amount to be fair and equitable. Staff finalized the terms of the proposal and negotiated a not -to -exceed fee of $317,730 for engineering design services (Tasks 1-6 in the RFP 275). The remaining tasks required to complete the project will be covered under a separate agreement for Construction Support, identified as Task 7 in RFP 275. STC Traffic, Inc., is a full -service Traffic Engineering, Planning, and ITS firm with extensive experience in designing and implementing innovative and effective traffic signal communication systems. STC Traffic, Inc., has designed and provided construction support for similar projects throughout Southern California. Staff recommends the approval of the agreement with STC Traffic Inc., in the amount of $317,730, with a contingency amount of $31,773 for engineering design services. The combined total fee for the overall scope of work, including contingency is $349,503. FISCAL IMPACT: The Safety Lights and Signal Communications Upgrade- Citywide project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2024-2028. It is funded with Highway Safety Improvement Program (HSIP) funds, DIF-Traffic Signals, and Measure S. Adequate funds are available in the project account for the engineering design services agreement in the amount of $317,730, plus the $31,773 contingency, for a total encumbrance of $349,503. ATTACHMENTS: 1. Agreement 2. Project Description AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND STC TRAFFIC, INC. STREETLIGHT AND SIGNAL COMMUNICATIONS UPGRADE- CITYWIDE, PROJECT NO. PW23-13 THIS AGREEMENT is made and effective as of January 9, 2024, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and STC Traffic, Inc. a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on January 9, 2024 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2024, 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 faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all 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. 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 Three Hundred Seventeen Thousand Seven Hundred Thirty Dollars and Zero Cents ($317,730.00), 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. 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 08/09/2021 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's 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. 5. PREVAILING WAG 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://wvvw.dir.ca.Qov. Consultant shall provide a copy of prevailing wage rates to any staff or sub -Consultant hired, and shall pay the adopted prevailing wage rates as a minimum. Consultant 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, Consultant 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 subconsultant 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. 6. 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). Consultant 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. Consultant 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 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 08/09/2021 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's 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 10. INDEMNIFICATION The Consultant 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 08/09/2021 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 Consultant'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 Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 11. INSURANCE REQUIREMENTS a. 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. 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 Consultant 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 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. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 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) 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. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. 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: 08/09/2021 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; 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'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 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 the Successor Agency to 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date 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 08/09/2021 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 08/09/2021 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: STC Traffic, Inc. Attn: Jason Stack 5865 Avenida Encinas, Suite 218 Carlsbad, CA 92008 16. ASSIGNMENT The Consultant 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, Consultant'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 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. 08/09/2021 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 parry'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. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: STC TRAFFIC, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) Jason Stack, President By: Peter M. Thorson, City Attorney CONSULTANT STC Traffic, Inc. Jason Stack 5973 Avenida Encin Carlsbad, CA 92008 (760) 602-4209 STC Traffic, Inc. Suite 218 08/09/2021 EXHIBIT A Tasks to be Performed All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. Scope of Work and Approach Each scope of work item is listed with our methodology, enhancements and services that add value, and the task deliverable(s). The scope of work is organized according to the scope of services contained in the RFP with modifications and enhancements to individual scope elements to provide a productive project. Task 1: Project Management and Coordination One of the big benefits of our company's approach to project coordination is access. The City of Temecula has a direct line of communication to all our project staff from management and technical leads to junior staff. This level of access isn't always necessary but very convenient when it is. We stay true to our organization chart. You will see our key staff on the project. There is no bait or switch. We also recognize the value of coordinating with staff. You manage the corridors and existing systems and have intrinsic knowledge. We do not put a fixed limit on coordination. We are focused on project delivery, and it is to our benefit and the project's benefitto access this knowledge as much as possible. • Kickoff Meeting: Following the Notice to Proceed, STC will conduct a project kickoff meeting with City staff to discuss project approach, scope of work, schedule, invoicing, and address any questions or requests for information. An updated work plan and schedule will be provided. Key STC staff will attend the meeting including managers and technical leads. • Progress Meetings: The project duration is 7 months, and the kick-off meeting would serve as the first progress meeting. There will be three formal meetings including monthly progress meetings with City staff to develop the design of the project, resolve design issues, discuss staff comments STC Traffic, Inc. I Streetlight and Signal Communications Upgrade — Citywide 21 10 08/09/2021 Citywide Project No. PW23-13 • Streetlight and Signal Communications Upgrade on PS&E submittals, discuss progress and address any other issues. The design of the project will be developed in coordination with the City. STC will complete and circulate meeting agenda's two days in advance and meeting minutes within five working days. • Staff Availability: Rob Blough, Christian Lambarth, Brett Hansen, Alain Hungerford and key staff will meet with the City's Project Manager as necessary throughout the project to review status. Deliverable reviews will also be held during regular progress meetings or when necessary. This is considered part of regular task coordination. Meetings will be conducted via conference call and when possible or preferred STC will also meet in person. • Project Schedule: A detailed preliminary project schedule has been prepared using Microsoft Project and is included at the end of this section. Enhancements Task 1: • An accelerated schedule with PS&E and signal timing tasks in parallel and PS&E complete 7 months from NTP. Deliverable Task 1: • Meeting minutes; progress reports, schedule, and overall project management and coordination. Task 2: Utility Coordination Utility contacts will be requested from the City and record drawings will be requested for areas where new conduit, pull boxes and vaults are expected to be installed. Utility companies will also be notified of these planned facilities in the area of the project. A utility base map will be prepared showing information from these record drawings. These base maps will serve as the background and be incorporated in the detailed design. STC will work with the City to coordinate with utility companies following the first detailed design submittal to begin utility conflict checks. It is anticipated that all new facilities will be designed to avoid private utilities. Any private utilities that are impacted will require the local agency to prepare the Notice to Owner (LAPM 14-D) form and obtain acceptance and signatures from the private owner prior to submitting the right-of-way certification form to Caltrans. STC will prepare the LAPM 14-D for any utility relocations required and submit it to the City for transmittal to each affected utility company. Although the implementing agency self -certifies right-of-way clearance for state funded HSIP projects, it is important to document impacted private utilities in case of an audit by Caltrans. Deliverable Task 2: • Letter request to utility companies and notification of future facilities, utility plan base map, completed LAPM 14-D (As Needed) Task 3: Engineering Design Plans 3.1 Obtain and review all available City records and as -built plans. Inventory of the existing traffic signal and communications infrastructure is the critical first step in the PS&E process. STC has performed extensive work and research work in Temecula and has institutional knowledge of the traffic signal systems. STC will research City records and obtain all documentation relevant to the signal system. This documentation is expected to include (but is -not limited to): traffic signal as -built plans, traffic signal STC Traffic, Inc. I Streetlight and Signal Communications Upgrade — Citywide 22 Citywide Project No. PW23-13 • Streetlight and Signal Communications Upgrade P� �Q. interconnect plans and draft city-wide traffic signal master plans. Documentation will also be obtained from other departments within the city such as Information Systems that have communications infrastructure (and records). STC will pour over the documentation to glean the necessary information. Deliverable Task 3.1: • As -built documentation (as requested) 3.2 Perform Field Review. STC will conduct field reviews to verify existing field conditions, traffic signal equipment, above ground utilities, wireless line of sight, communications infrastructure (signal poles and assemblies, vehicle signal heads, pedestrian signal heads/push-buttons, pull -boxes, proofing of conduit to confirm routes and contents, cables, street name signs, controller cabinet/controller type, detection, intersection safety lighting/street lighting), and any special conditions that might create conflicts or change orders during construction. STC will enhance record information with field reviews of each traffic signal except for locations where only safety lighting is being improved. As a cost savings measure for the City, safety lighting replacement only locations will be designed using as -built information, City input, and on-line mapping resources. Any safety lighting location with insufficient information will be reviewed in the field. The data gathered from the field review will be recorded and organized onto a project ShareFile and permanently available to the City for ongoing records keeping. Accurate office records of field traffic signal system conditions and operations is critical for effective management and maintenance. As -built records will be marked up in the field and conditions will be recorded with pictures. The field documentation will also be utilized for PS&E development. Importantly, people performing this task must have a detailed understanding of traffic and communication systems to properly evaluate and identify and inventory equipment and conditions. Our staff are former public works electricians and IMSA certified technicians and are qualified in all aspects of traffic signal systems. Deliverable Task 3.2: • Field notes and photos (as requested) • Existing traffic signal infrastructure, communications, and cabinet field review inventory (60 intersection locations) 3.3 Prepare Basis of Design. STC process properly starts with a concept for the system that ties directly to this ultimate use and is why we prepare a Project Basis of Design which serves as a critical reference that documents our rationale, criteria, principals, assumptions, and constraints. The basis document reduces risks of unknowns and ensures that our concept has been vetted, is understood, and has the answers to progress to the detailed design phase with the confidence of the City and design team. STC will prepare a Basis of Design summarizing all field work findings in a technical memo which includes but is not limited to wireless line of sight surveys, existing conduit deficiency, deficient and non-standard signal equipment, utility conflicts, and any issues that will affect the design. Preliminary costs will be presented to the City for the anticipated improvements and will be compared with the available HSIP funding. Deliverable Task 3.3: • Basis of Design Technical Memo STC Traffic, Inc. I Streetlight and Signal Communications Upgrade — Citywide 23 Citywide Project No. PW23-13 • Streetlight and Signal Communications Upgrade �T4ti� P� 3.4 Prepare Design Plans. STC will prepare detailed design plans at 1"=40' scale for installation of traffic signal and communications equipment, fiber optic cable, interconnect conduit and wireless radio equipment. The base plans, where the excavation or boring of conduit is being proposed, will indicate roadway width, right-of-way, centerline, utility information, sidewalks, driveways, landscaping and any other topographic features. As -built traffic signal plans will be used and redlined for signal rewiring and ATC cabinet replacements. Tables will be prepared for upgrading vehicle/ped heads and LED lighting. Plans will be produced on City standard title block and follow City, CAMUTCD, and Caltrans standard plan and specifications. The plans shall depict new and existing affected infrastructure, construction details, and detailed fiber splice diagrams. The following are assumed for plan development: • When new conduit is required, the plans will show the proposed location of all new conduit, pull boxes and vaults. In these areas, any existing utilities found through record drawing research or during field review will be shown on the plans. • Where new fiber cable is installed in the existing conduit, the plans will show each project intersection with a match line to the adjacent intersections. The plans will note the approximate distance of conduit between intersections and the number of pull boxes. If any existing pull boxes and conduit sweeps need to be replaced this will be noted as well. • Where wireless radios are needed, each intersection will be shown along with the wireless radio installation location and conduit paths requiring new cable. If repeaters are required the plans will be expanded to show those locations. It is anticipated 6 wireless locations will be shown per plan sheet. • Detailed splice diagrams will be shown for fiber connections with up to 6 intersections per sheet. • Tables will be provided showing quantities and intersection locations for LED safety light replacement and vehicle/ped head replacement. • As -built traffic signal plans will be relined for signal rewiring and ATC cabinet replacements and will include pertinent information for contractor to complete the work. The detailed design plan set is anticipated to have the following sheets: 1-Title Sheet, 1-Detail Sheet, 2-Keymap Tables, 21-(1"=20') Scale Markups, 1-Network Architecture, 6-(1"=40') Scale Traffic Signal Improvements, 2-(1"=40') Scale Wireless, 15-(1"=40') Scale Fiber, and 6-Splice Diagrams. In the interest of schedule and budget, the first detailed design plan submittal (65%) will contain full detail for each plan and detail sheet but will not include splice diagrams. All subsequent submittals (95%, 100%) will contain all the details necessary for bid. Deliverable Task 3.4: • Detailed design plans as listed above (65%, 95% & 100%) for the following locations: o 20 intersections new fiber and conduit; 21 intersections new signal wiring; 6 intersections new ATC Cabinet; 11 intersections new wireless radio; 25 intersections new backplates or vehicle/ped heads shown in a table; 119 intersections with 463 new LED safety lights shown in a table • Project bid package and special provisions for traffic signal and communications implementation (65%, 95%, & 100%). • Engineers estimate (65%, 95%, 100%). • One "D" size Mylar Set, electronic PDF copy and electronic CADD files. STC Traffic, Inc. I Streetlight and Signal Communications Upgrade — Citywide 24 Citywide Project No. PW23-13 • Streetlight and Signal Communications Upgrade P� Task 4: Specifications and Estimate STC will prepare project technical specifications and estimates with the goal of maximizing the available PS&E and construction funding. The following elements of work are expected to deliverthe PS&E package: 4.1 Prepare Specifications. STC will prepare the project bid package for the traffic signal equipment procurement and construction phase of the project. The City will provide a copy of its latest General Conditions and General Provisions to use as a template. STC will modify this template as necessary and include any necessary attachments/exhibits per Caltrans Local Assistance Manual requirements. The City may desire to bid portions of the project in separate packages to increase efficiency and potentially reduce bid pricing. If this approach is selected it is anticipated the retroreflective backplate improvements for each signalized city traffic signal will be bid separate from the other project improvements. The approach to breaking this work out while limiting cost to the city will be to include a map of the City showing each project location with an intersection number along with a table summarizing the improvements at each location. The intersection numbers will be traceable between the map and the summary table. Quantities provided in the grant will be field verified during field work and included in the bid package. Deliverable Task 4. • Detailed specifications (95% & 100% submittal). 4.2 Prepare Engineer's Estimate: STC will generate a project bid list with anticipated costs and quantify all improvements in a detailed engineers estimate. The detailed engineers estimate will serve as quantity and unit price validation for the bid list items. The cost estimate will be submitted to the City for review at the 65%, 95%, and 100% design levels. Deliverable Task 4.2: • Engineer's Estimate (65%, 95% & 100% submittal). Task 5: Request for Authorization (RFA) to Proceed with Construction STC will prepare all necessary documents required for the Funding Allocation Request to proceed with construction (CON) in compliance with LAPM state funded HISP project implementation procedures. The following documents are anticipated to be included with the funding allocation request package for construction: • Request for Funding Allocation Form; State -only Finance Letter for Construction; Detailed Engineer's Cost Estimate for Construction items; HSIP approved project list printout STC understands that no right-of-way acquisition is anticipated for this project. STC will provide the City with a copy of the completed funding allocation package for input and will address any comments. Upon City review and approval, STC will submit the funding allocation package for Caltrans review and will resubmit it until approvals are obtained. Deliverable Task 5: • RFA Form; State -only Finance Letter for Construction; Detailed Engineer's Cost Estimate for Construction Items; Printout from List of Selected HSIP Projects Highlighting City's Project STC Traffic, Inc. I Streetlight and Signal Communications Upgrade — Citywide 25 Citywide Project No. PW23-13 • Streetlight and Signal Communications Upgrade P� Task 6: Traffic Signal Coordination Timing Plans 6.1 Traffic Data Review and Pre -Evaluation of Existing Conditions. The traffic data review will commence immediately following NTP including field reconnaissance, geometric conditions, current signal timing, and traffic collisions. STC will evaluate the (18) intersections along Ynez Road between Date Street and Santiago Road as well as the corridor conditions in the field to ensure we have a detailed and accurate view of operations. Corridor and intersection documentation summarized including collisions related to signal timing from the City's LRSP. Signal timing will be reviewed CA MUTCD standards and compliance. Traffic turning movement count data will be provided to STC by the City. It is anticipated that the City will provide AM, Mid -day, PM, and weekend peak hour counts and these will be used to develop coordination plans for those specific time periods. Travel time runs will be conducted before any modifications to timing are made. STC will utilize GPS location and time stamped travel time analysis software. The runs will also be video recorded from the driver's perspective with a dash cam. This same process for travel time runs will be repeated following the new coordination timing implementation for pre -project comparisons. Baseline timing will be prepared that accounts for compliance and industry practice review. These will be documented on calculation spreadsheets for each intersection noting measurements and formulas. Impacts of the revised baseline timing on existing coordination plans will be summarized and reviewed with City staff. These include clearance times, lead pedestrian intervals, minimum times, and other similar timing values. It is especially important to consider the impacts of the times on the project corridor cycle lengths and the east -west crossing arterial coordination cycle lengths. The goal will be to preserve crossing arterial coordination. A report will be prepared that summarizes the traffic volume data collection, travel time runs, collision data, standard compliance, operational observations, impacts, and strategies to mitigate baseline timing changes on the project corridor and crossing arterials. Deliverable Task 6.1: • Report, GPS and Video Recorded Travel Runs 6.2 Synchro Model Development. STC will perform the Synchro model development and analysis. The Synchro microsimulation model will be developed on version 12, which is the latest and can be saved with backwards compatibility to version 11 or 10. One of the benefits of version 12 is more advanced simulation. This will be useful for complex areas of the corridors including the closely spaced grouping of intersections near the heavily traveled Ynez Road/Winchester Road and Ynez Road/Rancho California Road intersections. Preparation of the existing conditions model will commence with NTP in parallel with data collection for the baseline conditions report. Our approach to Synchro is to calibrate the model as accurately as possible to match conditions on the street. These include basic parameters like the prevalent travel speed along the corridor rather than the posted speed, turning movement conditions like sneak -by right turns and turn pocket queues, and vehicle mix and pedestrian demand. These also include the more intricate parameters like signal timing and differences in parameters and functions in control software and how these relate to calibrating Synchro. Deliverable Task 6.2: Fully coded electronic synchro file; Technical memo summarizing global settings, timing values, and proposed signal groupings based on coordination factors STC Traffic, Inc. I Streetlight and Signal Communications Upgrade — Citywide 26 �'Citywide Project No. PW23-13 • Streetlight and Signal Communications Upgrade Lr U P4 6.3 Traffic Signal Timing Optimization. Our engineers are trained to operate Synchro and not let the program operate itself. The program provides buttons that will "optimize" an intersection or network with one click. This is part of the convenience of the application but also a potential trap. There is no single click optimization. Too often engineers rely too heavily on the program, take it for granted, and run with results that are not properly critiqued. Optimizing the model is an iterative process that requires discretion, review, adjustment, and rerun. We continue to use our field observations and data collection to guide decisions. For instance, are the travel patterns unidirectional, bidirectional, or weighted towards one or another and where's the best location to start the "band" according to the time space diagram. Our approach is to run the application until we've "beat" it several times and have the best results backed up with reason and recorded in the tracking matrix. Deliverable Task 6.3: Fully coded electronic synchro files for optimized model including a summary of performance metrics by intersection and corridor; Preliminary Coordination Timing Plans Task 7: Construction Support Services 7.1 Construction Engineering Support. STC will perform construction engineering services during the construction phase of the project. This includes bid assistance (response to questions and bid review), material submittal reviews, response to request for information and clarification (RFI's and RFC's), equipment configuration support, system integration support, technical installation support, attend construction meetings, and record as -built drawings. Deliverable Task 7.1: • Project Record As-builts 7.2 Coordination Implementation and Report. Developed signal coordination plans will be bench tested and provided to City for review prior to field implementation. STC will implement coordination plans, observe operations, and perform field adjustments as necessary. Implementation is where the rubber hits the road so to speak. When we implement the timing we have staff at the ATMS (either remote or on site) updating and downloading databases, while staff on the street are observing and confirming operations and ready to deal with issues and/or fine tune plans. This is a coordinated effort. Staff are armed with computers with the appropriate programs to perform onsite analysis and make changes and record and track changes. Paper and electronic (USB) copies of the timing databases are provided in the controller cabinet. We excel at implementation. Our staff are trained to understand the traffic conditions, intersection, and corridor characteristics, relate this to operations, and the hardware and software. We observe and note phasing, detection, and geometric relation to timing. STC shall perform before and after performance analysis for Ynez Road. STC will perform travel runs to measure corridor travel time, speed, delay, and number of stops. The before and after travel conditions will be compared to determine synchronization benefits and results will be provided in final report. Deliverable Task 7.2: • Final Synchro network with post implementation timing values; final report on before/after study. STC Traffic, Inc. I Streetlight and Signal Communications Upgrade — Citywide 27 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 $317,730.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement. 11 08/09/2021 a CC Le io im STATE OF CALIFORNIA s\ Office of the Secretary of State ;w m` STATEMENT OF INFORMATION o; CORPORATION California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 653-3516 Entity Details Corporation Name STC TRAFFIC, INC. Entity No. 2599032 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address Mailing Address of Corporation Mailing Address Attention Street Address of California Office of Corporation Street Address of California Office Officers For Office Use Only -FILED - File No.: BA20231333179 Date Filed: 8/25/2023 5973 AVENIDA ENCINAS, SUITE #218 CARLSBAD, CA 92008 5973 AVENIDA ENCINAS, SUITE #218 CARLSBAD, CA 92008 5973 AVENIDA ENCINAS, SUITE #218 CARLSBAD, CA 92008 Officer Name Officer Address Position(s) 0 JASON STACK 5973 AVENIDA ENCINAS, SUITE #218 CARLSBAD, CA 92008 Chief Executive Officer, Chief Financial Officer, Secretary Additional Officers Officer Name Officer Address Position Stated Position None Entered Directors Director Name Director Address 0 Jason Stack 5973 AVENIDA ENCINAS SUITE 218 CARLSBAD, CA 92008 The number of vacancies on Board of Directors is: 0 Agent for Service of Process Agent Name Agent Address JASON STACK 141 SANFORD STREET ENCINITAS, CA 92024 Type of Business Type of Business TRAFFIC ENGINEERING AND TRANSPORTATION Email Notifications Opt -in Email Notifications Yes, I opt -in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. Page 1 of 2 Electronic Signature ® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Jason Stack 0812512023 Signature Date m N O N I N 0 N CTi N O N W CO (D O fi (D crt 0) fi O W crt pi crt (D Page 2 of 2 City of Temecula Fiscal Years 2024-28 Capital Improvement Program TRAFFIC SIGNAL - SAFETY LIGHTS AND SIGNAL COMMUNICATIONS UPGRADE- CITYWIDE Infrastructure Project Project Description: This project will upgrade all traffic signals safety lights to LED and install communication system upgrades to42 signals citywide. Upgraded traffic signal improvements include LED street lights, signal wiring, vehicle heads, controller cabinets, fiber cable, ethernet switches, wireless radios, and related communication equipment to improve safety and operations with optimized traffic signal timing coordination. Signal timing coordination will be improved along the Butterfield Stage Road and Ynez Road corridors. Benefit: This project will upgrade the City's traffic signal safety lights to LED, Sustainable and Resilient City, and upgrade traffic signal communication system equipment to improve mobility and connectivity. Core Value: Transportation Mobility and Connectivity Project Status: This is a new project. Department: Public Works - Account No. 210.265.999.5800.PW23-13 Level: I Project Cost: Prior Years Actuals 2023-24 2022-23 Adopted 2024-25 2025-26 2026-27 2027-28 Adjusted Budget Projected Projected Projected Projected Total Project Cost 5801-Administration 50,000 50,000 5804-Construction 2,775,900 2,775,900 5805-Construction Engineering 225,000 225,000 5802-Design & Environmental 205,000 205,000 Total Expenditures 255,000 3,000,900 3,255,900 Source of Funds: 4243-DIF-Traffic Signals 50,000 544,590 594,590 4477-HSIP-Highway Safety 205,000 2,236,310 2,441,310 Improvement Program 4002-Measure S 220,000 220,000 Total Funding 255,000 3,000,900 - - 3,255,900 Future Operating & Maintenance Costs: Total Operating Costs I I I Notes : 1. Highway Safety Improvement Program - Cyclell awarded on March 9, 2023. 2. City Match is $764,590 based on the HSIP application and grant. Additional appropriated local funds are for administration 158 Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works/City Engineer DATE: January 9, 2024 SUBJECT: Approve Consultant Agreement with International Cybernetics Company, LP dba IMS Infrastructure Management Services, for the Pavement Management Program Update, PW23-09 PREPARED BY: Avlin Odviar, Principal Civil Engineer Samantha Preciado, Assistant Engineer II RECOMMENDATION: That the City Council: 1. Approve consultant agreement with International Cybernetics Company, LP dba IMS Infrastructure Management Services, in the amount of $99,980, for the Pavement Management Program Update, PW23-09; and 2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $9,998, which is equal to 10% of the agreement amount. BACKGROUND: The Pavement Management Program (PMP) Update will collect data using Laser Crack Measurement System (LCMS-2) 3D pavement imaging technology. Data and imagery collected from the survey, of all paved public roadways within the City, will be loaded into the City's pavement management program software, Lucity. The pavement condition survey will assist IMS to deliver Pavement Condition Index (PCI) rating and supporting data (inventory, distress, rutting, and roughness information) for each roadway section. The condition results will assist IMS and the City to determine a multi -year pavement management plan for maintenance priorities. On September 26, 2022, the City issued a Request for Proposal (RFP No. 276) inviting qualified consulting firms to submit a proposal to provide consultant services for the Project. By the filing deadline of October 25, 2023, staff received three (3) proposals. The list included the following firms: 1. IMS Infrastructure Management Services Tempe, Arizona 2. MDS Technologies, Inc Park Ridge, California 3. GoodRoads, Inc Charlotte, North Carolina The firms were ranked as shown above. Based on their submitted proposal, staff determined that International Cybernetics Company, LP dba IMS Infrastructure Management Services (IMS) was the most qualified consultant. IMS has successfully performed similar projects for various public agencies including the City of Temecula. Staff has negotiated a scope of work and an equitable fee with IMS for their Consultant Services. FISCAL IMPACT: The Pavement Management Program Update, PW23-09, is included in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2024-2028. The funding sources include Measure S and Road and Repair Accountability Act (RMRA). Adequate funds are available, in the project account, to cover the proposed $99,980 for consultant services plus $9,998 contingency, for a total encumbrance of $109,978. ATTACHMENTS: 1. Agreement 2. Project CIP Budget Sheet AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND INTERNATIONAL CYBERNETICS COMPANY, LP dba IMS INFRASTRUCTURE MANAGEMENT SERVICES PAVEMENT MANAGEMENT PROGRAM UPDATE PROJECT NO. PW23-09 THIS AGREEMENT is made and effective as of January 9, 2024, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and International Cybernetics Company, LP dba IMS Infrastructure Management Services a LP (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 9, 2024 and shall remain and continue in effect until tasks described herein are completed, 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 faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all 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. The 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 http://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 Ninety - Nine Thousand Nine Hundred Eighty Dollars and Zero Cents ($99,980.00) for the total term of 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. 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, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their 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 10.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 10.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. Minimum Scope of Insurance. Coverage shall be at least as broad as: i. Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 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. iii. 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: Two Million ($2,000,000) 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. 4. Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. 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 -:VI I 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 RESPONSIBILITIE 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: International Cybernetics Company, LP dba IMS Infrastructure Management Services Attn: Michael Nieminen, CEO 10630 7511 Street North Largo, FL 33777 16. ASSIGNMENT The Consultant 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, 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. 9011MED! a IIN=F-,TCI0=14ky,I= I,IN 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 By: -James Stewaft-,-M yogi ATTEST: By: RANDI JOHL, CITY CLERK APPROVED AS TO FORM: International Cybernetics Company, LP dba IMS Infrastructure Management Services (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By. -N-A - -- - Michael Nieminen, CEO By: ----A -- John Till, Controller By: Peter M. Thorson, City Attorney Consultant International Cybernetics Company, LP dba IMS Infrastructure Management Services Michael Nieminen, CEO 10630 7511 Street North, Largo FL 33777 (480) 462 - 4030 mnieminen(@Internationaicvbernetics.com 9 EXH I BIT A TASKS TO BE PERFORMED AND SCHEDULE The specific elements (scope of work) of this service include: 10 EXHIBIT `A' : Scope, Imm Infrastructure Management Services Fees & SInfrastructure^hedul IMS Management Services 4 8380 S Kyrene Rd. Ste. 101, Tempe, AZ 85284 Phone: (480) 839-4347 Fax: (480) 839-4348 www.imsanslysis.com To: Samantha Preciado, Assistant Engineer II Date: November 27, 2023 From: Jim Tourek, Client Services Manager Project: Temecula, CA Subject: 2022-24 Pavement Data Collection/ Mgt. Project No: PW23-09 Thank you for taking the time to review the pavement data collection services offered by IMS Infrastructure Management Services. The City of Temecula maintains approximately 760 centerline miles of paved roads. For the 2023 project, we are proposing to capture all arterial classified roads with 2-pass testing and locals with a single pass for a project total of 998 test miles. The pavement condition and final analysis will be loaded into the Lucity software. Additionally, one -forward view images will be delivered in the Excel analysis spreadsheet (no Lucity sync) via hyperlinks — fee includes IMS hosting the images. Planned 2023-24 Project Base Scope Fees: DETAILED PROJECT SCOPE: Task Description Activities Deliverables Base Service Items and Activities — Project Initiation 1. Project Initiation Conduct kick-off meeting confirming scope, extent and Technical memo detailing content of surveys, set milestones and deliverables. scope of work, budget and • Confirm key contacts, roles and responsibilities and project deliverables. documentation. • Identify location of key data elements such as traffic data, GIS, existing roadway inventories, historical data, and pavement management data. ■ Identify deficient data and the means to obtain it. ■ Provide data QA plan to the City. ■ Confirm phases of the work and invoicing methodology. 2. Network Referencing, Include street number & block order in referencing. Survey maps and inventory Update & GIS Linkage Obtain roadway attributes from GIS for functional class, for use on the project. traffic, width, length, pavement type, curb type, etc. Inventory spreadsheet • Create survey maps for use by the LCMS-2 and monitor containing all assigned GIS production. ID's • Using the City's GIS centerline topology, develop a network roadway inventory suitable for use in the City's Pavement Management system. • Link each segment to its parent GIS section. • Obtain roadway attributes from GIS for functional class, traffic, width, length, pavement type, curb type, etc. • Develop exceptions report for lengths that do not match GIS. 3. Network Inventory Checks Complete a review of the aerial photography of the City to Programmed survey maps & Survey Map Development confirm network integrity. and inventory for use on the project. IMS Infrastructure Management Services IMS Scope -of -Work Rev] 2023 Temecula page I Temecula, WA Pavement Management Services DETAILED PROJECT SCOPE: Task Description Activities Base Service Items and Activities — Field Surveys runs �....., ,�. ,. �. ,,�..� �...,., Deliverables 4. LCMS-2 Mobilization/ • Mobilize surface distress, roughness, and rutting testing Equipment calibration results Calibration equipment to project. • Calibrate equipment. 5. LCMS-2 Field Data • Collect ASTM D-6433 distresses and attributes delivered in Complete two passes on Collection (Pavement block -to -block segmentation basis, IMS will survey arterials and 1-pass on locals for 5a approximately 382 centerline miles with 2-pass testing of an approximated 458 test miles. Condition) pp y p g pp arterials and 1-pass of locals for a survey total of an estimated 458 test miles. Expansion of distresses to include longitudinal, transverse, alligator, and block cracking, raveling, bleeding, patches/potholes, rutting, roughness, and distortions. ■ Laser based LCMS-2 will incorporate the use of lasers and rate gyroscopes, digital images, touch screen event board, and GPS acquisition. ■ Dual wheel path testing collecting International Roughness Index (IRI) data at no additional charge. 5. Annual Fee: Downward • Annual Fee: Downward Images in Inform Continuous Intervals Delivering Inform software with Images in Inform (Web Based; No Crack Display) image viewer— includes hosting Continuous Intervals . Annual Hosting fee — 111 year is included for no charge fee. Both for 1-year at no charge. (Web Based; No Crack Display) & Annual host Base Service Items and Activities — Data Management 7. Pavement Condition For each data stream (surface distress, roughness, GPS, Excel spreadsheet of the 100-foot, 7a Data QA/QC, deflection), aggregate and process the data at 100-foot sectional data, and index values Processing & intervals. containing all assigned GIS ID's. Formatting Develop individual index scores for surface distress and Shapefiles of the condition data at thf roughness as appropriate. 100 foot and segment levels. • Develop structural index for each roadway segment, • Develop a pavement condition score for each section. • Process the same data to the segment level. ■ Develop exceptions report: lengths not matching GIS. ■ Complete QA of data. 8. Update Lucity • Update Lucity Operating Parameters (aka, Decision Trees) IMS PM will work with city staff to Operating • It will be programmed to develop a multi -year maintenance and Update Lucity Operating Parameters Parameters (aka. rehabilitation plan using "cost of deferral". (aka. Decision Trees) Decision Trees) • It will also have referenced deterioration curves for each functional classification, pavement type, and even pavement strength rating, 9, Lucity Pavement Following the field surveys and data processing, complete the City can use Lucity to generate Analysis, & Budget following analysis in the Easy Street spreadsheet: differing budget scenarios. Shapefile: Development • Present status and PCI report: Excel c/w PC] charts. & KML file of the processed data alon, • Fix all needs analysis and budget. with Cost Benefit Analysis . • Budget driven analysis ($/year estimate). • Level of service analysis ($ to hit set target). • Funding necessary on an annual basis to ensure an average overall pavement condition of 70, 75, or 80. IMS Infrastructure Management Services IMS Scope -of -Work Revl 2023 Temecula page 2 Temecula, WA Pavement Management Services 10, Pavement Condition Assemble data from the IMS Client Review Spreadsheet Databases of ready to load Lucity Data Load & (CRS) for loading to the Lucity software spreadsheet by IMS. information; configured to the GIS Integration Format & prep Lucity database for analysis runs. agency's requirements. 11. IMS Draft written Assemble report for review & comment prior to final. Delivery of draft report as outlined. report. 12. IMS Final written Assemble any agency comments, making necessary Final report &shape files — both hard report. revisions, then report for finalizing and send report. copies (2) and electronic format. 13. City Council Assemble any agency comments, making necessary revisions, Final report &shape files — both hard Presentation — Virtual then report for finalizing and send report. copies (2) and electronic format. w/Onsite Add 14. Collect and Deliver • Process views (up to 4) of LCMS-2 video into 20' intervals. 1-view of center front imagery at 15' 14a Digital Images (20' • Link images to the City's existing GIS centerline. intervals. Deliver w/GPS at least Intervals) & IMS • Provide viewing tool for a virtual drive experience. coordinate data.& IMS hosting of Images hosting • IMS hosting of Images Planned 2023-24 Proiect Schedule: IMS Proposed Schedule for Temecula, CA: 6-Month Duration Assumes an NTP is issued, preliminary work commences early -January 2024 DurationTask Description • Estimate Completion 1 Council Approval, Executed Agreement & NTP to be Issued 2 weeks January 2024 2 -GIS Acquisition, Re -segmentation, and Validation 2 weeks January 2024 3 Review Map Iterations and Approval 2 weeks February 2024 4 Kick-off Meeting (Virtual) 1 day February 2024 5 RST LCMS-2 Pavement Network Survey (458 test miles) 2 weeks Mid -February 2024 6 QC/QA Program for Collected Data 8 weeks March -April 2024 7 Deliver Network Condition Data/Analysis software set-up 1 week Early -May 2024 8 Pavement Condition Data Format for Load to Lucity 1 week May 2024 9 Lucity Analysis & Draft Report 3 weeks Early -June 2024 10 Final Project Deliverables & Load to City's Lucity 2 weeks Late -June 2024 Adds I Imagery deliverables & Council Meeting 4 months By Late -June 2024 Thank you for considering IMS as a viable solution to your pavement management needs and we will strive to remain an asset and extension of the City of Temecula's staff and team. If any questions arise, please do not hesitate to contact me at (480) 462-4030 or'tourek imsanal sis.com. Regards, IMS Infrastructure Management Services, LP Jim Tourek West Region Client Services Manager IMS Infrastructure Management Services IMS Scope -of -Work Rev] 2023_Temecula page 3 EXHIBIT B PAYMENT RATES IMS Quotation for Professional Services Imm an ICC Company IMS Infrastructure Management Services, LP 1750 S. Los Feliz Dr., # 111, Tempe, AZ 85281 Phone: (480) 839-4347 Fax: (480) 839-4348 www.irnsanslysis.com To: Samantha Preciado, Assistant Engineer II Date: November 27, 2023 From: Jim Tourek, Client Services Manager Project: City of Temecula, CA Subject: 2023-24 Pavement Management Services Project No: PW23-09 Thank you for requesting a quote for pavement management services. IMS is proposing the following. Temecula, CA: FY24 Base Scope of Services 2023 IMS Pavement Management Program Update Task Activity Quant Units Unit Rate Total Project Initiation 1 Project Initiation 1 LS $3,000.00 $3,000.00 2 Network Referencing & GIS Linkage 382 CL $5.00 $1,910.00 3 Network Inventory Checks & Survey Map Development 382 CL $3,00 $1,146.00 Field Surveys 4 RST Mobilization/Calibration 1 LS $3,000.00 $3,000,00 5 RST Field Data Collection (1-passArterialsBCollectors; 1-pass Locals& Alleys) 382 CL $95.00 $36.290.00 13 a, LCMS-2 RST Automated Field Data Collection (Add end passAll Arterials Streets) 76 per T-MI $155.00 $11,780.00 6 Annual Fee: Downward Images in Inform Continuous Intervals (wee Based; No Crack Display) Included in Base Activities (Yr. 1) a. Data Fee for Hosling Included in Base Activities(Yr. 1) Data Management 7 Data QA/QC, Processing, Format, & Supply (Excel; File Geodatabaw; KML) 382 CL $20-00 $7,640.00 8 Update Lucity Operating Parameters (aka, Decision Trees) 1 LS $4,750,00 $4,750.00 9 Lucity 5-Year Pavement Analysis & Budget Development 1 LS $5,500-00 $5,500-00 10 Pavement Data Load - Lucity 1 LS $4,375.00 $4,375,00 a. Subconsultant to Take Approved Pavement Data & Load to City Servers 1 LS $2,500.00 $2,500.00 11 Standard IMS Draft Written Report 1 LS $2,500.00 $2,500,00 a, Standard IMS Final Written Report 1 LS $500,00 $500,00 12 Project Management 1 LS $2,884,00 $2,884-00 13 City Council Presentation - Virtual 1 EA $3,500,00 $3,500.00 a. Add for an Onsite City Council Presentation 1 EA $2,000.00 $2,000.00 14 Collection/Delivery of Digital Images @ 20' Intervals (1-view) 458 T-MI $10.00 $4,580M a. Add for Hyperlink in Excel Spreadsheet 1 EA $2.125,00 $2.125.00 PMP Project Total: $99,980.00 Temecula, CA: IMSAdditional Optional Services 2023 IMS Pavement Management Program Update Value -Added Service Activities: 15 Annual Fee: Downward Images in Inform Continuous Intervals Year 2+ 1 LS/YR $4,000,00 $4,000.00 a, Data Fee for Hosting (web Based; No Crack Display) Year 2+ 458 T-Mi/YR $2,00 9$ 16.00 Annual add: $4.916,00 Thank you for considering IMS as a viable solution to your pavement management and we will strive to remain an asset and extension of the Temecula staff and team. If there are any questions, comments, or concerns please do not hesitate to reach out via my office number at (480) 462-4030 or email via 'tourek@imsanalysis.com. IMS Infrastructure Management Services, LP Jim Tourek, Client Services Manager Page 2 has the hourly rates — RFP response. IMS Infrastructure Management Services IMS PMP Rev2 Quote - Temecula (2023-24) page 1 IMS Quotation for Professional Services Im an ICC Company IMS Infrastructure Management Services, LP 1750 S. Los Feliz Dr., # 111, Tempe, AZ 85281 Phone: (480) 839-4347 Fax: (480) 839-4348 www.imsanalysis.corn lelol o 0 > > > U Q Q G ales lion O O o 0 o N voi o o m o 0 n O N °= <J e;lun ������a ��w...����� FL .pl3uenp m cmi ry .- .- .- le]o14"I 0 V o _ N • ' t0 m m m N a Ielol smuOdxa • N N v , • • 1 • 1 sasuadx3 gnaauen—ipl N N < a6eal!W N � sa6�eyp 6pep 1STl � '� sleay;+IaloH o Riled mwo Plaid N m ry lu%jnsuoogn$ m iv n m N N JOge1IMj N m N V tNV uiwpv ysi6olouyoat a r m v v iy m o' y ry N C ;a!yD ma�a 'yoal '6u3 m m r a ry w •�g •gyp ls/lleuy elep '•6u3 a;eipauua;uj �n m jaaul6u3 •js 'ledl-uud T OI ❑ WY o N U � J N % Y = u � Q 13 EE v Q g p a II Q y u Y N V N E- ~ tA a a = a 0 E v c d E _ E _ n `"E ago N yid a�=_ bra may ILL a V C m v w E E U S _ E d� o U —" 3 n m@ c c �'° N r .r 0 o R E E m ii Eo LL Q v E v v 01 o 3 2 r a >. v M a` a` Z z v ¢` ,d a rn v a` 'U U W r N fp N v, v �n m r m m � ; 0 0 0 0 0 0 ro 9 o N N m f0 E ° o m 0 d € Z' O m y ci � L Q C E � C 3 a E $ d U i d A m a m '= o U N F N IMS Infrastructure Management Services IMS PMP Rev2 Quote - Temecula (2023-24) page 2 Ak The Heart of Southern California Wine Country PAVEMENT MANAGEMENT PROGRAM UPDATE Infrastructure Project Project Description: This project consists of evaluating the conditions of all public roadways within the City (approximately310 miles) evaluating and upgrading the City's existing Pavement Management Program software, and providing capital improvement planning for a five-year Capital Improvement Program (CIP) budget. Benefit: This project will provide the City with a roadmap for maintaining its roadways. Core Value: A Safe and Prepared Community Project Status: This is a new project. Department: Public Works - Account No. 210.265.999.5800.PW23-09 Level: I City of Temecula Fiscal Years 2024-28 Capital Improvement Program Aft n he Heart of Southern CalifOrnia Wine Country 2023-24 Prior Years 2022-23 Adopted 2024-25 2025-26 2026-27 2027-28 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost 5801-Administration 75,000 75,000 5802-Design & Environmental 300,000 300,000 Total Expenditures 375,000 375,000 Source of Funds: 4002-Measure S 4102-RM RA 85,020 289,980 85,020 289,980 Total Funding 375,000 375,000 Future Operating & Maintenance Costs: Total Operating Costs Notes : 1. Road and Repair Accountability Act (RMRA) 143 Item No. 14 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 9, 2024 SUBJECT: Approve First Amendment to Utility Agreement with Southern California Edison Company for the I-15/French Valley Parkway Improvements — Phase II Project, PW16-01 PREPARED BY: Amer Attar, Engineering Manager Avlin R. Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council approve the first amendment to the utility agreement with Southern California Edison Company to amend the total estimated cost to $1,714,000 for relocation of utilities necessary for the I-15/French Valley Parkway Improvements — Phase II project, PW16-01. BACKGROUND: On December 14, 2021, the City Council approved the Utility Agreement with Southern California Edison Company (SCE) for the relocation of existing overhead power lines necessitated by the I-15/French Valley Parkway Improvements — Phase II project (Project). The agreement established cost liability at 100% City with an estimated cost of $972,540.00. In October 2022, SCE performed all work necessary to successfully complete the facility relocation including removal and installation of transition poles, removal of wooden H-poles, installation of 100 foot tall Tubular Steel Poles (TSP), conducting a scheduled power outage, performing traffic control for detours and freeway closures with the California Highway Patrol and Caltrans, installation of high voltage conductors for two distribution circuits, re -energizing both circuits, and obtaining all required permitting. Some of this work was performed twice due to late cancellation of work originally scheduled for September 2022, as SCE and CHP crews were diverted to address the emergency priority presented by the Fairview Fire. In October 2023, SCE completed its accounting of full relocation costs and is requesting an amendment to the agreement to cover the actual relocation cost. FISCAL IMPACT: The I-15/French Valley Parkway Improvements — Phase II project is identified in the City's Capital Improvement Program (CIP) Budget Fiscal Years 2024-28 and funded by several sources. The agreement is supported by Surface Transportation Improvement Program (STIP) funds, which would be utilized to cover the additional cost of $741,460.00 associated with this First Amendment. There are sufficient funds in the project account to cover the additional cost. ATTACHMENTS: 1. SCE Request for Amendment dated October 12, 2023 2. First Amendment to Utility Agreement No. 43272_SCE 3. CIP Project Sheets SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL- Company October 12, 2023 Avlin Odviar C/O Aaron Adams City of Temecula 41000 Main Street Temecula, CA 92590 SUBJECT: Request for Amended Utility Agreement Relocation of SCE Distribution Facilities Cynthia Wagner Project Manager Transmission Project Management SCE Project ID #:2049 Agency's E.A. Number: INFRALUL-5459(031) Project Location: I-1 5 North from Winchester Road to I-21 5 junction, Cities of Murrieta and Temecula SCE is requesting an Amended Utility Agreement for Utility Agreement #43272-SCE for the following reasons and amounts: Due to the Right -of -Way Certification date and the requirement to have a cost estimate/cost liability provided ahead of Final Engineering and Design, the following costs were not included in the original Cost Liability Letter dated October 19, 2021 : a. 2 - 100' Tubular Steel Poles (TSPs) b. Distribution Electrical Contractor Costs to perform the work. c. Environmental Impacts including the requirement for Biological Surveys for both civil and electrical work. d. Permitting requirements including CHP costs for full freeway closure (4 CHP Units), site specific traffic control plans including extensive detour plans across 2 cities e. Traffic Control Contractor costs including message boards and labor costs for full freeway closure and street side lane closures. f. 175 Ton Crane costs to set (2) Tubular Steel Poles 2. Field Change Order for Shoo -fly to keep existing Caltrans and Billboard Meters energized. Please note that this project is being billed on an Actual Cost Basis. The Final Bill will contain an Itemized Statement of Costs. Final Billing cannot be completed until a fully executed Amended Utility Agreement has been received. Distribution: TD1642508 Total Costs: $1,714,000.00 City Liability (100%): $1,714,000.00 SCE Liability (0%): $0.00 909-265-5038 Cynthia.Wagner@sce.com Page 1 Please prepare an Amended Utility Agreement in the amount of $1,714,000.00 and forward it to my attention. Should you have any further questions feel free to contact me at 909-265-5038. Sincerely, c0�- Cynthia Wagner Project Manager Transmission Construction & Technical Support (C&TS-PMO) cc: Project File 909-265-5038 Cynthia.Wagner@sce.com Page 2 Page 1 of 4 CITY OF TEMECULA AMENDMENT TO UTILITY AGREEMENT District County Route Post Mile Project ID No. EA 8 Riversid 15,21 6,4/9.7; 0800020178 43272 e 5 R8.4/9.3 Federal Aid No.: INFRALUL-5459(031) Owner's File: Drawing No. 12275190.01, Work Order No, TD1642508 FEDERAL PARTICIPATION: On the Project 2 Yes ❑ No On the Utilities M Yes ❑ No FIRST AMENDMENT TO UTILITY AGREEMENT NO. 43272 SCE WHEREAS, the City of Temecula, hereinafter called "CITY", and Southern California Edison Company, hereinafter called "OWNE:R," have entered into that certain Utility Agreement No.43272_SCE, dated December 14, 2021, which Agreement sets forth the terms and conditions pursuant to which OWNER has relocated overhead distrii,ution lines to accommodate CITY's construction orl Interstate,15 and intersiate 215, Project No. PW16-01 Interstate 15./ French Valley Parkway Improvements - Ph :�5e i}; and, WHEREAS, in the performance of said work, increased costs over and above those estimated at the time of the execution of said Agreement were incurred due to the fact that -certain relocation cost w ,re not available at th tim of tl�e ex ti n of aid A ree ent including: 2 -- 100: Tubular Steel Poles, Distribution Electrical Contractor, biolocaical surveys armittin4. California Highway Patrol support for reeway closure, 175 Ton crane, and field changes to maintain owe ; and, WHEREAS, it has been determined that, since final costs have overrun the arnount shown in said Agreement by 76 0, and when the increased cost exceeds by 25% the estimated amount set forth in said Agreement, said Agreement shall be amended to show the increased cost of the work to the CITY; and, Page 2 of 4 CITY OF TEM ECULA AMENDMENT TO UTILITY AGREEMENT WHEREAS, the estimated cost to the CITY of the work to be performed under said Agreement was 5-972.540,00, and by reason of the increased costs referred to above, the amended estimated cost to the CITY is 11,714,000.00. NOW, THEREFORE, it is agreed between the parties as follows: 1. The estimated cost to the CITY of $972,540.00 as set forth in said Agreement is hereby amended to read 1714.000.00. 2. All other terms and conditions of said Agreement remain unchanged. Page 3 of 4 CITY OF TEMECULA AMENDMENT TO UTILITY AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Utility Agreement No. 43272_SCE this day of CITY OF TEMECULA APPROVED By James "Stew" Stewart, Mayor ATTEST: By Randi Johl, City Clerk APPROVED AS TO FORM: SOUTHERN CALIFORNIA EDISON COMPANY APPROVED By s�� fZ01�/23 Date Whitney Blake Chalson Date Senior Manager Date Page 4 of 4 CITY OF TEMECULA AMENDMENT TO UTILITY AGREEMENT By Peter M. Thorson, City Date Attorney DO NOT WRITE BELOW - FOR ACCOUNTING PURPOSES ONLY (CALTRANS) PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: UTILITY COMPLETES: T CODE DOCUMENT NUMBER SUF FIX DIST UNIT CHG DIST PROD ID/EA SUB JOB SPECIAL DESIGNATION FFY FA OBJ CODE DOLLAR AMOUNT UA UA PROJECT ID/EA FUNDING VERIFIED: Sign> Print> R/W Planning and Date Management Distribution: 2 originals to R/W Accounting 1 original to Utility Owner 1 original to File REVIEW/REQUEST FUNDING: Sign> Print> Utility Coordinator Date Aft t he Heat of Saut Cu farni, Wile•Cu.:-.ir.: City of Temecula Fiscal Years 2024-28 Capital Improvement Program 1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: Construction May 2023 through February 2025. Department: Public Works - Account No. 210.265.999.5800.PW16-01 / 726 Level: I Project Cost: Prior Years Actuals 2022-23 Adjusted 2023-24 Adopted Budget 2024-25 2025-26 Projected Projected 2026-27 2027-28 Projected Projected Total Project Cost 5801-Administration 3,064,343 366,456 300,000 170,000 3,900,799 5804-Construction 89,940,000 15,000 89,955,000 5805-Construction Engineering 33,033 10,867,967 10,901,000 5802-Design & Environmental 19,346,698 122,605 19,469,303 5700-Land Acquisition 13,806,538 716,714 14,523,251 5240-Utilities 1,993 1,993 Total Expenditures 36,252,605 102,013,741 315,000 170,000 138,751,346 Source of Funds: 4271-CFD 01-02 (Harveston) 1,005,840 1,005,840 4242-DIF-Street Improvements 75,360 75,360 4001-General Fund 4,236,174 41236,174 4668-INFRA Grant 50,000,000 50,000,000 4170-Measure A 1,627,914 1,627,914 4002-Measure S 3,761,973 1,799,612 300,000 170,000 6,031,585 4438-Reimbursements 6,023,000 61023,000 4465-SAFETEA-LU 1,602,360 1,602,360 4426-STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program 4473-TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 4474-TUMF (RCTC) 2,343,000 2,343,000 4472-TUMF (WRCOG) 1 13,406,3901 3,327,214 1 16,733,604 Total Funding 32,952,492 105,328,854 300,000 170,000 138,751,346 Future Operating & Maintenance Costs: 71 Aft WhC'n..,I City of Temecula Fiscal Years 2024-28 Capital Improvement Program 1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II Circulation Project 2023-24 Prior Years 2022-23 Adopted 2024-25 2025-26 2026-27 2027-28 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase 11. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase 1. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 72 Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: January 9, 2024 SUBJECT: Approve First Amendment to Consultant Agreement with T.Y. Lin International for the I-15/French Valley Parkway Improvements — Phase II, PW16-01 PREPARED BY: Amer Attar, Engineering Manager Avlin R. Odviar, Principal Civil Engineer RECOMMENDATION: That the City Council approve the first amendment to the agreement for consultant services with T.Y. Lin International in an amount not to exceed $150,000, to provide continued construction support during construction of the I-15/French Valley Parkway Improvements — Phase II, PW 16-01. BACKGROUND: On August 23, 2022, the City Council approved the agreement for construction support services on a time and materials basis in the amount of $350,000. Construction of the project has required extensive coordination and engineering support from T.Y. Lin International in evaluating and responding to Requests For Information (RFI), performing structural calculations and analyses of construction alternatives, and assisting with preparation of contract change orders (CCO). To date, approximately 95% of the original contract amount of $350,000 has been expended. Additional contract funds are necessary for continued engineering support. FISCAL IMPACT: The I-15/French Valley Parkway Improvements — Phase II project is included in the City's Capital Improvement Program (CIP) Budget FY 2024-28. Project costs are supported by numerous sources of funds as shown in the attached CIP Project Budget sheet. There are sufficient funds within the project budget available to cover the cost of this amendment, $150,000. ATTACHMENTS: 1. First Amendment 2. CIP Project Budget Sheet FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND T.Y. LIN INTERNATIONAL 1-15/FRENCH VALLEY PARKWAY IMPROVEMENTS — PHASE 11, PW16-01 THIS FIRST AMENDMENT is made and entered into as of January 9, 2024 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and T.Y. Lin International, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On August 23, 2022, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services Between City of Temecula and T.Y. Lin International, 1-1 5/French Valley Parkway Improvements — Phase 11, PW16-01," in the amount of $350,000.00. 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 engineering support services for a total Agreement amount of Five Hundred Thousand Dollars and No Cents ($500,000.00). 3. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By James "Stew" Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By T.Y. LIN INTERNATIONAL (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: r�� "� James Orr, Vice President Peter M. Thorson, City Attorney CONSULTANT T.Y. Lin International Attn: Rodrigo Gonzalez 3633 East Inland Empire Blvd., Suite 700 Ontario, CA 91764 909-912-6903 Rod rigo.Gonzalez@tylin.com 2 City Purchasing Mgr. Initials and Date: O8/09/2021 ATTACHMENT EXHIBIT B PAYMENT RATES AND SCHEDULE GENERAL The tasks described in the Scope of Work (Exhibit A) will be performed on a time and materials basis at the direction of the City or its delegate. It is understood that the actual work effort is not known and will be a function of the extent of inquiries, changes, and clarifications that arise as a result of the construction of the project. Actual cost shall not exceed the Total Fee without prior authorization from the City. Fee (Original Agreement)................................................................$ 350,000.00 Fee (FIRST Amendment)............................................................... 150,000.00 TotalFee.....................................................................................$ 500,000.00 08/09/2021 Aft t he Heat of Saut Cu farni, Wile•Cu.:-.ir.: City of Temecula Fiscal Years 2024-28 Capital Improvement Program 1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II Circulation Project Project Description: This project includes the design and construction of the two lane northbound collector/distributer road system beginning north of the Winchester Road Interchange on -ramps and ending just north of the 1-15/1-215 junction with connectors to 1-15 and 1-215. Benefit: This project will address and improve traffic circulation in the City's northern area by providing the northbound collector/distributer road system. Core Value: Transportation Mobility and Connectivity Project Status: Construction May 2023 through February 2025. Department: Public Works - Account No. 210.265.999.5800.PW16-01 / 726 Level: I Project Cost: Prior Years Actuals 2022-23 Adjusted 2023-24 Adopted Budget 2024-25 2025-26 Projected Projected 2026-27 2027-28 Projected Projected Total Project Cost 5801-Administration 3,064,343 366,456 300,000 170,000 3,900,799 5804-Construction 89,940,000 15,000 89,955,000 5805-Construction Engineering 33,033 10,867,967 10,901,000 5802-Design & Environmental 19,346,698 122,605 19,469,303 5700-Land Acquisition 13,806,538 716,714 14,523,251 5240-Utilities 1,993 1,993 Total Expenditures 36,252,605 102,013,741 315,000 170,000 138,751,346 Source of Funds: 4271-CFD 01-02 (Harveston) 1,005,840 1,005,840 4242-DIF-Street Improvements 75,360 75,360 4001-General Fund 4,236,174 41236,174 4668-INFRA Grant 50,000,000 50,000,000 4170-Measure A 1,627,914 1,627,914 4002-Measure S 3,761,973 1,799,612 300,000 170,000 6,031,585 4438-Reimbursements 6,023,000 61023,000 4465-SAFETEA-LU 1,602,360 1,602,360 4426-STIP-Surface Transportation 47,600,000 47,600,000 Improvement Program 4473-TUMF (CETAP/RCTC) 472,841 999,668 1,472,509 4474-TUMF (RCTC) 2,343,000 2,343,000 4472-TUMF (WRCOG) 1 13,406,3901 3,327,214 1 16,733,604 Total Funding 32,952,492 105,328,854 300,000 170,000 138,751,346 Future Operating & Maintenance Costs: 71 Aft WhC'n..,I City of Temecula Fiscal Years 2024-28 Capital Improvement Program 1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II Circulation Project 2023-24 Prior Years 2022-23 Adopted 2024-25 2025-26 2026-27 2027-28 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Total Operating Costs Notes : 1. General Fund Includes Required Contribution match for TUMF (CETAP/RCTC) funds. 2. State Transportation Improvement Program 2014 RCTC Call for projects as approved by the Commission on November 13, 2013 ($10,000,000). 3. TUMF (RCTC)- Regional funding is pursuant to RCTC Agreement No.06-72-048-00 for a total of $7,517,000 ($5,517,000-ROW; $2,000,000-PS&E). $200,000 City Match, Phase I expended $3,174,000-ROW; $2,000,000 PS&E; $200,000 City Match. Phase II expended $2,343,000 ROW. 4. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 06-SW-TEM-1079 for a total of $11,575,000 reduced to $11,451,875 ($975,752-PA&ED; $8,801,875-PS&E; $1,674,248-ROW) for Phase I and Phase II. 5. TUMF (WRCOG) - TUMF Zone funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $4,078,000 reduced to $4,043,000 ($108,724 PA&ED;3,934,296 PS&E) for Phase I and Phase 11. 6. TUMF (WRCOG) - TUMF Zone Funding is pursuant to WRCOG Agreement No. 05-SW-TEM-1064 for $1,925,000-ROW. No expenditures for Phase 1. 7. TUMF (CETAP/RCTC) - Funding is pursuant to the RCTC Agreement No.17-73-007-00 in the amount of $1,472,509 ($673,562 ROW; $798,947 DESIGN; $106,603 City Match). 72 Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 9, 2024 SUBJECT: Approve Third Amendment to Consultant Agreement with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II — Margarita Under -Crossing, PW 19- 04 PREPARED BY: Avlin R. Odviar, Principal Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council approve the third amendment to the agreement for consultant services with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II — Margarita Under -Crossing, PW 19-04, increasing the agreement amount by $156,809.57. BACKGROUND: On June 10, 2020, the City Manager, under the authorities delegated by the City Council of the City of Temecula in Resolution 2020-35, awarded the consultant contract to EXP U.S. Services, Inc., in the amount of $420,755.33 with a contingency amount of $42,077.53, for the preparation of construction plans, specifications, and estimate (PS&E) and environmental documents for the Santa Gertrudis Creek Trail Phase II — Margarita Under - Crossing, PW19-04. On July 13, 2021, the City Council approved the First Amendment to the Agreement to increase the contingency amount by $65,450. On June 14, 2022, the City Council approved the Second Amendment to the Agreement to increase the contingency amount by $40,000. The agreement, as amended, is in the amount of $420,775.33 plus $147,527.53 of contingency. Since that time, four extra work authorization have been approved for services relating to environmental regulatory permitting, relocation of existing water utilities, permitting costs from California Department of Fish and Wildlife, California Regional Water Control Board, and Riverside County Flood Control District (District), preparation of public utility easement acquisition and temporary construction easement documents, and additional engineering services related to the licensing agreement with the District. Additional consultant services related to construction compliance and construction engineering support is necessary to support the construction of the Santa Gertrudis Creek Trail Phase II — Margarita Under -Crossing. This Third Amendment to the Agreement will add work to the Agreement to enable EXP U.S. Services Inc. to perform the additional consultant services. FISCAL IMPACT: The Santa Gertrudis Creek Trail Phase II — Margarita Under - Crossing, project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Years 2024-2028. The sources of funds include Measure S and Senate Bill 1. Adequate funds are available in the project account to cover the Third Amendment amount of $156,809.57, for a total agreement encumbrance of $725,112.43. ATTACHMENTS: 1. Third Amendment 2. Project Description 3. Project Location THIRD AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND EXP U.S. SERVICES, INC. SANTA GERTRUDIS CREEK TRAIL PHASE II — MARGARITA UNDER -CROSSING PROJECT NO. PW19-04 AGREEMENT NO. 2020-092 THIS THIRD AMENDMENT is made and entered into as of January 9, 2024 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and EXP U.S. Services Inc (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On June 10, 2020, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services", in the amount of $420,775.33 plus 10% contingency in the amount of $42,077.53. b. On July 13, 2021, the City and Consultant entered the First Amendment to the Agreement to increase the contingency in the amount of $65,450.00. C. On June 14, 2022, the City and Consultant entered the Second Amendment to the Agreement to increase the contingency in the amount of $40,000.00. d. The parties now desire to add scope of work and increase payment in the amount of $156,809.57 (One Hundred Fifty -Six Thousand Eight Hundred Nine Dollars and Fifty -Seven Cents), 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 THIRD Amendment amount shall not exceed $156,809.57 (One Hundred Fifty -Six Thousand Eight Hundred Nine Dollars and Fifty -Seven Cents) for Construction Compliance Monitoring Services for a total Agreement amount of $725,112.43 (Seven Hundred Twenty -Five Thousand One Hundred Twelve Dollars and Forty -Three Cents). 3. Exhibit A and B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: James Stewart, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: EXP U.S. Services Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation) By: Gabriel Rod uez, Vie resident By: Khalil Saba, Vice President Peter M. Thorson, City Attorney CONSULTANT EXP U.S. Services Inc. Gabriel Rodriguez, Project Manager 473 E. Carnegie Drive, Suite 200 San Bernardino, CA 92404 (909) 228-2821 Gabriel.Rodriguez@exp.com 08/09/2021 ATTACHMENT A EXHIBIT A Attached hereto and incorporated herein as though set forth in full is the additional scope of work as provided by the Consultant. 08/09/2021 "ex P* SCOPE OF WORK This scope of work includes compliance monitoring during the estimated 9-month construction timeline as well as archaeological monitoring during ground disturbing activity, as needed. CONSULTANT will provide compliance support to fulfill environmental compliance permitting requirements. TASK 1 - CONSTRUCTION COMPLIANCE MONITORING Task 1.1 - Compliance Monitoring CONSULTANT will provide environmental compliance oversight during Project construction. ESA will integrate into the Project team as an expert advisor and assist with agency coordination, construction monitoring, compliance problem solving, and documentation to ensure the Project is implemented in a manner consistent with the mitigation measures identified in the MMRP. Monitoring frequency will be determined by the Compliance Manager, in communication with the management team. Assumptions: This task assumes compliance monitoring will be conducted one day per week at 12 hours per day (on average including travel time) throughout the course of the Project. This frequency will vary as determined by the Compliance Manager and in coordination with the City to respond to varying activity levels and the current phase of construction. A total of four hundred and thirty-two (432) CONSULTANT labor hours are estimated to complete this task. Noise monitoring is not included in this scope of work due to the uncertainty regarding the potentially significant time and expense. If active least Bell's vireo are present that require continuous noise monitoring under MM-BIO-3 of the MMRP, a contract modification request will be issued depending on the conditions and course of action as determined by the City. Deliverables: Daily logs, compliance -related reports (e.g., Incident Reports), and Final Compliance Report. Task 1.2 - Archaeological Monitoring CONSULTANT will provide qualified archaeological monitors to observe ground disturbing activities alongside Native American monitors, as needed. Monitors will observe soil disturbances, inspect exposed soils, and will re -direct equipment in the event potential resources are encountered. The monitors will conduct a cursory inspection of any discoveries; however, in the event potentially significant resources are encountered, further investigation beyond the scope of work described here may be required. In this case, a senior archaeologist will report to the site to conduct additional assessment of the discovery and to make appropriate treatment recommendations. Archaeological monitors will prepare daily monitoring logs that describe the types of construction activities observed, soil conditions, and PW19-04 Page 2 of 4 any resources encountered. Assumptions: This task assumes up to 10 days of archaeological monitoring during ground -disturbing activity. In addition, this task will include coordination time for the reporting of one find of archaeological significance (e.g., requiring review by a Senior Archaeologist). This task does not include the potential discovery of human remains, which would require additional coordination that cannot be accurately estimated within this scope. Discoveries requiring additional coordination may require a contract modification due to the uncertain nature of the discovery process and requirements. Deliverables: Archaeological monitors will prepare daily monitoring logs that describe the types of construction activities observed, soil conditions, and any resources encountered. All logs will be included in the Final Compliance Report. Task 1.3 - Final Compliance Report Upon completion of project construction, a Final Compliance Report will be provided to the City. This report will include results of the project for each relevant mitigation measure and permitting condition, a summary of compliance events, daily logs for compliance and archaeological monitoring, and site photographs documenting the construction progress, conditions, and any unanticipated environmental impacts. Assumptions: One round of revisions to the Final Compliance Report will be included to respond to any additional requests or comments from the City. Deliverables: One (1) Final Compliance Report will be provided to the City in electronic format. Additionally, one (1) printed copy will be provided to City upon request. Task 1.4 - Project Coordination and Management Project compliance meetings are expected to be conducted at weekly intervals throughout the course of the Project. The Compliance Manager will prepare an agenda and host these meetings (1 hour) with the construction management and compliance teams. Additional coordination time for responding to compliance incidents, reviewing daily logs, and communication with the construction management team is estimated at one (1) hour per week throughout the course of the project. This task also includes time dedicated to GIS and data management coordination, senior review, and agency meetings. The total time required for this task is estimated at eighty-nine (89) hours. Assumptions: If additional time is needed for coordination or communication with the City, modifications may be necessary to complete the project. Any modifications will be agreed upon in advance. In addition, this task will include coordination time for the reporting of one find of archaeological significance (as mentioned in the Archeological Monitoring scope above). PW19-04 Page 3 of 4 exp. TASK 2 - CONSTRUCTION ENGINEERING SUPPORT Task 2.1 — Construction Engineering Support CONSULTANT shall attend 6 construction meetings and review and respond to RFI's and material submittals within five calendar days of receipt. CONSULTANT has anticipated the hours denoted in the fee schedule for each of the respective disciplines. The fees for this task are shown for budgetary purposes only. Deliverables: Digital copy of RFI and submittal responses in PDF format. Task 2.2 — Record Drawings Based on as -built drawings provided by the contractor upon completion of construction, CONSULTANT shall prepare record drawings. CONSULTANT has anticipated the hours denoted in the fee schedule for each of the respective disciplines. The fees for this task are shown for budgetary purposes only. Deliverables: Final record drawings in digital AutoCAD and PDF format. Fee Based on our understanding of the Project, the Scope of Work, and assumptions provided above, our estimated fee by task is provided in the attached fee schedule. Please Note: This is a not -to -exceed budget and time not expended will not be invoiced. Conversely, should the effort required to provide these services be greater than assumed, or additional professional services beyond those set forth in this Scope of Work are required, CONSULTANT will notify the City immediately and a resolution will be sought. CONSULTANT will request written authorization from the City to proceed prior to the initiation of out -of -scope services. In the event of contract modification requests by the City, CONSULTANT reserves the right to escalate rates beyond the values included in this proposal. CONSULTANT also reserves the right to transfer fees among line items, as budget flexibility is needed to respond to shifts in effort that may occur due to unexpected circumstances.. PW 19-04 Page 4 of 4 EXHIBIT B Attached hereto and incorporated herein as though set forth in full an increase payment in the amount of $156,809.57 for additional work as provided by the Consultant. 08/09/2021 i00 o oft ;go exp FIRM: EXP U.S. Services Inc. SANTA GERTRUDIS CREEK PHASE II City of Temecula AMENDMENT 3 LABOR HOUR and FEE ESTIMATE EXP U.S. SERVICES INC. NCM ESA EMI TASK NO. TASK DESCRIPTIONS Project Manager Roadway Designer Structures Lead Senior Bridge Engineer Bridge Engineer Senior CADD Senior Director III Managing Associate III Principal Consultant I Consultant VI Consultant III Principal Senior Project Engineer Total Hours TASK TOTAL $290 $112 $251 $152 $111 $131 $336 $223 $202 $159 $122 $254 $138 1 CONSTUCTION COMPLIANCE MONITORING 1.1 Compliance Monitoring 432 432 $68,688.00 1.2 Archaeological Monitoring 120 120 $14,640.00 1.3 Final Compliance Report 2 24 8 34 $7,640.00 1.4 Project Management and Coordination 6 9 72 8 95 $22,436.00 2 CONSTRUCTION ENGINEERING SUPPORT 2.1 Construction Engineering Support 12 40 16 40 24 8 8 16 164 $26,005.92 2.2 As-Builts 2 32 34 $4,178.72 SUB -TOTAL (W/O ODC's) SUB -TOTAL (W/O ODC's) $143,588.64 OTHER DIRECT COSTS (ODC'S) ODC'S (Incl. Data Tech Management) $13,220.93 TOTAL HOURS: 20 72 16 40 24 8 11 96 16 432 120 8 16 879 TOTAL (W/ ODC's) LABOR: $5,800.00 $8,097.12 $4,018.08 $6,077.20 $2,652.00 $1,044.72 $3,696.00 $21,408.00 $3,232.00 $68,688.00 $14,640.00 $2,029.76 $2,205.76 $156,809.57 TOTAL FEE: $156,809.57 f Adk The Heart of Southern California Wine Country City of Temecula Fiscal Years 2024-28 Capital Improvement Program SANTA GERTRUDIS CREEK PHASE II - MARGARITA UNDER -CROSSING Infrastructure Project Project Description: This project includes the design, environmental, and construction of the under -crossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along the Santa Gertrudis Creek at this location. Benefit: The project provides a safe pedestrian and bicycle trail connection for the community. Core Value: Transportation Mobility and Connectivity Project Status: Project is anticipated to be completed in Fiscal Year2023-24. Department: Public Works - Account No. 210.265.999.732 / PW19-04 Level: I Project Cost: Prior Years Actuals 2023-24 2022-23 Proposed 2024-25 2025-26 2026-27 2027-28 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 172,512 275,488 448,000 Construction 1,631,179 819,663 2,450,842 Construction Engineering 370,000 370,000 Design & Environmental 380,596 253,368 31,350 665,314 Land Acquisition 21,500 21,500 MSHCP 81,559 81,559 Total Expenditures 553,108 2,633,094 851,013 4,037,215 Source of Funds: Measure S Senate Bill 1 553,108 1,131,094 851,013 1,502,000 2,535,215 1,502,000 Total Funding 553,108 2,633,094 851,013 - 4,037,215 Future Operating & Maintenance Costs: Total Operating Costs Notes : 1. California Transportation Commission (CTC) adopted the2019 Active Transportation Program Augmentation on January30 - 31, 2019. 148 Santa Gertrudis Creek Phase II - Margarita Undercrossing 1989 Infrastructure/ Other Project Location 0 200 400 Feet The map SantaGertrudisCreekPhasel I.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update I Al and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 2018 Aerial Data 148 Item No. 17 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 9, 2024 SUBJECT: Approve Increase to the Construction Contingency Authorization for the Citywide Concrete Repairs, PW23-17 PREPARED BY: Amer Attar, Engineering Manager Emalee Sena, Engineering Technician II RECOMMENDATION: That the City Council: 1. Approve an increase to the construction contingency for the Citywide Concrete Repair Project, PW23-17 by $100,000; and 2. Increase the City Manager's construction contract change orders approval authority by $100,000. BACKGROUND: On October 24, 2023, the City Council awarded a construction contract to Loamic Builders, Inc. for the construction of the Citywide Concrete Repair Project, PW23-17in the amount of $318,244.27. The City Council also authorized the City Manager to approve construction contract change orders for the contingency amount of $31,824.43. The Citywide Concrete Repair Project, PW23-17 is an annual maintenance project to repair various concrete facilities within the City's public right-of-way. Currently, the Citywide Concrete Repair Project is in the beginning stages of construction. Staff has identified additional locations that require concrete repairs., The locations of additional concrete repair are listed below: • Temecula Help Center on Pujol Street: Cross gutter and sidewalk repair • Remington Ave: Sidewalk repair • Winchester Road and Jefferson Ave: Recess median • Vail Ranch: Curb ramps and sidewalk repair The costs of the additional improvements are unknown at this time. Staff recommends an increase to the City Manager's construction contract change orders approval authority by $100,000 to make sure all the requested additions are completed. FISCAL IMPACT: The Concrete Repair Project is funded in the Operating Budget with Measure A funds. There are sufficient funds in Measure A to cover the increase to the authorized contingency by $100,000. With this addition, the new total encumbrance of the project will be $450,068.70. ATTACHMENTS: None Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: January 9, 2024 SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the I-15/SR-79S Interchange Enhanced Landscaping Project, PW17-19 PREPARED BY: Avlin R. Odviar, Principal Civil Engineer Shawna Bennetts, Associate Civil Engineer RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the I-15/SR-79S Interchange Enhanced Landscaping Project, PW17-19. BACKGROUND: Construction of the Interstate 15/State Route 79 South Ultimate Interchange project included reconfiguring the southbound ramps on the west side of the interchange. During construction, the City in conjunction with the Pechanga Band of Luiseno Indians and Visit Temecula Valley developed an alternative landscaping concept to enhance and beautify the areas between the new ramps, 1-15, and Temecula Parkway. With Caltrans approval, the City pursued design and development of the enhanced landscaping in lieu of the originally planned replacement planting. The I-15/State Route 79 South Interchange Enhanced Landscaping project includes planting, irrigation, and hardscape elements using species, colors, and patterns that embrace our regional history, foster connections to the land, and embody the culture of native inhabitants. The design is based on the I-15 Branding & Visioning Plan to beautify the I-15 corridor and Temecula interchanges with themes and monumentation consistent our community's identity. The plans and specifications are complete. The contract documents are available for review in the Director of Public Works' office. Final approvals are expected soon from Caltrans, under the Streamlined Oversight Project (SOP) process. Upon receipt, the Project will be advertised for construction bids. The Engineer's estimate of construction cost is $1,928,000 and estimate of construction duration is 100 working days (approximately 5 months). This project has an Initial Study (Negative Declaration) and Categorical Exclusion (23 USC 326) approved June 2009, Revalidated May 2015, approved by the State of California, Department of Transportation (Caltrans) October 2020 and June 2023. FISCAL IMPACT: The I-15/State Route 79 South Interchange Enhanced Landscaping Project is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2024-2028, and is funded with an Intergovernmental Agreement (IGA) with The Pechanga Tribe and Measure S funds. Adequate funds are available in the project accounts. ATTACHMENTS: 1. Project Description 2. Enhanced Landscaping Exhibit f ANk The Heart aF Sauthern Cali{arnia Wine Country City of Temecula Fiscal Years 2023-27 Capital Improvement Program I-15/STATE ROUTE 79 SOUTH INTERCHANGE ENHANCED LANDSCAPING Infrastructure Project Project Description: The project includes the landscape beautification of the west side of the Interstate 15/State Route 79 South (Temecula Parkway) interchange with enhanced landscaping & hardscape inspired by the 1-15 Branding & Visioning Plan. Benefit: This project meets the City-wide long-term goals as identified in the Quality of Life Master Plan to include a Healthy and Livable City and Economic Prosperity. Core Value: Healthy and Livable City Project Status: This project is in the design phase with construction scheduled for FY 2022-23. Department: Public Works - Account No. 210.265.999.690 / PW17-19 Level: I Project Cost: Prior Years Actuals 2022-23 2021-22 Adopted 2023-24 2024-25 2025-26 2026-27 Adjusted Budget Projected Projected Projected Projected Total Project Cost Administration 79,315 123,263 202,578 Construction 2,480,000 2,480,000 Construction Engineering 350,000 350,000 Design & Environmental 311,661 214,244 525,905 Total Expenditures i 390,976 337,507 2,830,000 3,558,483 Source of Funds: Measure 5 Reim bursement-Pechanga IGA 441,350 287,133 330,000 2,500,000 1,058,483 2,500,000 Total Funding 441,350 2,787,133 330,000 3,558,483 Future Operating & Maintenance Costs: Total Operating Costs 1 56,240 58,490 60,830 62,046 Notes : 1. Operating & Maintenance costs reflect the ongoing irrigation and landscape maintenance required by CalTrans. 140 PU' ESKA MOUNTAIN LANDSCAPE CHARCTER ON 1-15 MANTENANCE ACCESS COAST LIVE OAK TREE GROUPINGS "BASKET' PATTERN UTILIZING DECORATIVE ROCK QUERCUS AGRIFOL. A (COAST LIVE OAK) PINUS HALEPENSIS 06,1-EPPO PINE) GRASS BANDS "FEATHER" PATTERN v 09/18/2019 R,jM �^ 0 25' W' lm' .r' ��� �q-_ + � � >' � rye• 1� INTERCHANGE PATTERN ART DECORAT V E ROCK GROUTED ROCK COBBLE - MEDIANS I-15/79 SOUTH TEMECULA PKWY INTERCHANGE - LOCAL NATIVE AMERICAN SCULPTURE ART - SHOTCRETE ROCK BASE 4CEPTUAL PLAN - POTENTIAL SCOPE REDUCTION' -15 CORRIDOR BRANDING & VISIONING CITY OF TEMECULA, CAe Item No. 19 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 12, 2023 COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CALL TO ORDER at 6:52 PM: President James Stewart ROLL CALL: Alexander, Brown (virtual), Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS -None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Kalfus, Second by Schwank. The vote reflected unanimous approval. 11. Approve Action Minutes of November 28, 2023 Recommendation: That the Board of Directors approve the action minutes of November 28, 2023. 12. Approve Financial Statements for the 4th Quarter Ended June 30, 2023 Recommendation: That the Board of Directors: 1. Receive and file the financial statements for the 4th quarter ended June 30, 2023; and 2. Approve the following Fiscal Year 2022-23 Budget Adjustment: a. Increase the TCSD Service Level "L" - Lake Park Maintenance Fund Utilities operating account (196.180.999.5240) by $5,100 to cover the higher than anticipated utilities cost. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 6:55 PM, the Community Services District meeting was formally adjourned to Tuesday, January 9, 2024 at 5:00 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 20 ACTION MINUTES SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 12, 2023 COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CALL TO ORDER at 6:55 PM: Chair Zak Schwank ROLL CALL: Alexander, Brown (virtual), Kalfus, Schwank, Stewart SARDA PUBLIC COMMENTS - None SARDA CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Kalfus. The vote reflected unanimous approval. 13. Approve Financial Statements for the 4th Quarter Ended June 30, 2023 Recommendation: That the Board of Directors receive and file the financial statements for the 4th quarter ended June 30, 2023. 14. Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2024 Through June 30, 2025 (ROPS 24-25) Recommendation: That the Board of Directors adopt resolutions entitled: RESOLUTION NO. SARDA 2023-02 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, 2024 THROUGH JUNE 30, 2025 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RESOLUTION NO. SARDA 2023-03 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 DIRECTOR REPORTS SARDA ADJOURNMENT At 6:57 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, January 9, 2024, at 5:00 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, Chair ATTEST: Randi Johl, Secretary [SEAL] N Item No. 21 ACTION MINUTES JOINT TEMECULA PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 12, 2023 COUNCIL MEMBER CURTIS BROWN TO PARTICIPATE ELECTRONICALLY VIA ZOOM FROM: SHERATON MAUI 2605 KAANAPALI PARKWAY LAHAINA, MAUI, HI 96761 CALL TO ORDER at 6:57 PM: Chair/Mayor Zak Schwank ROLL CALL: Alexander, Brown (virtual), Kalfus, Schwank, Stewart TPFA PUBLIC COMMENTS — None TPFA / COUNCIL CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval. 15. Approve Deposit/Reimbursement Agreement and Initiate Community Facilities District Formation Proceedings Related to the Prado Development Recommendation: That the City Council/Board of Directors adopt resolutions entitled: RESOLUTION NO. 2023-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT AGREEMENT - PRADO RESOLUTION NO. TPFA 2023-12 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 AUTHORIZING AND DIRECTING ACTIONS WITH RESPECT THERETO - PRADO TPFA/COUNCIL EXECUTIVE DIRECTOR REPORT TPFA/COUNCIL BOARD OF DIRECTORS REPORTS TPFA/COUNCIL ADJOURNMENT At 6:58 PM, the Joint Temecula Public Financing Authority and City Council meeting was formally adjourned to Tuesday, January 9, 2024 at 5:00 PM, for a Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Zak Schwank, Chair/Mayor ATTEST: Randi Johl, Secretary [SEAL] Item No. 22 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Consider Appointment of Person or Election to Fill Vacancy in Council District 1 Pursuant to Government Code Section 36512 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council consider the vacancy in District 1 resulting from the resignation of Curtis Brown and take one of the following actions to address the vacancy pursuant to Government Code Section 36512: 1. Appoint a person to serve as Council Member for District 1 through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. 2. Direct staff to initiate an application process, after which Council will appoint a person to serve as Council Member for District 1 through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. 3. Take no action to appoint a person to serve as the Council Member for District 1, operate as a four -person City Council through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. BACKGROUND: Former City Council Member Curtis Brown submitted his resignation on December 13, 2024. The effective date of the resignation was January 1, 2024. Government Code Section 36512 (hereinafter "Code") states that within 60 days of its occurrence, the City Council must fill the vacancy by appointment or call for a special election. The sixty-day deadline is March 1, 2024. The Code also states that if a vacancy occurs in the first half of a term of office, and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election, and the person elected will hold office for the unexpired balance of the term. The next general municipal election for Temecula is in November 2024. The District 1 contest to fill the balance of the unexpired term will be placed as a special election on the November 2024 ballot. Option 1: Appointment The Code requires that if a vacancy is filled by appointment, the actual appointment be made within 60 days (March 1, 2024). The Government Code does not specify how an appointment is to be made. The City Council is free to appoint any person who is a registered voter of District 1 at the time of appointment. The name and address of the person appointed must meet current voter registration records. The person appointed will serve as the Council Member for District 1 through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. Option 2: Appointment After Application Process An application process, followed by an appointment, may also be used to fill a vacancy. The best practice for an application process is as follows: Candidate Pool — The appointment would be available to all residents of District 1, over the age of 18, registered to vote in District 1 at the time of appointment. The name and address of the person appointed must meet current voter registration records. Advertising and Outreach — To ensure consistency with existing efforts for board, committee and commission recruitments, the same advertising and outreach would be conducted for the Council vacancy appointment. Current advertising efforts include printed newspaper, website publication, physical postings and social media usage. Application — The application for appointment would be similar to that which was previously utilized in Temecula and include information related to contacts, education, employment, public service, open-ended questions, and the ability to include supplemental information. Presentation / Interview — The presentation/interview would be at a special and/or regularly scheduled council meeting. The Council would conduct 10-minute rounds for each applicant consisting of a 5-minute presentation to be followed by a 5-minute question/answer period. The question/answer period provides the Council with an opportunity to obtain additional information related to the application packet or the presentation. Applicants present in alphabetical order based on last name. Depending upon the number of applications, times and days could be adjusted. The presentation/interview, as well as City Council deliberation, must be publicly noticed and accessible pursuant to the Brown Act. Timing and Term for Appointment - The newly appointed Council Member must be seated on or before March 1, 2024. The person appointed will serve as the Council Member for District 1 through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. A potential timeline is as follows: • January 9, 2023 — Direct Staff to Pursue Appointment Option • January 12, 2023 — Advertise/Publish/Post Vacancy by Appointment • January 15, 2023 — January 30, 2023 - Open Application Period for Vacancy • January 30, 2023 — Deadline to Submit Application for Appointment • February 13, 2023 — Council Meeting (Presentations/Interviews and Appointee Selection) • February 27, 2023 — Seat New City Council Member at 2nd Meeting in February Option 3: No Appointment, Special Election Only Should the City Council wish to not fill the vacancy by appointment, it may continue to operate as a four -member Council through the certification of the November 2024 general municipal election, when the person elected will serve the last two years of the District 1 term. The City Council may give additional direction to staff to ensure appropriate representation of District 1 residents in the interim until such time as the person elected to serve the second half of the term is seated. FISCAL IMPACT: There is no fiscal impact associated with the consideration of this item. The anticipated costs of the November 2024 election will increase slightly due to the addition of the District 1 special election on the ballot. The City of Temecula already has District 2 and 4 contests, along with a local measure related to term limits, on the November 2024 ballot. All estimated costs will be included in the 2024-2025 budget for the City Clerk's Office. ATTACHMENTS: None Item No. 23 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 9, 2024 SUBJECT: Consider Appointments to City Council Committees for Calendar Year 2024 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council appoint members to serve on committees for calendar year 2024 and approve related City Council Committee Appointments List. BACKGROUND: The City Council annually appoints members of its legislative body to serve as liaisons to City boards and 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 serve a calendar year (January 1 — December 31). For appointments to external organizations that include a stipend, Form 806 is completed and posted pursuant to requirements set forth by the Fair Political Practices Commission. Proposed changes to committee names, dates, and/or descriptions are visible in italics and/or strikethrough text. It is therefore recommended that the City Council review and approve the committee list and make related appointments. FISCAL IMPACT: None ATTACHMENT: City Council Committee Assignments List 2024 CITY COUNCIL COMMITTEE ASSIGNMENTS (Last Updated: January 9, 2024) Commission Liaison One Member Current Member Community Services Commission Stewart Old Town Local Advisory Committee TBD Planning Commission Kalfus Traffic Safety Commission Alexander Race, Equity, Diversity, and Inclusion Commission Schwank Standing Committees Two Members — Publicly Noticed Current Members Arts and Cultural Affairs Subcommittee TBD, Schwank City Sustainability Program Subcommittee Kalfus, Stewart E-Government and Temecula Outreach Subcommittee Alexander, Schwank Economic Development Subcommittee Kalfus, Stewart Old Town Steering Subcommittee TBD, Schwank Finance Subcommittee Kalfus, Stewart Infill Land Use and Project Review Subcommittee Schwank, Stewart Infrastructure Beautification Subcommittee Alexander, Stewart Joint City Council/TVUSD Subcommittee TBD, Schwank Military Subcommittee Alexander, Schwank Move 1-15 Through Temecula Valley / Southwest Elected Collaborative Subcommittee TBD, Stewart Parks, Recreation and Community Services Subcommittee Schwank, Stewart Public Works Subcommittee 1 Alexander, TBD Surplus Lands Act Subcommittee I Kalfus, Stewart Representative Assignments — Meet In Person As Needed External Organizations - Stipend Not Included Current Member(s) Animal Shelter Liaison/JPA Representative Stewart League of California Cities — Voting Delegate Note: Mayor and Mayor Pro Tem Unless Otherwise Designated Schwank, (Alternate Stewart) National League of Cities — Voting Delegate Note: Mayor and Mayor Pro Tem Unless Otherwise Designated Schwank, (Alternate Stewart) Pechan a Tribal Council Representative TBD Rancho California Water District Liaison Stewart, Alternate Schwank Southwest Riverside County Energy Authority JPA Schwank, Stewart Temecula Sister City Liaison Alexander Representative Assignments — Meet In Person Regularly Current Member(s) External Organizations — Stipend Included Western Riverside County Regional Conservation Authority (RCA) Stewart, (Alternate Alexander) Note: Meet Monthly on 1st Monday at 12:30 p.m. Riverside County Habitat Conservation Agency Board (RCHCA) Stewart, (Alternate Alexander) Note: Meet Quarterly on 3rd Thursday at 11:30 a.m. Riverside County Transportation Commission (RCTC) Stewart, (Alternate Alexander) Note: Meet Monthly on 2nd Wednesday at 9:30 a.m. Riverside Transit Agency (RTA) Schwank, (Alternate TBD) Note: Meeting Monthly on 4t" Thursday at 2:00 p.m. WRCOG Executive Committee and Zone Committee Stewart, (Alternate Alexander) Note: Meet Monthly on 1 sr Monday at 2 p.m. Ad Hoc Committees Two Members Current Members Altair Property Ad Hoc Subcommittee TBD, Stewart Butterfield / Temecula Parkway Properties Ad Hoc Subcommittee Alexander, Kalfus GeunGil PFetE)GOI Manual Ad HOGS bGGFnFnmtt Alexander, Ka# is Community Service Funding Ad Hoc Subcommittee Schwank, Stewart County Center Drive Development Ad Hoc Subcommittee TBD, TBD Diaz Property Ad Hoc Subcommittee Kalfus, Schwank Franchise Agreements Ad Hoc Subcommittee TBD, TBD French Valley Parkway Interchange Ad Hoc Subcommittee TBD, Stewart General Plan Update Ad Hoc Subcommittee Alexander, Stewart Higher Education Ad Hoc Subcommittee Kalfus, Schwank Hospital Ad Hoc Subcommittee TBD, Schwank Human Services Ad Hoc Subcommittee Alexander, Kalfus Murrieta Creek Project Ad Hoc Subcommittee Schwank, Stewart Old Town Civic Center Ad Hoc Subcommittee Alexander, Stewart Police Base of Operations Ad Hoc Subcommittee Schwank, Stewart Promenade in Temecula Ad Hoc Subcommittee Alexander, Stewart Public Recognitions Ad Hoc Subcommittee Alexander, Stewart Public Safety Ad Hoc Subcommittee Alexander, Kalfus Roripaugh Ranch (aka Sommers Bend) Ad Hoc Subcommittee Kalfus, Schwank Seraphina Property Ad Hoc Subcommittee Schwank, Stewart Service Level Assessments Ad Hoc Subcommittee Schwank, Stewart Strategic Fiscal Planning Ad Hoc Subcommittee Schwank, Stewart Supportive Housing/Services Ad Hoc Subcommittee Alexander, Schwank Trails / Open Space Ad Hoc Subcommittee Schwank, Stewart TVE2 (Small Business Incubator) Ad Hoc Subcommittee Alexander, Stewart Uptown Temecula Ad Hoc Subcommittee Alexander, Schwank 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: 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. Butterfield and Temecula Parkway Properties Ad Hoc Subcommittee — The subcommittee will provide land use and project review direction to staff on the potential development proposals near the intersections of Butterfield Stage Road and Temecula Parkway and Deportola Road. The term of the subcommittee is through the development of properties adjacent to these intersections. 2 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 review the applications and funding associated with this program for Fiscal Year 2024-2025 and report back on its recommendations to the City Council by December 2024. Council Protocol Manual Ad Hoc Subcommittee This subcommittee will work with staff to develop a Protocol Manual s'm'lar to other cities consisting of various policies applicable to the City Council. The term of the subGOMmittee shall be through the GOMpletion and adoption of the PrOtOGGI Manual by the full City Council. County Center Drive Development Ad Hoc Subcomittee This subcommittee will provide land use and project review direction to staff on the potential development proposals on Ynez Road at the terminus of County Center Drive. The term of the subcommittee is through the development of properties at this location. 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 Northwest Corner of Diaz Road and Dendy Parkway. The term of this subcommittee is through the completion of the development or disposition of the property. Franchise Aqreements Ad Hoc Subcommittee — This subcommittee will review issues and proposed changes that arise in 2024 with the City's franchise agreements (solid waste, telecommunications, electricity, gas, water, etc.) and provide staff direction regarding the same. Related recommendations will be provided to the City Council by December 2024. 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 for Phase II and III. 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 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 and expansion of CSUSM in the City. Related recommendations will be provided to the City Council by December 2024. 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 the implementation of the development plan. Human Services Ad Hoc Subcommittee — This subcommittee will identify nonprofit stakeholders and evaluate services and programs related to special needs, homelessness, seniors, behavioral and mental health, etc., ensuring coordinated delivery to underrepresented/underserved segments of the community. This subcommittee will also review funding associated with these programs and services for Fiscal Year 2024-2025 and report back on its recommendations to the City Council by December 2024. 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 to 3 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. Police Base of Operations Ad Hoc Subcommittee — This subcommittee will work with staff to evaluate and discuss alternatives to the police base of operations located at the Southwest Station and related funding mechanisms. Related recommendations will be provided to the City Council by December 2024. 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 2024. Related recommendations will be provided to the City Council by December 2024. Public Recognitions Ad Hoc Subcommittee — This subcommittee reviews applications from the community to recognize various residents and businesses by providing them with a distinguished award of honor and/or other recognition beyond standard recognitions. The subcommittee will meet in September/October to review the annual nominations. Related recommendations will be provided to the City Council by December 2024. Public Safety Ad Hoc Subcommittee — This subcommittee will work with staff to evaluate and discuss the City's public safety operations, opportunities for efficiencies, and other related matters that arise in 2024. Related recommendations will be provided to the City Council by December 2024. Roripaugh Ranch (aka Sommers Bend) Ad Hoc Subcommittee — This subcommittee will monitor and report on the issues affecting the community facility district bonds, and development issues affecting the Roripaugh Ranch Specific Plan and the development now known as Sommers Bend. The term of this subcommittee is through the build out of the Roripaugh Ranch Specific Plan. Seraphina Property Ad Hoc Subcommittee — This subcommittee will provide staff direction on development proposals at the property located on the northeast corner of Joseph Road and Nicolas Road. The term of this subcommittee is through the completion and buildout of the project. Service Level Assessments Ad Hoc Subcommittee — This subcommittee will provide staff direction regarding landscape maintenance zones throughout the City, proposals 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 in December 2024. Strategic Fiscal Planning Ad Hoc Subcommittee —This subcommittee will provide direction regarding fiscal policies and strategies related to new revenue streams and a new User Fee Study. Related recommendations will be provided to the City Council by December 2024. 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 term of this subcommittee is through the expenditure of the available Affordable Housing bond proceeds. Trails and Open Space Ad Hoc Subcommittee — This subcommittee will provide direction on efforts underway to enhance and complete existing trails and connections, consider additional trail ways for 4 multi -purpose use including equestrian, pedestrian, and cycling. This subcommittee also provides direction on potential annexations of areas within the City's Sphere of Influence and potential purchase of permanent open space property. Related recommendations will be provided to the City Council by December 2024. TVE2 (Small Business Incubator) Ad Hoc Subcommittee —This subcommittee will evaluate policies and procedures related to incubator use, including the 2nd floor which is planned to become a regional Entrepreneurial Resource Center, a one -stop shop for business assistance. If requested, this subcommittee will also review applications from developing entrepreneurs for incubator use and selection in 2024-25. Related recommendations will be provided to the City Council by December 2024. Uptown Temecula Ad Hoc Subcommittee — This subcommittee will provide staff direction to analyze the potential urbanized extension of Old Town with increased commercial and corporate office opportunities, mixed use residential development, and the implementation of the Uptown Temecula Specific Plan and In -Lieu Road Fee. The term of this subcommittee is through the implementation and development of the Uptown Temecula Specific Plan. 5 Item No. 24 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Christapher Durham, Captain DATE: January 9, 2024 SUBJECT: Temecula Sheriff's Monthly Report (November 2023) PREPARED BY: RECOMMENDATION: Chris Mattson, Sergeant Receive and file. The following report reflects the Temecula Sheriff's Station activity for November 2023. PATROL SERVICES Overall calls for police service.................................................................................................5,654 "Priority One" calls for service......................................................................................................61 Average response time for "Priority One" calls.........................................................................5.65 VOLUNTEERS Chaplain.........................................................................................................................................82 Community Action Patrol (CAP) hours..................................................................................608.20 Reserve officer hours (patrol)........................................................................................................10 Explorer.....................................................................................................................................67.50 Station/Administration .....................................................................................................................9 Total Volunteer hours.............................................................................................................801.70 OLD TOWN STOREFRONT Total customers served.....................................................................................833 Fingerprints/Live Scan.....................................................................................249 Policereports filed..............................................................................................3 Citationssigned off..........................................................................................15 Totalreceipts...........................................................................................................................$7,454 CRIME PREVENTION Crime prevention/Neighborhood watch meetings...........................................................................0 Safety presentations/Training................................................................................0 Specialevents...................................................................................................................................5 Residential/Business security surveys conducted............................................................................0 Residences/Businesses visited for past crime follow-up.................................................................0 StationTours....................................................................................................................................0 Planning Review Projects.......................................................................................3 Temp Outdoor Use Permits....................................................................................8 SPECIAL TEAMS (CORE) ReportsWritten...............................................................................................24 Onsight felony arrests.....................................................................................................................3 On sight misdemeanor arrests................................................................................2 Felony arrest warrants served.................................................................................2 Misdemeanor arrest warrants served.............................................................................................34 AreaChecks.....................................................................................................60 CampChecks................................................................................................................................27 PedestrianChecks.....................................................................................................40 Traffic Stops/Vehicle Checks..................................................................................................... 2/1 Outreachattempts / Success...................................................................................................... 14/3 SPECIAL TEAMS (Metro District Team) Onsight, felony arrests.......................................................................................9 On sight, misdemeanor arrests.......................................................................................................18 Felony arrest warrants served.......................................................................................................... I Misdemeanor arrest warrants served .............................................................................................52 Bar/Business checks......................................................................................................................80 D.U.I. Arrests..................................................................................................................................4 Traffic/Parking citations.............................................................................................................218 FirearmsSeized................................................................................................ I SPECIAL TEAMS (Special Enforcement Team) Onsight felony arrests......................................................................................................................3 On sight misdemeanor arrests...........................................................................................................4 Felony arrest warrants served........................................................................................................... I Misdemeanor arrest warrants served................................................................................................5 Follow-up investigations/search warrants.....................................................................5 Parole/Probation Searches...............................................................................................................2 PedestrianChecks...................................................................................................2 Traffic Stops/Vehicle Checks.....................................................................................................12/5 Marijuana Dispensary Checks.........................................................................................................0 ROBBERY/BURGLARY SUPPRESSION TEAM BeginningCaseload.......................................................................................................................88 TotalCases Assigned......................................................................................................................8 TotalCases Closed........................................................................................................................I I Search Warrants prepared/served.................................................................................................13 Arrests..............................................................................................................................................6 Outof Custody Filings............................................................................................3 TRAFFIC Citations issued for hazardous violations....................................................................................752 Non -hazardous citations...............................................................................................................136 Parkingcitations...........................................................................................................................176 Stop Light Abuse/Intersection Program (S.L.A.P.) citations.........................................................73 Seatbelts.........................................................................................................................................21 CellPhone Cites...........................................................................................................................237 Injurycollisions.............................................................................................................................30 D.U.I. Arrests.................................................................................................................................30 Grant -funded D.U.I. Traffic safety checkpoints/saturation enforcement........................................0 Grant -funded traffic click it or ticket/traffic enforcement..............................................................2 INVESTIGATIONS BeginningCaseload.....................................................................................................................143 TotalCases Assigned....................................................................................................................28 TotalCases Closed........................................................................................................................39 Search Warrants prepared/served .................................................................................................35 Arrests.............................................................................................................................................. I Outof Custody Filings............................................................................................4 Sex Offenders Processed....................................................................................24 PROMENADE MALL TEAM Callsfor service...........................................................................................................................130 Felonyarrest/filings.........................................................................................................................2 Misdemeanor arrest/filings ............................................................................................................12 TrafficCitations..............................................................................................10 Total customers served................................................................................................................887 Fingerprints/Live Scans...............................................................................................................232 Totalreceipts............................................................................................ $6,747 SCHOOL RESOURCE DEPUTIES Felonyarrest.....................................................................................................................................2 Misdemeanor arrests........................................................................................................................6 Reports...........................................................................................................................................19 Citations.........................................................................................................................................28 Meetings/Presentations................................................................................................................122 REQUEST TO SPEAK FORMS, ELECTRONIC COMMENTS AND DOCUMENTS SUBMITTED FOR THE RECORD REQUEST TO SPEAK CITY OF TEMECULA Datq A e: Public Comment: Non -Agenda Item: Agenda Item: ❑ Future Agenda Item: Item Description or Item No. I _ \ , ��A_ — ° L` ' "I 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. M I ��Nl 2L / �,O �. nC\ Phone Number Address: 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. REQUEST TO SPEAK CITY OF TEMECULA Public Comment: Non -Agenda Item Agenda Item: ❑ Item Description or Item No. r)eel q I hJeagh Date: i I ` /2 `r Future Agenda Item* 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 Address Email address - If you are representing an organization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: � i q � 2�d Public Comment: Non -Agenda Item:00 Agenda Item: Future Agenda Item: Item Description or Item No. 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: I � ` W `l( ok- Phone Number: Address 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. /00101-7 �N_ REQUEST TO SPEAK CITY OF TEMECULA ((319811 Date: Public Comment: Non -Agenda Item:9Agenda Item: ❑- Future Agenda Item: Item Description or Item No. C IfJA-. 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 Me is called to speak, please come forward to the podium and state your name for the r Uv-_; Email add m I _ lj� 10 Ll Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. i 4,t Y 1 exe r-0 e- 14"1 4gr 0111, REQUEST TO SPEAK CITY OF TEMECULA C1989 Date: Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: Item Description or Item No. Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk Rrigr 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, peaker is called to speak, please come forward to the podium and state your name for the record. Name: Pa�4�4& Phone Number: (�`" 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. REQUEST TO SPEAK CITY OF TEMECULA 1989 ,1� Date: -) A t l z"f Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: ❑ Item Description or Item No Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for 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: 5'-e T1 QVfVGA/N Phone Number: Address: ! 9�m t' ,-- Z&= G a 4S:5"q 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. REQUEST TO SPEAK CITY OF TEMECULA 1989 DatTd q — e: Public Comment: Non -Agenda Item: ,ICJ Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No. JU Q_LINn 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 riior 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: ��C�U1 °Ll'lC'- VYl W lrl.t .OAS J j Phone Number: N' - �� J� e_MLCVCe_ Email address: ecty-,f 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. REQUEST TO SPEAK CITY OF TEMECULA Date: Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: Item Description or Item No 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: 11 S`7G [J U11/ �_'lci ✓l kit4, r,S Phone Number: Address 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. REQUEST TO SPEAK ' CITY OF TEMECULA 4W. ivxv Date: Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: Item Description or Item No 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: Lam_) rail &4 MO- 7I Phone Number Address 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. -- •II( REQUEST TO SPEAK -A i4 ; :A CITY OF TEMECULA rexy Cr T ' it Date: N) Public Comment: Non-Agenda Item: Agenda Item: Future Agenda Item: Item Description or Item No. 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. l 1 Name: 0 6 il\l 1 T t j I Phone Number: ?S I _ G/ Li— 0 C�C--j Address: 2 L/ L( - i `e r✓C Dr- c fd _C4 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. REQUEST TO SPEAK CITY OF TEMECULA 14N9 �JahDate: � /OG Public Comment: Non -Agenda Item: ❑ Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No. 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 reClrd. Name: 1 ' V 1. 0��r Phone Number: �" ✓! y �� 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. Public Comment REQUEST TO SPEAK CITY OF TEMECULA Date: Non -Agenda Item: ' Agenda Item: ❑ Future Agenda Item: ❑ Item Description or Item No. ' / / / (/1HA,;) Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for 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 Address: Email address: If you are representing an organization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA P O Date: Public Comment: Non -Agenda Item: Agenda Item: Future Agenda Item: ❑ Item Description or Item No. A � L� U / 7 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. 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Name: Lao Cam/ L&h )(rr 1 Phone Number Address 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. REQUEST TO SPEAK CITY OF TEMECULA rely 01 Date: t Z Public Comment: Non -Agenda Item: ❑ Agenda Item: / Future Agenda Item: ❑ Item Description or Item No, 1 I e c I,n 4 A fls a,(- W �I 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 Address Email address If you are representing an organization or group, please give the name. Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA texv % \_ Date: c -- Public Comment: Non -Agenda Item: ❑ " Agenda Item: VFuture Agenda Item. ❑ Item Description or Item No. � �Oo,_4 6f 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. '� l Address: ~ Email address: ` If you are representing an organization or g up, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. Public Comment REQUEST TO SPEAK CITY OF TEMECULA Date: � I � / Z-4 Non -Agenda Item: ❑ Agenda Item: [D'� Future Agenda Item: ❑ Item Description or Item No. V "'i se-o'i ��✓�� 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, )P—+'� O'('VIYAe Address: Email address: If you are representing an organization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. _ REQUEST TO SPEAK CITY OF TEMECULA �1989 Date: ! I p l Z 0 Zy Public Comment: Non -Agenda Item: ❑ Agenda Item: © Future Agenda Item: ❑ Item Description or Item No. V47-- /� C� AI Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for 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. 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Name: Address: Email address: If you are representing an organization or group, please give the name: Phone Number: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA Date: r.I. a Public Comment: Non -Agenda Item: ❑ Agenda Item: [�_/Future Agenda Item: ❑ Item Description or Item No. 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: C-011nor +h Phone Number: " Address: ,1"�CJ'� ,cfLL14, CYO 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. / 0- 0 �UN_ REQUEST TO SPEAK CITY OF TEMECULA Nl899 Date: ( 2. 4 Public Comment: Non -Agenda Item: Agenda Item: Zr/Future Agenda Item: ❑ Item Description or Item No. 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: L^ )VI 0 Address: Email address: or group, please give the name: Phone Number:` Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. PRseS'c) 1-q -- �2-1-I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 987 AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER The Board of Supervisors of the County of Riverside ordains as follows: Section 1. FINDINGS. The Board of Supervisors of Riverside County finds that the theft of catalytic converters has been an increasing problem in Riverside County in recent years. In the County, there were at least 200 reports of catalytic converter thefts in 2022 and, as of July 1, 2023, there were at least 316 reports by victims. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit. while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community. Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. This ordinance is necessary to provide the County a means to protect the public, deter this criminal activity and promote a more productive use of Riverside County resources. Section 2. PURPOSE. Catalytic converter theft is an increasing problem within Riverside County and causes significant financial damage to the victims. The purpose and intent of this ordinance is to curb the theft of catalytic converters throughout the County and to provide the County with reasonable means to address the impact on the community and the victims posed by increasing catalytic converter thefts. Section 3. AUTHORITY. In accordance with the California Constitution, Article XI, Section 17, a county may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws. Section 4. DEFINITIONS. As used in this ordinance, the following terms shall have the following meanings: COUNTY OF RIVERSIDE'S NOTICE OF MOTION AND MOTION TO DEPOSIT FUNDS AND ATTORNEY FEES 09.12.2023 3.5 18 19 20 21 22 23 24 25 26 27 28 Section 4. 1611 owing meanings: DEFINITIONS. As used in this ordinance, the following terms shall have the A. Board. The County of Riverside Board of Supervisors. B. Coun . The County of Riverside. C. Catalytic converter. Any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less -toxic pollutants. 1). Documentation or other proof. Written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents: 1. Bill of sale from the original owner with photographs. 2. Verifiable documentation from an auto -body shop proving the owner relinquished the catalytic converter to the auto -body shop. 3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter. 4. Photographs of the vehicle from which the catalytic converter originated. 5. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver's license number of registered vehicle owner. E. Lawful Possession. This term includes: (1) being the lawful owner of the catalytic converter or (2) being in possession of the catalytic converter with the lawful owner's verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is an Unlawful Possession. F. Enforcement Officer. The Sheriff, the Transportation and Land Management Agency Director, Building Official, Code Enforcement Official, County Counsel, or District Attorney, and their designees. ORDINANCE NO.987 AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF n CATALYTIC CONVERTER 1 4 6 7 8 9 10 11 I�' l� 14 1> 10 17 18 19 20 21 22 23 24 25 26 27 29 Section 5. UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER. Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not attached to a vehicle unless the person has a verifiable valid proof of ownership of the catalytic Iconverter. A. This section does not apply to a detached catalytic converter that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act, as they may be amended from time to time. B. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show valid proof of ownership. C. Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one's possession and/or by the condition of the dismantled catalytic converter(s), including but not limited to, the manner a catalytic converter has been detached or cut from a vehicle. Section 6. VIOLATIONS AND ENFORCEMENT. A. Misdemeanor Penalty. Any person who violates any provision of this ordinance is guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for a term not exceeding one year, or by both. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of one thousand dollars ($1,000) and by imprisonment in the County jail for one year. B. State Penalties Apply. Nothing in this ordinance shall be intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters. ORDINANCE NO. 987 AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL. POSSESSION OF A CATALYTIC CONVERTER 2 4 6 7 K lU 11 a 21 22 23 24 25 26 27 28 C. Administrative Civil Penalty. In addition to any other penalties provided by law, whenever an Enforcement Officer determines a violation of this ordinance has occurred, the Enforcement Officer shall have the authority to issue an administrative citation with an administrative civil penalty to any person responsible for the violation. Any administrative civil penalty shall be one thousand dollars ($1,000) for the first offense, two thousand dollars ($2,000) for the second offense within thirty-six (36) months, and five thousand dollars ($5,000) for each subsequent offense within thirty-six (36) months. The administrative citation shall contain the following information: (1) date, location and approximate time the violation was observed; (2) the amount of the administrative civil penalty imposed for the violation; (3) instructions for the payment of the administrative civil penalty, the time period by which it shall be paid, and the consequences of failure to pay the administrative civil penalty within this time; (4) instructions on how to appeal the administrative citation; and (5) the signature of the Enforcement Officer. The failure of the administrative citation to set forth all required contents shall not affect the validity of the administrative citation or any proceedings to enforce said citation. The administrative civil penalty may be imposed via the administrative process set forth in this ordinance or may be imposed by the court if the violation requires court enforcement without an administrative process. D. Separate Offenses. Acts, omissions, or conditions in violation of this ordinance that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this ordinance. A person is deemed guilty of a separate offense for each and every violation of this ordinance, or any portion thereof. Likewise, a person shall be ORDINANCE NO.987 AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER -4 6 111 11 12 13 14 15 16 17 18 19 20 ,l 23 24 25 26 27 28 deemed guilty of a separate offense for each and every catalytic converter in the person's possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter. Section 7. APPEAL OF ADMINISTRATIVE CIVIL PENALTIES. A. Notice of Appeal. The recipient of an administrative citation may appeal its validity by filing a written notice of appeal with the County department that issued the administrative citation. The written notice of appeal must be filed within twenty (20) calendar days of service of the administrative citation. The notice of appeal shall be accompanied by either an advance deposit of the administrative civil penalty imposed in the administrative citation or a request for advance deposit hardship waiver as set forth below. Failure to properly file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted on a form provided by the County department that issued the administrative citation and shall contain the following information: (1) a brief statement setting forth the appellant's interest in the proceedings; (2) a brief statement of the material facts which the appellant claims support a contention that no violation exists and that no administrative civil penalty should be imposed or that an administrative civil penalty of a different amount is warranted; (3) an address at which the appellant agrees that notice of any additional proceeding or an order relating to the imposition of the administrative civil penalty may be received by mail; and (4) the notice of appeal must be signed by the appellant under penalty of perjury. B. Advance Deposit Hardship Waiver. Any person filing a notice of appeal to contest an administrative citation and who is financially unable to make the advance deposit of the administrative civil penalty as required may submit a request for advance deposit hardship waiver with the notice of appeal. The request for advance deposit hardship waiver shall be filed with the County department that issued (lie ORDINANCE NO. 987 AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER �l 5 6 7 8 9 1O 11 l� 1) 14 1 �+ 10 17 is 1 () 20 21 22 23 24 25 26 27 28 administrative citation on a form provided by the same County department. The request shall be documented by a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the Enforcement Officer the person's actual financial inability to deposit the full amount of the administrative civil penalty in advance of the hearing. The requirement of depositing the full amount of the administrative civil penalty shall be stayed for ten (10) calendar days pending a determination by the Enforcement Officer of the approval or denial of the request for advance deposit hardship waiver. The Enforcement Officer shall issue a written determination stating the approval or listing the reasons for the denial of the request for advance deposit hardship waiver. The written determination shall be mailed to the appellant at the address provided in the request. If the Enforcement Officer denies a request for advance deposit hardship waiver, the appellant shall remit the deposit to the County within fifteen (15) calendar days of the date of mailing notice of the denial. The written determination of the Enforcement Officer on this matter shall be final. C. Hearing on Appeal of Administrative Citation. Upon receipt of a timely filed notice of appeal of an administrative citation with an administrative civil penalty, an appeal hearing to consider the issuance of the administrative civil penalty shall be held before the County Hearing Officer, appointed by the Board of Supervisors pursuant to Ordinance No. 643 and Government Code section 27720. At the time fixed in the notice of hearing, the County Hearing Officer shall receive evidence from the Enforcement Officer and the appellant regarding the violation of prohibitions contained in Section 5 of this ordinance, as well as any facts the appellant claims support a contention that no violation exists and that no administrative civil penalty should be imposed or that an administrative civil penalty of a different amount is warranted. In conducting the hearing, the County Hearing Officer shall not be ORDINANCE NO.987 AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER 1 4 0 7 8 9 10 11 12 13 1-4 1 10 17 1s 19 20 21 22 23 24 20 27 8 limited by the technical rules of evidence. Failure of the appellant to appear shall not affect the validity of the proceedings or order issued thereon. D. County Hearing Officer's Decision. The County Hearing Officer shall issue a written decision following the appeal hearing, which shall be issued to the appellant at the appellant's address set forth in the notice of appeal. If the administrative citation is determined to have been valid at the time of its issuance, the County Hearing Officer shall affirm the administrative civil penalty amount pursuant to subsection C. of Section 6 of this ordinance, and order said penalty to be paid within fifteen (15) calendar days of issuance of the County Hearing Officer's decision. The County Hearing Officer's decision shall contain instructions for obtaining judicial review of the decision as set forth below. E. Judicial Review of County Hearing Officer's Decision on Administrative Civil Penalty. Within twenty (20) calendar days of the date of issuance of the filial decision of the County Hearing Officer, the appellant may contest the County Hearing Officer's decision by filing an appeal in the Riverside County Superior Court pursuant to Government Code section 53069.4. The fee for filing the appeal is specified in Government Code section 70615 ($25.00 as of the effective date of this ordinance) and shall be paid to the Clerk of the Court. The failure to file the written appeal and to pay the filing fee within this period shall constitute a waiver of the right to an appeal, and the County Hearing Officer's decision shall be deemed final and confirmed. A copy of the notice of appeal of the County Hearing Officer's Decision filed in the Riverside County Superior Court shall be served in person or by first class mail upon the County Department that issued the administrative citation by the appellant. The conduct of the appeal hearing is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the Presiding Judge of the Riverside County Superior Court. The appeal shall be heard de novo, and the contents of the file of the County 7 ORDINANCE NO.987 AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER 1 .4 l 6 7 8 4) ir) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Department that issued the administrative citation shall be received into evidence. A copy of the administrative citation and the Hearing Officer's Decision shall be admitted into evidence as prima facie evidence of the facts stated therein. The Court shall request that the County Department's file be forwarded to the Court, to be received within fifteen (15) calendar days of the request. The Court shall retain the fee for filing the appeal regardless of the outcome of the appeal. If the Court finds in favor of the appellant, the amount of the fee shall be reimbursed to the appellant by the County in accordance with the judgment of the Court. If the penalty has not been deposited and the decision of the Court is against the appellant, the County Department that issued the administrative civil penalty may proceed to collect the penalty using all means available under the law. Section 8. NON-EXCLUSIVE REMEDIES AND PENALTIES. All remedies and penalties for violations of the prohibitions in this ordinance shall be cumulative and not exclusive. Enforcement by use I of any administrative, criminal or civil action, citation or administrative proceeding or abatement remedy does not preclude the use of additional citations or other remedies as authorized by other ordinance or law. I Enforcement remedies may be employed concurrently or consecutively. Conviction and punishment of or enforcement against any person hereunder shall not relieve such person from the responsibility of correcting, removing or abating a violation, nor prevent the enforced correction, removal or abatement thereof. Section 9. SEVERABILITY. The provisions of this ordinance are separate and severable. If any provision of this ordinance is for any reason held by a court to be unconstitutional or invalid, the Board declares that it would have passed this ordinance irrespective of the invalidity of the provision held to be unconstitutional or invalid. Such unconstitutionality or invalidity shall therefore not affect the remaining provisions of this ordinance, or the validity of its application to other persons or circumstances. ORDINANCE NO.987 AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER .4 5 6 7 8 9 10 11 12 14 Is 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 10. EFFECTIVE DATE. This ordinance shall take cl'icct thirty (30) days from the date of adoption. BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA By:- KEVIN JEFFRIES, Chair County of Riverside Board of Supervisors ATTEST: CLERK OF THE BOARD KIMBERLY A. RECTOR By: Aeputy, dieX of the Board ( SEAL) APPROVED AS TO FORM.- MINH C. TRAN County Counsel Kelly Moran Chief Deputy County Counsel 9 ORDINANCE NO.987 AN ORDINANCE OF THE COUNTY OF RIVERSIDE RELATING TO THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER S F P 12 2023 �-, Subject: FW: TEMECULA CITY COUNCIL REGULAR MEETING Public comments From: Mark Goodacre< Sent:Tuesday,January 9, 2024 2:33 PM To:Council Comments<CouncilComments@TemeculaCA.gov> Subject:TEMECULA CITY COUNCIL REGULAR MEETING Public comments CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. All- I was hoping to make the meeting tonight, and may still be able to, but in the chance I can't, I wanted to put on record,the questions I have regarding the processes each of you are obligated of fulfill when considering approving or disapproving the expansion of a facility in our City,where mentally, emotionally and physically ill people will be transported to and dropped off for treatment? I think we all understand and can read the Subsequent Environmental Impact Report online, but nowhere in that report does it address the potential criminal aspect of allowing this type of facility to be built and operated here. I assume,with public safety being paramount to your decision making, I would like to hear what each of you have done to investigate the possibility of a rise in crime, homelessness, drug addicts on our streets, and this facility becoming a magnet for illicit drug users who,will be briefly treated here,then released into our community? I'm sure law enforcement was consulted in areas where similar facilities are located and are operating, as a way to determine what impacts these types of facilities have had on the communities. Is this correct? Please articulate what you have discovered in these cases?If you have not done any investigation yet,will you? Have you spoken to other city leaders where these are operating, and more importantly to cities where they are not and ask them,why? If you have not done this yet,will you commit to doing so? Profits and Jobs are all great, but not at the sacrifice of public safety and community standards,which are areas that need to be considered, above all else. Lastly,each of you have been elected to represent the constitruents of your areas. Have youj had meeting with them,as a way to put your finger on the pulse of the community, regarding this? If not,why not?Will you in the future? Hope to see you tonight. Mark Goodacre American Freightways 10845 Rancho Bernardo Rd, Ste.100, San Diego, CA 92127 O: 858.217.3330 i F: 858.217.3331 E: mgoodacre(c afwy.net www.americanfreightways.net 2