Road Name: Ethanac Rd.
Scenario: EP1
13,488
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 1,349 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
-1.52
VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -18.76 -4.08 -1.20 0.000 0.000
86.40 -22.72 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
65.0 63.0 61.6 55.6 64.764.1
58.4 58.4
54.5 47.0 55.7 61.961.9
54.4 50.9 55.6 61.961.8
Vehicle Noise: 66.5 64.0 62.1 60.4 67.867.5
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
68 146 679315
71 154 714332
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: w/o Murrieta Rd.
Road Name: Ethanac Rd.
Scenario: EP2
13,518
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 1,352 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
-1.51
VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -18.75 -4.08 -1.20 0.000 0.000
86.40 -22.71 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
65.0 63.0 61.7 55.6 64.764.1
58.4 58.4
54.5 47.0 55.7 61.961.9
54.4 51.0 55.6 61.961.8
Vehicle Noise: 66.6 64.0 62.1 60.4 67.867.5
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
68 147 680316
72 154 716332
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: w/o Murrieta Rd.
Road Name: Ethanac Rd.
Scenario: OY
21,240
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 2,124 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
0.45 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -16.79 -4.08 -1.20 0.000 0.000
86.40 -20.75 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
66.9 64.9 63.6 57.6 66.766.0
60.3 60.4
56.4 48.9 57.7 63.963.9
56.3 52.9 57.6 63.963.8
Vehicle Noise: 68.5 66.0 64.1 62.4 69.869.5
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
92 198 919427
97 208 967449
Friday, August 1, 2025
Item Title: 11.2
Appeal of the Murrieta Road Warehouse Project
Item Page Number: 833
Menifee Mayor and City Council
June 17, 2026
Page
1453 of 1562
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: w/o Murrieta Rd.
Road Name: Ethanac Rd.
Scenario: OYP1
21,528
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 2,153 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
0.51 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -16.73 -4.08 -1.20 0.000 0.000
86.40 -20.69 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
67.0 65.0 63.7 57.7 66.766.1
60.4 60.4
56.5 49.0 57.7 63.963.9
56.4 53.0 57.6 63.963.8
Vehicle Noise: 68.6 66.1 64.2 62.4 69.869.5
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
93 200 928431
98 210 976453
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: w/o Murrieta Rd.
Road Name: Ethanac Rd.
Scenario: OYP2
21,558
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 2,156 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
0.51 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -16.72 -4.08 -1.20 0.000 0.000
86.40 -20.68 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
67.0 65.0 63.7 57.7 66.766.1
60.4 60.4
56.5 49.0 57.7 64.063.9
56.4 53.0 57.6 63.963.8
Vehicle Noise: 68.6 66.1 64.2 62.5 69.869.5
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
93 200 929431
98 210 977453
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Murrieta Rd.
Road Name: Ethanac Rd.
Scenario: E
15,260
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 1,526 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
-0.99
VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -18.23 -4.08 -1.20 0.000 0.000
86.40 -22.18 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
65.5 63.5 62.2 56.2 65.264.6
58.9 58.9
55.0 47.5 56.2 62.562.4
54.9 51.5 56.1 62.462.3
Vehicle Noise: 67.1 64.6 62.7 61.0 68.368.0
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
74 159 737342
78 167 776360
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Murrieta Rd.
Road Name: Ethanac Rd.
Scenario: EP1
15,462
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 1,546 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
-0.93
VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -18.17 -4.08 -1.20 0.000 0.000
86.40 -22.12 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
65.6 63.6 62.2 56.2 65.364.6
59.0 59.0
55.1 47.5 56.3 62.562.5
54.9 51.5 56.2 62.562.4
Vehicle Noise: 67.1 64.6 62.7 61.0 68.468.1
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
74 160 744345
78 169 783363
Friday, August 1, 2025
Item Title: 11.2
Appeal of the Murrieta Road Warehouse Project
Item Page Number: 834
Menifee Mayor and City Council
June 17, 2026
Page
1454 of 1562
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Murrieta Rd.
Road Name: Ethanac Rd.
Scenario: EP2
15,462
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 1,546 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
-0.93
VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -18.17 -4.08 -1.20 0.000 0.000
86.40 -22.12 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
65.6 63.6 62.2 56.2 65.364.6
59.0 59.0
55.1 47.5 56.3 62.562.5
54.9 51.5 56.2 62.562.4
Vehicle Noise: 67.1 64.6 62.7 61.0 68.468.1
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
74 160 744345
78 169 783363
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Murrieta Rd.
Road Name: Ethanac Rd.
Scenario: OY
36,860
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 3,686 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
2.84 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -14.40 -4.08 -1.20 0.000 0.000
86.40 -18.35 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
69.3 67.3 66.0 60.0 69.068.4
62.7 62.8
58.8 51.3 60.1 66.366.2
58.7 55.3 60.0 66.366.2
Vehicle Noise: 70.9 68.4 66.5 64.8 72.271.8
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
133 286 1,328616
140 301 1,397648
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Murrieta Rd.
Road Name: Ethanac Rd.
Scenario: OYP1
37,715
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 3,772 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
2.94 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -14.30 -4.08 -1.20 0.000 0.000
86.40 -18.25 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
69.4 67.4 66.1 60.1 69.168.5
62.8 62.9
58.9 51.4 60.2 66.466.3
58.8 55.4 60.1 66.466.3
Vehicle Noise: 71.0 68.5 66.6 64.9 72.371.9
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
135 290 1,348626
142 306 1,418658
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Murrieta Rd.
Road Name: Ethanac Rd.
Scenario: OYP2
37,715
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 3,772 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
2.94 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -14.30 -4.08 -1.20 0.000 0.000
86.40 -18.25 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
69.4 67.4 66.1 60.1 69.168.5
62.8 62.9
58.9 51.4 60.2 66.466.3
58.8 55.4 60.1 66.466.3
Vehicle Noise: 71.0 68.5 66.6 64.9 72.371.9
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
135 290 1,348626
142 306 1,418658
Friday, August 1, 2025
Item Title: 11.2
Appeal of the Murrieta Road Warehouse Project
Item Page Number: 835
Menifee Mayor and City Council
June 17, 2026
Page
1455 of 1562
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: w/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: E
14,650
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 1,465 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
-1.16
VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -18.40 -4.08 -1.20 0.000 0.000
86.40 -22.36 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
65.3 63.3 62.0 56.0 65.064.4
58.7 58.8
54.8 47.3 56.1 62.362.2
54.7 51.3 56.0 62.362.2
Vehicle Noise: 66.9 64.4 62.5 60.8 68.267.8
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
72 155 718333
75 163 755350
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: w/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: EP1
15,505
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 1,551 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
-0.92
VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -18.16 -4.08 -1.20 0.000 0.000
86.40 -22.11 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
65.6 63.6 62.2 56.2 65.364.7
59.0 59.0
55.1 47.6 56.3 62.562.5
55.0 51.6 56.2 62.562.4
Vehicle Noise: 67.2 64.6 62.7 61.0 68.468.1
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
75 161 745346
78 169 784364
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: w/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: EP2
15,505
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 1,551 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
-0.92
VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -18.16 -4.08 -1.20 0.000 0.000
86.40 -22.11 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
65.6 63.6 62.2 56.2 65.364.7
59.0 59.0
55.1 47.6 56.3 62.562.5
55.0 51.6 56.2 62.562.4
Vehicle Noise: 67.2 64.6 62.7 61.0 68.468.1
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
75 161 745346
78 169 784364
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: w/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: OY
36,220
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 3,622 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
2.77 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -14.47 -4.08 -1.20 0.000 0.000
86.40 -18.43 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
69.3 67.2 65.9 59.9 69.068.3
62.6 62.7
58.8 51.2 60.0 66.266.2
58.6 55.2 59.9 66.266.1
Vehicle Noise: 70.8 68.3 66.4 64.7 72.171.8
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
131 283 1,312609
138 297 1,380641
Friday, August 1, 2025
Item Title: 11.2
Appeal of the Murrieta Road Warehouse Project
Item Page Number: 836
Menifee Mayor and City Council
June 17, 2026
Page
1456 of 1562
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: w/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: OYP1
37,075
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 3,708 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
2.87 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -14.37 -4.08 -1.20 0.000 0.000
86.40 -18.33 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
69.4 67.3 66.0 60.0 69.168.4
62.7 62.8
58.9 51.3 60.1 66.366.3
58.7 55.3 60.0 66.366.2
Vehicle Noise: 70.9 68.4 66.5 64.8 72.271.9
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
133 287 1,333619
140 302 1,402651
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: w/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: OYP2
37,075
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 3,708 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
2.87 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -14.37 -4.08 -1.20 0.000 0.000
86.40 -18.33 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
69.4 67.3 66.0 60.0 69.168.4
62.7 62.8
58.9 51.3 60.1 66.366.3
58.7 55.3 60.0 66.366.2
Vehicle Noise: 70.9 68.4 66.5 64.8 72.271.9
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
133 287 1,333619
140 302 1,402651
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: E
21,600
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 2,160 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
0.52 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -16.72 -4.08 -1.20 0.000 0.000
86.40 -20.67 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
67.0 65.0 63.7 57.7 66.766.1
60.4 60.4
56.5 49.0 57.8 64.063.9
56.4 53.0 57.6 63.963.8
Vehicle Noise: 68.6 66.1 64.2 62.5 69.969.5
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
93 200 930432
98 211 978454
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: EP1
22,455
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 2,246 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
0.69 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -16.55 -4.08 -1.20 0.000 0.000
86.40 -20.50 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
67.2 65.2 63.9 57.8 66.966.3
60.6 60.6
56.7 49.2 57.9 64.164.1
56.6 53.2 57.8 64.164.0
Vehicle Noise: 68.8 66.2 64.3 62.6 70.069.7
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
95 206 954443
100 216 1,004466
Friday, August 1, 2025
Item Title: 11.2
Appeal of the Murrieta Road Warehouse Project
Item Page Number: 837
Menifee Mayor and City Council
June 17, 2026
Page
1457 of 1562
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: EP2
22,455
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 2,246 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
0.69 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -16.55 -4.08 -1.20 0.000 0.000
86.40 -20.50 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
67.2 65.2 63.9 57.8 66.966.3
60.6 60.6
56.7 49.2 57.9 64.164.1
56.6 53.2 57.8 64.164.0
Vehicle Noise: 68.8 66.2 64.3 62.6 70.069.7
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
95 206 954443
100 216 1,004466
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: OY
52,610
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 5,261 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
4.39 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -12.85 -4.08 -1.20 0.000 0.000
86.40 -16.81 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
70.9 68.9 67.6 61.5 70.670.0
64.3 64.3
60.4 52.9 61.6 67.867.8
60.3 56.9 61.5 67.867.7
Vehicle Noise: 72.5 69.9 68.0 66.3 73.773.4
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
168 363 1,683781
177 381 1,770822
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: OYP1
53,465
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 5,347 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
4.46 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -12.78 -4.08 -1.20 0.000 0.000
86.40 -16.74 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
70.9 68.9 67.6 61.6 70.770.0
64.3 64.4
60.4 52.9 61.7 67.967.9
60.3 56.9 61.6 67.967.8
Vehicle Noise: 72.5 70.0 68.1 66.4 73.873.5
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
170 367 1,701790
179 386 1,790831
Friday, August 1, 2025
FHWA-RD-77-108 HIGHWAY NOISE PREDICTION MODEL (9/12/2021)
SITE SPECIFIC INPUT DATA
Project Name: Murrieta Road Warehouse
Job Number: 15382
Road Segment: e/o Barnett Rd.
Road Name: Ethanac Rd.
Scenario: OYP2
53,465
10.00%
100.0
NOISE MODEL INPUTS
Average Daily Traffic (Adt):
Peak Hour Percentage:
Peak Hour Volume: 5,347 vehicles
Centerline Dist. to Barrier:
100.0Centerline Dist. to Observer:
Highway Data
feet
feet
vehicles
Road Elevation: 0.0
Road Grade: 0.0%
Pad Elevation: 0.0
Site Data
Site Conditions (Hard = 10, Soft = 15)
Medium Trucks (2 Axles): 15
Heavy Trucks (3+ Axles): 15
Autos: 15
Vehicle Mix
feet
feet Lane Equivalent Distance (in feet)
Barrier Height: 0.0
Observer Height (Above Pad): 5.0 feet
feet
55 mphVehicle Speed:
Near/Far Lane Distance: 78 feet
REMEL Traffic Flow Distance
4.46 VehicleType Day Evening Night Daily
Medium Trucks:
Heavy Trucks:
Autos: 75.6% 14.0% 10.5% 97.42%
48.9% 2.2% 48.9% 1.84%
47.3% 5.4% 47.3% 0.74%
-4.09
Finite Road
-1.20
Left View: -90.0
Right View: 90.0
degrees
degrees
Barrier Atten
FHWA Noise Model Calculations
0.0Barrier Distance to Observer: feet
Barrier Type (0-Wall, 1-Berm): 0.0
0.000 0.000
Fresnel Berm Atten
Medium Trucks:
Heavy Trucks:
Autos:
VehicleType
82.40 -12.78 -4.08 -1.20 0.000 0.000
86.40 -16.74 -4.08 -1.20 0.000 0.000
-4.77
-4.88
-5.16
Medium Trucks:
Heavy Trucks:
Autos:
71.78 Noise Source Elevations (in feet)
Medium Trucks:
Heavy Trucks:
Autos: 0.000
2.297
8.004
92.217
92.121
92.130
Grade Adjustment: 0.0
Unmitigated Noise Levels (without Topo and barrier attenuation) Medium Trucks:
Heavy Trucks:
Autos:
VehicleType Leq Peak Hour Leq Day Leq Evening Leq Night CNELLdn
70.9 68.9 67.6 61.6 70.770.0
64.3 64.4
60.4 52.9 61.7 67.967.9
60.3 56.9 61.6 67.967.8
Vehicle Noise: 72.5 70.0 68.1 66.4 73.873.5
Centerline Distance to Noise Contour (in feet)
CNEL:
Ldn:
70 dBA 65 dBA 55 dBA60 dBA
170 367 1,701790
179 386 1,790831
Friday, August 1, 2025
Item Title: 11.2
Appeal of the Murrieta Road Warehouse Project
Item Page Number: 838
Menifee Mayor and City Council
June 17, 2026
Page
1458 of 1562
16570-05 Noise Eval Murrieta and Ethanac
This page intentionally left blank
Item Title: 11.2
Appeal of the Murrieta Road Warehouse Project
Item Page Number: 839
Menifee Mayor and City Council
June 17, 2026
Page
1459 of 1562
NOTICE OF PUBLIC HEARING
TIME OF HEARING: June 17, 2026
DATE OF HEARING: 6:00 p.m. or as soon thereafter as possible PLACE OF HEARING: MENIFEE CITY COUNCIL CHAMBERS
29844 Haun Road, Menifee, CA 92586
A PUBLIC HEARING has been scheduled, pursuant to the City of Menifee Municipal Code, before the CITY OF MENIFEE CITY COUNCIL to consider the project shown below:
Project Title: Appeal No. PLN 24-0214 of the Planning Commission decision for the “Murrieta Road Warehouse Project” – Plot Plan No. PLN 22-0179 – Environmental Impact Report (EIR) (State Clearinghouse Number #2023110162)
Project Location: The Project is generally located south of Floyd Avenue, east of Geary Street, west of Murrieta Road, and north of McLaughlin Road within the City of Menifee (City), County of Riverside, State of California (Assessor Parcel Numbers [APNs]: 330-210-010, -011, -013, and -062, 330-560-001 through 330-560-040, 330- 570-001 through 330-570-033, and 330-571-001 through 330-571-005).
General Plan Land Use and Zoning:
Economic Development Corridor – Northern Gateway (EDC-NG)
The City Council will consider the following project at a public hearing:
On October 23, 2024, the Planning Commission held a duly noticed public hearing and made a motion to approve Plot Plan No. PLN 22-0179 along with the related environmental analysis. However, that motion failed by a 2-to- 3 vote and, therefore, the Project was not approved. On October 31, 2024, the City received an application from the property owner, IPT Menifee CC, LLC, appealing the Planning Commission decision. On December 4, 2024, the City Council continued the public hearing for this Project off calendar.
Plot Plan No. No. PLN 22-0179 includes development of an approximately 517,720-square-foot (SF) speculative warehouse building. The environmental analysis includes a development buffer to account for final design changes, equivalent to three percent of the building square footage, or 15,532 SF, which would result in a building area of 533,252 SF and a floor area ratio of 0.50. The 533,252 SF warehouse building would include approximately 20,320 SF of ground floor office space, 7,000 SF of mezzanine office space, and 505,932 SF of warehouse space, Item Title: 11.2
Appeal of the Murrieta Road Warehouse Project
Item Page Number: 840
Menifee Mayor and City Council
June 17, 2026
Page
1460 of 1562
and would be approximately 55 feet tall. Additional improvements include a parking lot and loading docks, ornamental landscaping, associated onsite infrastructure, and construction of offsite street improvements.
The Project would include 90 dock-high doors and 4 grade-level truck doors. Approximately 128 trailer parking spaces would be provided in the northern truck court and 64 trailer parking spaces would be provided in the southern truck court, within areas sec ured by sliding gates. The proposed Project would also provide 409 passenger car parking spaces. Access to the proposed Project would be provided via two driveways from Geary Street and three driveways from Murrieta Road.
The Project would also include approximately 137,363 SF of ornamental landscaping that would cover 11.0 percent of the site. The proposed Project includes an approximately 14-foot-high retaining and screen wall along the interior of the northern and southern truck courts (outside facing wall would be 8 feet high with a landscaping berm), which would taper to a 6-foot-high screen wall along the northern property line outside of the truck court.
The Project would include approximately 4.5 acres (approximately 1.5 linear miles) of construction improvements in the form of roadway and utility improvements.
Environmental Information: Additional environmental review of the appealed Project is not required. On May 24, 2024, a Notice of Availability of the Draft EIR was sent to Responsible and Trustee Agencies and mailed to surrounding property owners and non-owner residents within 500 feet of the project site, stating that copies of the Draft EIR were available for public review on the City’s website, at the City of Menifee City Hall, the Sun City Library and Menifee Library. The public review period was for the State-mandated 45 days from May 24, 2024, through July 8, 2024. Analysis presented in the Draft EIR indicated the proposed project would have certain significant and unavoidable greenhouse gas and noise impacts. The D raft EIR also presented mitigation measures, which would reduce project -specific and cumulative impacts. All other environmental effects evaluated in the D raft EIR are considered less than significant or can be successfully mitigated below the applicable significance thresholds.
On October 13, 2024, a Notice of Availability of the Final EIR was sent to Responsible and Trustee Agencies and mailed to surrounding property owners and non-owner residents within 500 feet of the project site. The Final EIR responded to comments and included text revisions to the D raft EIR in response to input received on the Draft EIR. Unlike the Draft EIR, the City is not required to respond to comments on the Final EIR. If written comments are received, they will be provided to the City Council as part of the staff report for the Project. The Draft and Final EIR will be submitted to the City Council for requested certification and action on the Project.
The Draft and Final EIR are available on the City of Menifee Community Development Department website:
https://www.cityofmenifee.us/325/Environmental-Notices-Documents. A hard copy of the Draft and Final EIR can be viewed at: Menifee City Hall – 29844 Haun Road, Menifee, CA 92586.
The Project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (California Department of Toxic Substances Control list of various hazardous sites).
Any person wishing to comment on the proposed Project may do so in writing between the date of this notice and the public hearing and be heard at the time and place noted above. All comments must be received prior to the time of the public hearing. All such comments will be submitted to the City Council Commission, and the City Council will consider such comments, in addition to any oral testimony, before making a decision on the proposed Project.
If this Project is challenged in court, the issues may be limited to those raised at the public hearing, described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Be advised that as a result of public hearings and comments, the City Council may amend, in whole or in part, the proposed Project. Accordingly, the designations, development standards, design or improvements, or any properties or lands within the boundaries of the proposed Project, may be changed in a way other than specifically proposed.
For further information regarding this project or to provide written correspondence, please contact Ryan Fowler at (951) 723-3740 or e-mail [email protected].
Item Title: 11.2
Appeal of the Murrieta Road Warehouse Project
Item Page Number: 841
Menifee Mayor and City Council
June 17, 2026
Page
1461 of 1562
CITY OF MENIFEE COMMUNITY DEVELOPMENT DEPARTMENT
Attn: Ryan Fowler, Principal Planner
29844 Haun Road
Menifee, CA 92586
Item Title: 11.2
Appeal of the Murrieta Road Warehouse Project
Item Page Number: 842
Menifee Mayor and City Council
June 17, 2026
Page
1462 of 1562
CITY OF MENIFEE
SUBJECT: Public Safety Community Facilities District
MEETING DATE: June 17, 2026
TO: Mayor and City Council
PREPARED BY: Margarita Cornejo, Director of Strategic Programs and Initiatives
REVIEWED BY: Travis Hickey, Chief Financial Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Adopt a resolution authorizing staff to proceed with the formation of a Public Safety Community Facilities District (CFD); and
2. Adopt the amended City Council Policy CC-20 Special Assessment and Community Facilities District Goals and Policies.
DISCUSSION
From 2015 to 2025, the City of Menifee has seen its population grow from 85,385 to 115,315, including the additional approval of 9,938 residential units, with an approximate 6,410 developed, during the last decade. The quality of life the community offers, integral of which is providing responsive public safety services, is a driving reason why more families continuously elect to make Menifee their hometown; and maintaining the same level of public safety, without adversely impacting other city services, for current and future residents is an important focus for the City.
As the City welcomes new residents, it will continue to prioritize supporting both a thriving economy and safe and vibrant community as strategic priorities by incorporating and fostering smart growth, from all aspects including, physical and fiscally sustainable perspectives.
As an option to support these areas of strategic priority, the City Council discussed and provided feedback on the City moving forward with establishing a Public Safety CFD at a special workshop held on January 21, 2026. The purpose of the CFD is to help fund essential City services for residential development, and more specifically help ensure new residential development provides the necessary long-term revenue to support increased public safety needs.
At the workshop, the City Council received a presentation on the legal requirements for establishing a CFD under the Mello-Roos Community Facilities Act of 1982 (Government Code Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 1
Menifee Mayor and City Council
June 17, 2026
Page
1463 of 1562
City of Menifee Staff Report
Public Safety Community Facilities District (CFD)
June 17, 2026
3 3
7 3
§53311 et seq.), the Fiscal Impact Analysis completed to determine recommended annual rates for single family residential, and multi-family residential projects, annual adjustments to the rates, and information on implementation steps that would be required to move forward. The City Council expressed support for moving forward with the formation of a Public Safety CFD to provide the funding needed for increasing costs of public safety resulting from new developments within the City.
Following the January 2026 workshop, a discussion item was presented at the May 20, 2026 regular council meeting, delineating the role of a Public Safety CFD on ensuring future residential development would fiscally support the additional impact to public safety services, and requesting formal approval from City Council to move forward with next steps to formation of such CFD.
If implemented, the Public Safety CFD will not increase the effective tax rate above 2%. Instead, it will be a component of the various special assessments levied against new residential properties (single and multi-family unit). By holding the tax rate constant, this in turn will impact the funding amount of facilities that could be financed by a developer through a Facilities CFD. Facilities CFD, which generally are levied at a larger amount than the Public Safety CFD, would eventually fall off the tax bill, estimated at 30 years or so, while the Public Safety CFD will be an on-going special tax used to support on-going public safety needs.
Building Industry Association (BIA) Feedback
At the May 20 th meeting, the City Council received a request from the Building Industry Association (BIA) of Southern California, Riverside County Chapter, to have more time to review the City’s proposed Public Safety CFD and the underlying FIA used to develop the proposed CFD rates. The City Council provided direction to continue the item to the June 17, 2026 meeting, to allow the BIA time to review and provide input. The City received a more detailed letter from the BIA on June 1, 2026, and met virtually with the group on June 8, 2026.
The feedback received from the BIA was generally focused on:
•Follow-up questions/feedback on assumptions used in the FIA completed, ranging from Assessed Valuations used, revenue and/or expenditures assumptions, and; •Other item requests, such as bond premiums, administrative expenses, and pay-go payment options associated with Facilities CFDs, as options where the City would by policy elect to waive, reduce, and/or make available as ways to mitigate the impact to the developer of participation in the Public Safety CFD.
The objective of the FIA was to evaluate whether future residential growth generates sufficient recurring revenue to support future public safety service needs, and to assess the long-term sustainability of future growth using reasonable and consistent revenue and expenditure assumptions. It was prepared utilizing a similar approach and assumptions to those used by other cities in the establishment of Public Safety CFDs. In reviewing the feedback received by the BIA and the FIA analysis, the City’s assessment is that the FIA was prepared on a fair and reasonable based on available data, and while alternative assumptions can certainly be modeled, those used provide a reasonable, internally consistent, and conservative basis for evaluating future public safety funding needs.
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 2
Menifee Mayor and City Council
June 17, 2026
Page
1464 of 1562
City of Menifee Staff Report
Public Safety Community Facilities District (CFD)
June 17, 2026
3 3
7 3
Other discussion items brought forth by the BIA do not directly impact the FIA and the proposed Public Safety CFD rates, but focus on other available options, through Facilities CFDs, where the City could consider policy updates that would lessen the fiscal impact created by the Public Safety CFD assuming a share of the property tax special assessments distribution. •CFD Premium: In Facilities CFDs where a development elects to finance eligible City fees (DIF etc), the city applies a 20% premium for the portion of fees financed. The purpose and use of the one-time premium funds is to support infrastructure needs. The request from the BIA was to consider the waiving/reduction of the CFD premium as a policy update.
•Administrative Expenses: Another policy request received was for the City to consider reducing the designated annual administrative expenses from $30k to $15k, understanding that the City could recover additional administrative expenses beyond the $15k, through available surplus funds at the end of each year. This would create additional administrative processes and presumes the availability of surplus funds each year. •Pay-Go Funding Option: An additional policy request was for the City to consider allowing for the levy of the full Assigned Tax Rates (as disclosed to homebuyers) after bonds are issued. Historically, once bonds have been issued, the City is able to apply reduced CFD rates, instead of the full Assigned Tax Rates. With this approach, and the application of the full Assigned Tax Rates, additional funding would become available each year to cover eligible expenses.
Both the BIA and the City are committed to the importance of public safety to the Menifee community, as well as collaborating to continue to see Menifee develop into a safe, thriving, inclusive and premier place to be. At the virtual workshop with the BIA, staff delineated its’ approach and evaluation of the FIA and opened the meeting up for discussion of the items received. Additionally, a request for a written response memorializing the City’s position was requested. Staff recognize the other items, such as the CFD premiums, administrative expenses, and pay-go funding options, provide an opportunity to lessen the impact to the development community. However, understanding that there would also be an impact to other City priorities such as infrastructure or lessening the tax burden on residents, wherever possible, it is recommended the approach on using these be on a case-by-case basis, and not as broad policy updates.
Proposed Resolution and Updated CFD Policy Updates
The resolution presented for City Council consideration would formalize authorization for staff to proceed with the necessary steps to establish a Public Safety CFD. A summary of the formation process is outlined on the following page.
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 3
Menifee Mayor and City Council
June 17, 2026
Page
1465 of 1562
City of Menifee Staff Report
Public Safety Community Facilities District (CFD)
June 17, 2026
3 3
7 3
TABLE 1: FORMATION PROCESS
Step Description Council Action
Cornerstone residential
project identified
An initial residential project
identified as eligible for
participation into the Public
Safety CFD will go through
the formation process.
Public Hearing,
Ordinance/Resolution(s)
adopted establishing/forming
CFD with initial boundary.
Future residential project
annexations
Future residential projects will
be annexed into the Public
Safety CFD as they are
either:- Conditioned by
Conditions of Approval (non-
entitled projects)-
Agreed/negotiated with
respective development
(entitled projects)
Individual Public Hearing(s)
annexations similar to
Maintenance Services CFD.
Summary of Proposed Public Safety CFD Rates & Annual Adjustment Based on the FIA completed and presented at the January workshop and follow up May 20, 2026 discussion item, the proposed Public Safety CFD would include the following parameters:
•Applicable to future residential developments (single family residential: $525 per unit, and multi-family residential: $411 per unit)
•Annual maximum rate adjustment of: Greater of CPI or 4% (City would retain the discretion each year to determine how long and whether to levy at the maximum rates) •Proposed rates would be applied at the indicated amounts, including affordable housing units.
Amendments to CC-20 Special Assessment and CFD Goals and Policies Staff also recommend amending existing Policy No. CC-20 Special Assessment and Community Facilities District Goals and Policies to revise existing language within Section 5, Procedure, as follows:
“The City will condition the financing of city facilities through a facilities CFD or through participation in a Joint Community Facilities Agreement on the applicant’s agreement to provide funding or a funding mechanism to cover on-going public safety costs associated with the respective residential project, an option for such funding is participation in a public safety CFD.
This requirement will apply to any residential project that is already participating in a facilities CFD or a Joint Community Facilities Agreement if that residential project requires further discretionary approvals at the time this policy and procedure is approved.” Participation in a City Facilities CFD or Joint Community Facilities District (JCFA) is optional, and at the request of the developer. Through a Facilities CFD or JCFA CFD, the developer can finance infrastructure improvements through the issuance of bonds which are repaid through special Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 4
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June 17, 2026
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City of Menifee Staff Report
Public Safety Community Facilities District (CFD)
June 17, 2026
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taxes levied on units within the development, generally over 30 years. Including participation in the City’s Public Safety CFD as a requirement for Facilities CFDs will provide the City with a mechanism to negotiate and prioritize the Public Safety CFD as a component of new residential projects.
Next Steps
If approved, the next steps would include the following actions:
1. Public Hearing for Public Safety CFD formation with the first residential project to be included in the CFD;
2. Subsequent residential projects would be annexed through respective public hearings to annex into the CFD;
3. Annual levy, maximum and applied tax rates would be calculated and presented for the City Council adoption and submittal to the County of Riverside Tax Collector’s office.
It is staff’s recommendation that the Public Safety CFD move forward effective immediately, with all residential projects without finalized conditions of approval, conditioned to join the Public Safety CFD and/or all residential projects seeking to form a Facilities CFD and/or requiring additional discretionary approvals for previously formed Facilities CFDs. Requests for consideration of premium and/or administrative expense waivers/reductions or pay-go funding options will be reviewed and considered on a case-by-case basis.
STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community & Thriving Economy
FISCAL IMPACT
If approved to move forward, there would be various one-time initial CFD formation costs including staff time required for the various ordinance(s), resolution(s), and CFD set-up steps. While the residential project identified as the cornerstone CFD development would cover some of the formation costs, the City would share some of the associated costs. Future annexations into the Public Safety CFD would cover all associated annexation costs. The Public Safety CFD would provide the City with an ongoing and dedicated restricted revenue stream to help support public safety needs year over year.
ATTACHMENTS
1. Resolution
2. Redlined Policy
3. Policy (Clean)
3. CFD 2026-S (Safety Services) - RMA
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 5
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June 17, 2026
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1 RESOLUTION NO. 26-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
AUTHORIZING STAFF TO PROCEED WITH THE FORMATION OF A PUBLIC SAFETY
COMMUNITY FACILITIES DISTRICT (CFD)
WHEREAS, the City Council of Menifee has prioritized both fostering a thriving economy and safe and vibrant community as strategic priorities of the City; and WHEREAS, diversifying revenue resources supports the City’s efforts for long-term financial strength and sustainability; and
WHEREAS, the City prioritizes maintaining proactive and responsive municipal services, including public safety, and recognizes the increased need for service as the community continues to develop; and
WHEREAS, a Fiscal Impact Analysis (FIA) was completed assessing the public safety services needs associated with new residential projects and the revenue to associated with residential projects to support such services, and such FIA determined the estimated revenues associated with new residential projects is not sufficient to cover the associated on-going public safety services; and WHEREAS, the City has explored options to help ensure new residential development can provide on-going fiscal support to accommodate public safety needs; and WHEREAS, on January 21, 2026, a Special City Council Workshop was held to review the legal and fiscal parameters of forming a public safety CFD as an available option to support the service needs of new residential development; and
WHEREAS, at said workshop, the City Council provided feedback and general support of exploring a public safety CFD.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Menifee, California:
Authorizes staff to proceed with the necessary next steps to establish a Public Safety Community Facilities District (CFD), including, but not limited to, conducting the required public hearing for the formation of the first residential project within the CFD and collecting applicable CFD formation/annexation costs.
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 6
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Public Safety CFD
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2 5
7 0
PASSED, APPROVED AND ADOPTED this 17th day of June 2026 ___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 7
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June 17, 2026
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4929-4925-4992v3/200299-0000
CITY OF MENIFEE
City Council Policy
Policy Number: CC-20
Approving Authority:
City Council
Subject
Special Assessment and
Community Facilities District
Goals and Policies
Effective Date: 9/6/11
Last Modified: 9/3/25
Page | 1
1. PURPOSE
Pursuant to Section 53312.7 of the California Government Code, the City Council of the City of Menifee (hereafter the “City Council”) hereby states its goals and policies concerning the use of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (hereafter the “Mello-Roos Act”) in providing adequate public capital infrastructure, facilities and equipment for the residents of the City of Menifee (the “City”). The following goals and policies shall apply to all community facilities districts (each a “Community Facilities District” or “CFD”) and to all assessment districts (each an “Assessment District” and together with any Community Facilities District, the “Districts” or individually, a “District”) under the improvement acts of 1911, 1913, 1915 and 1972 (the “Improvement Acts”) hereafter formed by the City. Any policy or goal stated herein may be supplemented or amended or deviated from upon a determination by the City Council that such supplement, amendment or deviation is necessary or desirable, and any policy or goal stated herein shall be deemed amended or supplemented in the event, and as of the date, if ever, that such amendment or supplement is required to ensure compliance with the Act or any other laws of the State of California or federal laws of the United States of America.
2. POLICY
The City has developed the following Policies and Procedures on debt financing as guidelines to assist concerned parties in following the City’s approach to special assessment and community facilities district debt financing. It is the City’s goal to support projects that address a public need and provide a public benefit. Proposed projects requesting special assessment or community facility district debt financing will be evaluated to determine if such financing is financially viable, and in the best interest of the City, and current and future City and project residents. These Policies and Procedures are designed to comply with Section 53312.7 of the Government Code.
The City of Menifee will consider developer or property owner initiated applications requesting the formation of community facilities or special assessment districts and the issuance of bonds to finance eligible public facilities and/or public services necessary to serve newly developing residential projects, and may consider commercial and/or industrial projects. The following criteria will be applied to all districts by the City staff with final determination and findings to be made by the City Council:
A. When tax-exempt financing of project public facilities will result in a significant public benefit.
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 8
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City of Menifee Policy CC-20
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Special Assessment and Community Facilities District Goals and Policies
B. When a Specific Plan has been adopted on the property or the City has negotiated and executed a Development Agreement addressing project implementation either of which includes requirements to form a District to finance public improvements or services.
C. Each time a District is formed for the benefit of a development project where the maintenance requirements will exceed normal City standards or where such development requires the provision of additional services, the City will require the creation of an alternative financing mechanism to pay for such maintenance requirement or such additional services, including but not limited to annexation to a City maintenance District.
D. Existing neighborhoods may apply to the City for the use of a District to finance local or neighborhood serving facilities. The City will apply applicable provisions of these policies to those financing programs for existing neighborhoods.
E. The City shall make the determination as to whether a proposed District shall proceed under the provisions of the Improvement Acts or the Mello-Roos Act. The City may confer with consultants and the applicant to learn of any unique district requirements such as facilities serving the regional area or long-term development phasing prior to making any final determination.
F. All City and consultant costs incurred in the evaluation of new development district applications and the establishment of districts will be paid by the applicant(s) by advance deposit increments. The City shall not incur any non-reimbursable expense for processing assessment or community facilities districts. Expenses not chargeable to the district shall be borne by the applicant.
G. The City shall not offer CFD financing for projects that consist of condo or single family homes where 10% or more of the proposed units are intended for or used as rental property unless the developer receives express advance written approval from the City. The foregoing restriction shall not apply to multifamily residential or commercial property.
H. The city shall make a determination on whether to offer CFD financing for projects with fewer than 100 units on a case-by-case basis. An additional security in the form of a secondary reserve may be required for these developments at the city’s discretion.
I. With the goal of reducing property owners’ debt burden whenever possible, the Finance Department will diligently moni tor the economic environment and take advantage of refunding opportunities when doing so would lead to a reduction in the special assessment paid by property owners.
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 9
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City of Menifee Policy CC-20
4929-4925-4992v3/200299-0000
Special Assessment and Community Facilities District Goals and Policies
3. FINANCE COMMITTEE
All proposed Districts shall be reviewed by the City Finance staff for adherence to policy prior to being presented to the Finance Committee and City Council. Any variances from policy as well as any other material info rmation will be noted by the Finance staff and reported to the City Council with recommendation for action.
4. RESOURCE CONSULTANTS
• Bond Counsel Fi nancial
• Advisor Assessment
• Engineer Special Tax
• Consultant Appraiser
• Economist/Market Absorption Specialist
• Bond Underwriter
• Disclosure Counsel
• Fiscal Agent
The City shall have the sole discretion as to selection of consultants and determination of fees and expenses of all consultants necessary for the formation of a Special District and the issuance of bonds. Prior consent of the Proponent(s) shall not be required in the determination by the City of the consulting and financing team. Costs of the Proponent(s) and any costs of consultants working on behalf of the Proponents(s) are not eligible for reimbursement from a future issuance of bonds.
No firm may serve as both design engineer and engineer of work and assessment engineer or special tax consultant on the same project, pursuant to Section 87100 of the Government Code.
5. PROCEDURE
A. ELIGIBLE PUBLIC FACILITIES; PRIORITY
Priority for Community Facilities District financing shall be given to public facilities directly benefiting the City as well as those improvements identified by the City as the most necessary to serve the specific needs of the portion of the City in which the Community Facilities District will be located. The financing of public facilities to be owned and operated by public agencies other than the City shall be considered on a case-by-case basis. The list of eligible public facilities include but are not limited to the following and may include facilities included as part of the City’s or another public agency's development impact fee program to the extent permitted by the Mello-Roos Act or the Improvement Acts:
Streets, highways and bridges Flood control fac ilities Street lighting Libraries
Traffic signals and safety lighting Public ut ilities
Parks Police and fire protection fac ilities
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 10
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City of Menifee Policy CC-20
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Special Assessment and Community Facilities District Goals and Policies
Governmental facilities Recreation fac ilities, including golf courses
Sanitary sewer facilities Biological mitigation measures involving land acquisition, dedication
and revegetation Storm drain facilities
Potable and reclaimed water facilities Landscaping
In general, streets, highways and bridges; street lighting; traffic signals and safety lighting; parks; and storm drain facilities will have priority over the others, however, the City will evaluate the needs of the project area and has final determination as to any facility’s eligibility for financing, as well as the prioritization of facilities to be included within a financing district. Use of bond proceeds for grading and right-of- way acquisition will be reviewed by the City and bond counsel on a case-by-case basis.
It is secondarily the policy of the City to assist in the provision of other public facilities when to do so is necessary, in the sole discretion of the City Council acting as the legislative body of the affected Co mmunity Facilities District, to serve taxpayers residing within or owning property within the City boundaries.
Additionally, the City may finance any one or more of the types of services specified in Section 53313 of the Act. Priority for Community Facilities District financing shall be given to services provided by or directly benefiting the City and, if multiple services are to be financed, with no service having priority over another service; provided, however, the City has final determination as to any service’s eligibility for financing. The City shall not finance services on behalf of other public agencies.
It is acknowledged the Mello-Roos Act permits the financing of fee obligations imposed by governmental agencies, the proceeds of which fees are generally to be used to fund public capital improvements. The City will consider applications to finance fee obligations on a case-by-case basis. The City may condition the financing of facilities included as part of the City’s or another public agency’s development impact fee programs on the applicant’s agreement to participate in the financing of City services for public safety. The City will condition the financing of city facilities through a facilities CFD or through participation in a Joint Community Facilities Agreement on the applicant’s agreement to provide funding or a funding mechanism to cover on-going public safety costs associated with the respective residential project, an option for such funding is participation in a public safety CFD.
This requirement will apply to any residential project that is already participating in a facilities CFD or a Joint Community Facilities Agreement if that residential project requires further discretionary approvals at the time this policy and procedure is approved.
When it is determined by the City that fees are to be financed, the City may collect a premium of the total fees to be financed. Such premium shall not exceed twenty percent (20%) of the total fees to be financed. The City may use the premium to finance public facilities and improvements directly benefiting and identified by the Item Title: 12.1
Public Safety Community Facilities District
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City of Menifee Policy CC-20
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Special Assessment and Community Facilities District Goals and Policies
City as the most necessary to serve the specific needs of the portion of the City in which the Community Facilities District will be located.
B. CREDIT QUALITY – VALUE-TO-LIEN RATIO
Credit quality will be determined in part by the District (or improvement area) property value-to-lien ratio which will be at a minimum 4:1, including the value of the financed public improvements to be installed, and considering all prior orpending special taxes or improvement liens and debt. Value-to-lien ratios of individual parcels will be reviewed to analyze credit quality. Acceptance by the City of the value-to-lien ratio will be determined by an appraisal with recommendations from bond counsel, any financial advisor, and the underwriter with consideration of the project and diversification of land ownership.
The appraisal shall be coordinated by, under the direction of, and addressed to the City. The applicant shall pay all costs associated with the preparation of the appraisal report through an advance deposit of funds with the City. The appraiser should be credentialed by the State of California Office of Real Estate Appraisers and be a Member of the Appraisal Institute (MAI). The appraiser should have demonstrated prior experience in appraising property subject to special assessments or taxes in conjunction with a bond offering.
The appraisal shall be conducted in accordance with criteria, standards and assumptions in accordance with the California Debt and Investment Advisory Commission Appraisal Standards for Land-Secured Financings, and based upon the recommendations from the City’s financing team. In every case, the appraisal shall reflect national Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and employ all, or a combination of: discounted cash flow, bulk sale comparable, raw land value as is, and project build-out values.
Upon receiving an appraisal, determining the value-to-lien ratio, and evaluating the project and current underwriting criteria, the City will require letters of credit or other security to secure payment of the special taxes to be levied annually on properties within the District. Letters of credit or other security may also be required for individual parcels of specific property ownership within a District.
For projects with a significant amount of development or the refunding of outstanding special assessment and community facilities district debt, the assessed value of property or other mass appraisal techniques may be options for the establishment of credit quality.
Depending on the circumstances of the development, a market absorption study may be required. City will retain the consultant to prepare a report to verify market absorption assumptions and projected base sales prices of the properties subject to the special taxes or assessments in the District. The market absorption study shall be completed prior to completion of the appraisal, and the appraisal shall take into consideration the conclusions of the market absorption study. The City may require a mortgage study to analyze existing types of mortgages in the District to provide additional information to potential bond investors.
C. SECURITY
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 12
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June 17, 2026
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City of Menifee Policy CC-20
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Special Assessment and Community Facilities District Goals and Policies
The City may, at its discretion, require additional credit enhancement to be provided by one or more developers and/or landowners to increase the credit quality of any CFD bond issue and to reduce the potential for a bond default. Such credit enhancements may be required in situations where there is an insufficient value-to-lien ratio, where a substantial amount of the property within a CFD is undeveloped, where property ownership is concentrated, where tax delinquencies are present in parcels within the CFD, and in any other situation as required by the City. The form of any credit enhancement is subject to approval by the City, and the City shall impose specific requirements with respect to such credit enhancement; however, such credit enhancement will generally be in the form of an irrevocable standby letter-of-credit or a cash deposit, will be required to be in an amount not less than 200% of the share debt service or a 2-year security payment of the special tax requirement allocable to the applicable developer- owned parcels for which such credit enhancement is required, and will be required to remain in effect until the share of debt service allocable to such developer- owned parcels is less than 20% of the annual debt service on all outstanding bonds for such CFD. The Chief Financial Officer or the City Manager have discretion to waive this requirement in the face of extenuating circumstances.
6. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES Special tax formulas for Community Facilities Districts shall provide for minimum special tax levels that satisfy the following expenses of all Community Facilities Districts: (a) at least 110 percent debt service coverage for all Community Facilities District bonded indebtedness, (b) the reasonable and necessary administrative expenses of the Community Facilities District, and (c) amounts equal to the differences between expected earnings on any escrow fund and the interest payments due on bonds of the Community Facilities District. Additionally, the special tax formula may provide for the following:
(a) any amounts required to establish or replenish any reserve fund established in association with the indebtedness of the Community Facilities District, (b) the accumulation of funds reasonably required for future debt service, (c) amounts equal to projected delinquencies of special tax payments, (d) the costs of remarketing, credit enhancement and liquidity facility fees, (e) the cost of acquisition, construction, furnishing or equipping of facilities, (f) lease payments for existing or future facilities, (g) costs associated with the release of funds from an escrow account, and (h) any other costs or payments permitted by law, including, but not limited to, financing any one or more of the types of services specified in Section 53313 of the Mello-Roos Act.
The special tax formula shall be reasonable and equitable in allocating public facilities’ costs to parcels within the Community Facilities District. Unless the City determines that special circumstances warrant a change, the s pecial tax formula originally accepted for the Community Facilities District shall remain the same in order to ensure equity as originally envisioned at the time of Community Facilities District formation. At the time of formation of the Community Facilities District, exemptions from the special tax may be given to parcels that are publicly owned, are held by a property owner’s association, are used for a public purpose such as open space or wetlands, are affected by public utility easements making impractical their utilization for other than the purposes set forth in the easements, or have insufficient value to support bonded indebtedness.
It is the goal of the City that maximum special taxes or assessments on residential owner- occupied property, when taken together with ad valorem taxes, any other special taxes levied pursuant to the Act and assessments applicable to such property, do not exceed in Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 13
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any year two percent (2%) of the greater of the assessed value or appraised value of such property. Nevertheless, special taxes on residential owner-occupied property, when taken together with ad valorem taxes, any other special taxes levied pursuant to the Act and assessments applicable to such property, may exceed in any year two percent (2%) of the greater of the assessed value or appraised value of such property if the City determines at the time of formation of a Community Facilities District that over the term of the bonds, the special taxes, ad valorem taxes and assessments are expected to average two percent (2%) or less per year of the greater of the assessed value or appraised value of such property. It is further the policy of the City to comply with the provisions of Section 53321 of the Act with respect to the escalation of maximum taxes.
Special taxes will only be levied on an entire County Assessor’s parcel, and any allocation of special tax liability of a County Assessor’s parcel to leasehold or possessory interest in the fee ownership of such County Assessor’s parcel shall be the responsibility of the fee owner of such parcel (except where the City is the fee owner of the parcel and has, subsequent to the date of adoption of these goals and policies, leased the parcel pursuant to a lease with a term of at least 5 years, in which case the lessee shall have the responsibility for the special tax liability) and the City shall have no responsibility therefor and has no interest therein. Failure to pay or cause to be paid any special taxes in full when due shall subject the entire parcel to foreclosure in accordance with the Act.
The City shall have a report prepared that: (a) recommends special tax rates and methods of
allocation among parcels in the proposed Community Facilities District, and (b) evaluates the special tax proposed to determine its ability to adequately fund identified public facilities, City administrative costs, services (if applicable) and other related expenditures.
A. The City shall retain a special tax consultant to prepare a Rate and Method of Apportionment and the report described above that:
B. Recommends a special tax formula for the proposed Community Facilities District.
C. Evaluates the special tax proposed to determine its ability to adequately fund identified public facilities and proposed services, City administrative costs, services (if applicable) and other related expenditures. The Rate and Method of Apportionment of special taxes shall be designed to ensure sufficient revenues are produced in case of final development at lower densities than anticipated.
D. The special tax consultant shall also address the resulting aggregate tax burden of all proposed special taxes plus existing special taxes, ad valorem taxes and assessments on the properties within the Community Facilities District.
7. TERMS AND CONDITIONS OF BONDS
The City shall establish all terms and conditions of the bonds. The City will control, manage and invest all District-issued bond proceeds. Each bond issue shall be structured to adequately protect bond owners and to not adversely impact the bonding capacity or credit rating of the City. Unless otherwise authorized by the City, the following shall serve as bond requirements:
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 14
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A. A reserve fund equal to the lesser of (i.) 10% of the issue price of the bonds, (ii.) maximum annual debt service or (iii.) 125% of average annual debt service, or as otherwise deemed appropriate by the City.
B. For Districts containing residential property, the timing of bond sales(s) and/or Rate and Method of Special Tax Apportionment shall be such that special taxes or special assessments are levied no later than the first fiscal year following the occupancy of residential units. For all Districts, interest shall not be funded (capitalized) beyond what is permitted in the Mello-Roos Act or the Improvement Acts.
C. The repayment of principal shall begin on the earliest principal payment date for which sufficient special tax revenues can be made available.
D. Beginning with the commencement of the repayment of principal, annual debt service shall be level. The City may consider an increasing annual debt service, but such increases shall not exceed 2% per year for the term of the bonds.
E. The maximum special tax shall be established to assure that the annual revenue produced by levy of the maximum special tax shall be equal to at least 110% of the maximum annual debt service plus administration. Under no circumstances shall the coverage be used to support the issuance of Bonds.
F. Prior to the issuance of the bonds, the City shall authorize its bond counsel to commence and process to final judgment an action establishing the validity of the proceedings, special tax and issuance of bonds, unless advised to the contrary by such bond counsel.
G. In instances where multiple series of bonds are to be issued, the first series shall include public facilities of highest priority acceptable to the City.
H. All statements and materials related to the sale of special assessment or Community Facilities District bonds shall emphasize and state that neither the good faith, nor the taxing power of the City is pledged to the security or repayment of the bonds. The sole sources of revenues to secure bond owners are special taxes, annual assessments or foreclosure proceeds.
8. AGREEMENTS
Agreements will be prepared incidental to District formation proceedings in a form satisfactory to the City and consistent with these policies. These agreements may include, but not be limited to:
A. Deposit and Reimbursement Agreement.
B. Funding and Acquisition Agreement.
Item Title: 12.1
Public Safety Community Facilities District
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C. Joint Community Facilities Agreements with any other public agency entitled to receive any portion of the bond proceeds or entitled to own and operate any of the public facilities financed by bond proceeds.
Prior to the formation of a District, all of the agreements specified shall be duly approved and executed by the relevant parties; provided that any Joint Community Facilities Agreement may be approved and executed prior to the approval of the issuance of bonds.
Prior to execution of any agreements, such agreements shall be reviewed and approved by bond counsel and the City Attorney and approved by the City Council.
9. USE OF CONSULTANTS
The City shall have the sole discretion as to selection of consultants and determination of fees and expenses of all consultants necessary for the formation of the District and the issuance of bonds, including the underwriter(s), bond counsel, financial advisor, assessment engineer, appraiser, trustee, paying agent, market absorption consultant, and the special tax consultant after reasonable consultation with the applicant. Prior consent of the applicant shall not be required in the determination by the City of the consulting and financing team.
The City shall also be responsible for determining the structure of the bonds to be issued, including the method of sale (negotiated or competitive), the need for bond ratings, the need for escrow provisions, investment of bond proceeds, and all other terms and conditions incidental to structuring and closing a bond issuance.
Consultants of the City for the District shall comply with the requirements of the Fair Political Practices Commission and of the California Government Code.
10. ACQUISITION PROVISIONS
The City shall have final determination as to whether it will allow the financing of public facilities through acquisition or if the improvements will be constructed by the City.
In the event the acquisition provisions of the Municipal Improvement Act of 1913 or the Mello-Roos Act are utilized, the City, at its sole discretion, will determine the facilities to be acquired, the priority of acquisition of completed facilities and the method of determining reasonable acquisition costs. Applicable bidding and prevailing wage requirements are extensive and will be addressed during the preparation of the funding and acquisition agreement.
The City has determined (pursuant to Section 53329.5(c) of the Government Code) that the public interest will not be served by allowing property owners to elect to enter into agreements with the City to perform construction work after competitive construction bids have been received. The City Council will make such a determination in the resolution of intention regarding the formation of a Community Facilities District.
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 16
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11. DISCLOSURE TO PURCHASERS
Developers who are selling lots or parcels that are within a Community Facilities District shall provide disclosure notice to prospective purchasers that complies with all of the requirements set forth in Section 53341.5 of the Government Code. The disclosure notice must be provided to prospective purchasers of property at or prior to the time the contract or deposit receipt for the purchase of property is executed. Developers shall keep an executed copy of each disclosure document as evidence that disclosure has been provided to all purchasers of property within a Community Facilities District.
Owners of land securing 20% or more of the debt service on bonds will be required to provide financial information, as deemed appropriate by the City, for inclusion in the continuing disclosure document the City must provide annually and will also be required to provide written undertakings to provide financial and operating data as required by the SEC’s Rule 15c2-12 and by the underwriter of the bonds.
Additionally, the continuing disclosure document shall be reported to City Council annually, to receive and file.
12. PROPERTY OWNER SUPPORT
In the instance of multiple property owners, the applicant shall be required to produce letters evidencing other property owners’ support for the scope and establishment of the District as an attachment to the application. The applicant must have concurrence of at least 60% of the other property owners to be included in the proposed District, unless there is an overriding need for the public facilities, or the applicant is willing to separately fund the facilities for non-participating property.
13. LAND USE APPROVALS
Properties proposed for inclusion in a District must possess a land use determination such that proposed development land uses and specific facility requirements can be adequately assessed.
14. EXCEPTIONS TO THESE POLICIES
The City may find in limited and exceptional instances that a waiver to any of the above stated policies is reasonable given identified special City benefits to be derived from such waiver. Such waivers are granted only by action of the City Council based upon specific public purpose and/or health and safety findings.
A waiver of certain provisions of these policies may also be relevant for the refunding of outstanding special assessment and Community Facilities District debt.
15. APPLICATION PROCESS
Early communication with the City is encouraged to assist applicants in evaluating the feasibility of available financing programs and to discuss program procedures.
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A. Preapplication Conference: Applicant meets with City to discuss the proposed project and application procedures.
B. Application Submission: Applicant/developer shall submit an application to the City with a deposit and reimbursement agreement in the amount of $70,000 as of September 2025. The Chief Financial Officer is authorized to increase this required deposit if formation costs increase in the future. The deposit will be handled as set forth in the Deposit and Reimbursement Agreement as established by the City and approved by the applicant/developer. This deposit is for the purpose of application processing, preliminary costs, retention of appropriate consultants, and the compensation of staff time devoted to the formation of the District. The City will conduct an initial evaluation of the application to determine if it is complete and whether additional information is required.
C. Project Review: Applicant and City staff meet to discuss initial application, including any issues raised and further information that might be required. If necessary, applicant submits revised application.
D. Application Processing : Upon City determination that the application is complete, staff prepares a staff report, which forwards the request for district formation and project financing and staff recommendation to the Finance Committee for review.
E. City Council Consideration: The City Council grants or denies the application.
F. Project Initiation: Staff submits consultant contracts, reimbursement agreements and other similar items for City Council consideration.
G. Project Implementation: Applicant, staff and consultants meet to determine preliminary project schedule and begin work necessary to initiate district formation.
This document outlines district formation procedures.
16. SPECIAL ASSESSMENT DISTRICT FORMATION PROCEEDINGS FORMAT Assessment district proceedings under the Municipal Improvement Act of 1913 normally provide for the construction of improvements by the City and the financing of such improvements with improvement bonds, which are secured by a fixed lien assessment on the benefited property. In certain instances, if authorized by the City, the developer may construct the improvements (or portion thereof), which would be acquired by the City as provided in the proceedings.
The formation proceedings are subject to and contingent upon satisfaction of all environmental zoning and land use regulations. The following is a summary of the proceedings under the Municipal Improvement Act of 1913 for the formation of an Assessment District. All such proceedings are subject to the requirements of the Improvement Acts, as applicable.
A. Initiation of Proceedings . An applicant or landowner petition for City Council action initiates a request to form the District. Upon initiation, the design engineer Item Title: 12.1
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prepares plans, specifications and cost estimates of the proposed public improvements. The assessment engineer begins preparing the Engineer’s Report, including the assessment diagram, assessm ent roll, description of improvements and preliminary cost spread. If required, the Environmental Impact Report “EIR” consultant begins processing the appropriate environmental documentation for the public improvements.
B. Presentation of Report . Upon completion of the preliminary engineering work, the City Council adopts a resolution of intention to form the assessment district, approves the Engineer’s Report, calls for construction bids, authorizes the future sale of bonds, sets the date, time and place for the public hearing and directs assessment notices to be mailed.
C. Bid Process . Finance Department receives construction bids. Assessment engineer modifies the assessment roll and Engineer’s Report and notifies property owners of revised assessments.
D. Public Hearing. City Council holds public hearing at which written protests are presented and public testimony is taken. If a majority protest has not been received, City Council approves district formation, awards bids, orders construction work, confirms the assessments, directs the Chief Financial Officer/Treasurer to mail assessment notices and approves the bond sale.
E. Cash Collection Period . Treasurer may receive cash payments during the 30 days following confirmation if property owners elect to pay off the assessment or portion thereof prior to the issuance of bonds.
F. Authorize Issuance of Bonds. City Council determines the balance of unpaid assessments and provides for the issuance of bonds to be secured thereby.
G. Sale of Bonds. Bonds are issued in exchange for the cash proceeds of the sale, which are held by the City or its fiscal agent (or paying agent/registrar) and utilized for the construction of public improvements described in the Engineer’s Report.
17. MELLO-ROOS COMMUNITY FACILITIES DISTRICT FORMATION PROCEEDINGS A Community Facilities District is a legally constituted governmental entity created for the purpose of financing public facilities and services.
The formation proceedings are subject to and contingent upon satisfaction of all environmental, zoning and land use regulations. The following is a summary of the proceedings for the formation of a Community Facilities District under the Mello-Roos Act.
All such proceedings are subject to the requirements of the Mello-Roos Act.
A. Initiation of Proceedings. Proceedings must be instituted when a written request is made by a petition signed by 10% of the registered voters or 10% of the landowners by area. The petition shall be accompanied by payment of a deposit in an amount determined by the City Council to be sufficient to pay for costs incurred in conducting the proceedings.
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B. Resolution of Intention. Within 90 days of the receipt of a written request or petition, the City Council will adopt a resolution of intention to establish a Community Facilities District. The resolution will state the name of the proposed CFD, the types of facilities or services to be financed and that, except where funds are otherwise available, a special tax to pay for such facilities and services will be annually levied. The resolution of intention shall also fix a time and place for a public hearing between 30 and 60 days after the adoption of the resolution of intention, describe the method of levy and apportionment of the special tax and describe the proposed voting procedure. In addition, the resolution may specify conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied. The City Council directs its responsible officers to study the proposed district and to file a report at or before the public hearing describing the proposed public facilities and services and an estimate of costs.
C. Public Hearing. Protests against the establishment of the Community Facilities District, the extent of the CFD or the furnishing of specified types of public facilities or services may be made orally or in writing by interested persons or taxpayers. If 50% or more of the registered voters, or 6 registered voters, whichever is more, residing within the proposed CFD or the owners of 1/2 or more of the area of land in the proposed CFD file written protests against the establishment of the CFD, the proceedings are abandoned. If the protests are directed toward certain types of facilities or services, or against a specified special tax, those specific items may be eliminated from the resolution forming the CFD. The hearing may be continued for up to 30 days without special findings and up to 6 months if the City Council makes specified findings.
D. Resolution of Formation. If the City Council decides to establish the Community Facilities District, it will adopt a resolution of formation containing similar information as contained in the resolution of intention.
E. Election. If the City Council determines to form the Community Facilities District, it submits the question of whether special taxes should be levied to an election of the voters (or landowners if fewer than 12 registered voters reside within the boundaries of the proposed CFD for each of the 90 days prior to the date of the public hearing) of the proposed CFD. Combined with the tax proposition, there may be a proposition on the question of incurring bonded indebtedness. The tax, in order to be levied, must be approved by two-thirds of the votes cast and thereafter levied by adoption of an ordinance of the City Council. The Mello-Roos Act provides that the election shall be at the next general election or at a special election to be held between 90 and 180 days following the close of the protest hearing. The unanimous consent of the qualified electors within the proposed district and the concurrence of the election official conducting the election may shorten the election time limits.
F. Special Tax Bonds. A Community Facilities District may be created solely to provide the services permitted by statute. However, most CFDs have been created specifically for the purpose of levying special taxes to service bonded indebtedness incurred by the CFD in order to finance the construction of facilities.
Maintenance Districts may also be created. The proceedings to authorize and incur Item Title: 12.1
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bonded indebtedness usually parallel the proceedings for formation of the CFD and the authorization to levy the special tax, although the bond proceedings could be conducted separately and at a later date. The proceedings to authorize bonded indebtedness involve a resolution of intention, public hearing and election; all conducted in a manner very similar to proceedings to form the community facilities district and levy the tax. CFD bonds may be sold competitively or through negotiated sale and may bear fixed or variable interest rates.
In some cases, a Community Facilities Dist rict may provide specified facilities for only a portion of the land within the CFD. In that event, the Act provides for the formation of improvement areas for which separate elections are conducted and to which a specified special tax applies.
18. ROLES AND RESPONSIBILITIES
A. The City Manager or designee is responsible for administering this policy and procedure.
B. All employees are responsible for compliance with this policy and procedure.
C. The annual continuing disclosure document shall be reported to City Council, to receive and file.
D. An annual review of outstanding bonds shall be evaluated for ref unding.
19. DEFINITIONS
Unless the context otherwise requires, the terms employed in the following policies shall have the meanings specified below:
“Bonds” means bonds authorized and issued under the Mello-Roos Community Facilities Act of 1982 or the Municipal Improvement Act of 1911 and the Improvement Bond Act of 1915.
“City” means the City of Menifee.
“Community Facilities District” means a spec ial tax district established by a local government under the Mello-Roos Community Facilities Act of 1982 to finance public infrastructure and services in a specific geographic area. “District” means a Community Facilities District formed under the Mello-Roos Community Facilities Act of 1982 or an assessment district formed under the Improvement Act of 1911 or the Municipal Improvement Act of 1913, as amended. “Improvement Acts” means current enabling legislative Acts of 1911, 1913, 1915 and 1972.
“Mello-Roos Act” means the Mello-Roos Community Facilities Act of 1982.
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Public Safety Community Facilities District
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"Public Facilities" means improvements authorized to be constructed or acquired under the Mello-Roos and Improvement Acts including, but not limited to, fees for capital facilities imposed by public agencies as a condition to approval of the development encompassed by the district or as a condition to service the district.
"Value" or "Fair Market Value" means the value established by the appraisal undertaken to establish value-to-lien rati os for a land-secured financing.
20. Revision History
Revision No.
Date
Approve
Approved By:
Comments
0 9/6/2011 City Council OriQinal Policy (FN-9)
1 4/15/2020 City Council Revision, Policy No. Chanqed to CC-20 2 9/3/2025 City Council Revision, Security/Deposits/Sale as Rentals
Mayor Ricky Estrada
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 22
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CITY OF MENIFEE
City Council Policy
Policy Number: CC-20
Approving Authority:
City Council
Effective Date: 9/6/11
Last Modified: 9/3/25
Subject
Special Assessment and
Community Facilities District
Goals and Policies
Page | 1
1. PURPOSE
Pursuant to Section 53312.7 of the California Government Code, the City Council of the City of Menifee (hereafter the “City Council”) hereby states its goals and policies concerning the use of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (hereafter the “Mello-Roos Act”) in providing adequate public capital infrastructure, facilities and equipment for the residents of the City of Menifee (the “City”). The following goals and policies shall apply to all community facilities districts (each a “Community Facilities District” or “CFD”) and to all assessment districts (each an “Assessment District” and together with any Community Facilities District, the “Districts” or individually, a “District”) under the improvement acts of 1911, 1913, 1915 and 1972 (the “Improvement Acts”) hereafter formed by the City. Any policy or goal stated herein may be supplemented or amended or deviated from upon a determination by the City Council that such supplement, amendment or deviation is necessary or desirable, and any policy or goal stated herein shall be deemed amended or supplemented in the event, and as of the date, if ever, that such amendment or supplement is required to ensure compliance with the Act or any other laws of the State of California or federal laws of the United States of America.
2. POLICY
The City has developed the following Policies and Procedures on debt financing as guidelines to assist concerned parties in following the City’s approach to special assessment and community facilities district debt financing. It is the City’s goal to support projects that address a public need and provide a public benefit. Proposed projects requesting special assessment or community facility district debt financing will be evaluated to determine if such financing is financially viable, and in the best interest of the City, and current and future City and project residents. These Policies and Procedures are designed to comply with Section 53312.7 of the Government Code.
The City of Menifee will consider developer or property owner initiated applications requesting the formation of community facilities or special assessment districts and the issuance of bonds to finance eligible public facilities and/or public services necessary to serve newly developing residential projects, and may consider commercial and/or industrial projects. The following criteria will be applied to all districts by the City staff with final determination and findings to be made by the City Council:
A. When tax-exempt financing of project public facilities will result in a significant public benefit.
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Public Safety Community Facilities District
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Special Assessment and Community Facilities District Goals and Policies B. When a Specific Plan has been adopted on the property or the City has negotiated and executed a Development Agreement addressing project implementation either of which includes requirements to form a District to finance public improvements or services.
C. Each time a District is formed for the benefit of a development project where the maintenance requirements will exceed normal City standards or where such development requires the provision of additional services, the City will require the creation of an alternative financing mechanism to pay for such maintenance requirement or such additional services, including but not limited to annexation to a City maintenance District.
D. Existing neighborhoods may apply to the City for the use of a District to finance local or neighborhood serving facilities. The City will apply applicable provisions of these policies to those financing programs for existing neighborhoods.
E. The City shall make the determination as to whether a proposed District shall proceed under the provisions of the Improvement Acts or the Mello-Roos Act. The City may confer with consultants and the applicant to learn of any unique district requirements such as facilities serving the regional area or long-term development phasing prior to making any final determination.
F. All City and consultant costs incurred in the evaluation of new development district applications and the establishment of districts will be paid by the applicant(s) by advance deposit increments. The City shall not incur any non-reimbursable expense for processing assessment or community facilities districts. Expenses not chargeable to the district shall be borne by the applicant.
G. The City shall not offer CFD financing for projects that consist of condo or single family homes where 10% or more of the proposed units are intended for or used as rental property unless the developer receives express advance written approval from the City. The foregoing restriction shall not apply to multifamily residential or commercial property.
H. The city shall make a determination on whether to offer CFD financing for projects with fewer than 100 units on a case-by-case basis. An additional security in the form of a secondary reserve may be required for these developments at the city’s discretion.
I. With the goal of reducing property owners’ debt burden whenever possible, the Finance Department will diligently monitor the economic environment and take advantage of refunding opportunities when doing so would lead to a reduction in the special assessment paid by property owners.
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Public Safety Community Facilities District
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3. FINANCE COMMITTEE
All proposed Districts shall be reviewed by the City Finance staff for adherence to policy prior to being presented to the Finance Committee and City Council. Any variances from policy as well as any other material information will be noted by the Finance staff and reported to the City Council with recommendation for action.
4. RESOURCE CONSULTANTS
Bond Counsel Financial
Advisor Assessment
Engineer Special Tax
Consultant Appraiser
Economist/Market Absorption Specialist
Bond Underwriter
Disclosure Counsel
Fiscal Agent
The City shall have the sole discretion as to selection of consultants and determination of fees and expenses of all consultants necessary for the formation of a Special District and the issuance of bonds. Prior consent of the Proponent(s) shall not be required in the determination by the City of the consulting and financing team. Costs of the Proponent(s) and any costs of consultants working on behalf of the Proponents(s) are not eligible for reimbursement from a future issuance of bonds.
No firm may serve as both design engineer and engineer of work and assessment engineer or special tax consultant on the same project, pursuant to Section 87100 of the Government Code.
5. PROCEDURE
A. ELIGIBLE PUBLIC FACILITIES; PRIORITY
Priority for Community Facilities District financing shall be given to public facilities directly benefiting the City as well as those improvements identified by the City as the most necessary to serve the specific needs of the portion of the City in which the Community Facilities District will be located. The financing of public facilities to be owned and operated by public agencies other than the City shall be considered on a case-by-case basis. The list of eligible public facilities include but are not limited to the following and may include facilities included as part of the City’s or another public agency's development impact fee program to the extent permitted by the Mello-Roos Act or the Improvement Acts:
Streets, highways and bridges Flood control facilities
Street lighting Libraries
Traffic signals and safety lighting Public utilities
Parks Police and fire protection facilities
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Special Assessment and Community Facilities District Goals and Policies Governmental facilities Recreation facilities, including golf courses
Sanitary sewer facilities
Storm drain facilities
Biological mitigation measures
involving land acquisition, dedication
and revegetation
Potable and reclaimed water facilities Landscaping
In general, streets, highways and bridges; street lighting; traffic signals and safety lighting; parks; and storm drain facilities will have priority over the others, however, the City will evaluate the needs of the project area and has final determination as to any facility’s eligibility for financing, as well as the prioritization of facilities to be included within a financing district. Use of bond proceeds for grading and right-of- way acquisition will be reviewed by the City and bond counsel on a case-by-case basis.
It is secondarily the policy of the City to assist in the provision of other public facilities when to do so is necessary, in the sole discretion of the City Council acting as the legislative body of the affected Community Facilities District, to serve taxpayers residing within or owning property within the City boundaries.
Additionally, the City may finance any one or more of the types of services specified in Section 53313 of the Act. Priority for Community Facilities District financing shall be given to services provided by or directly benefiting the City and, if multiple services are to be financed, with no service having priority over another service; provided, however, the City has final determination as to any service’s eligibility for financing. The City shall not finance services on behalf of other public agencies.
It is acknowledged the Mello-Roos Act permits the financing of fee obligations imposed by governmental agencies, the proceeds of which fees are generally to be used to fund public capital improvements. The City will consider applications to finance fee obligations on a case-by-case basis. The City will condition the financing of city facilities through a facilities CFD or through participation in a Joint Community Facilities Agreement on the applicant’s agreement to provide funding or a funding mechanism to cover on-going public safety costs associated with the respective residential project, an option for such funding is participation in a public safety CFD. This requirement will apply to any residential project that is already participating in a facilities CFD or a Joint Community Facilities Agreement if that residential project requires further discretionary approvals at the time this policy and procedure is approved.
When it is determined by the City that fees are to be financed, the City may collect a premium of the total fees to be financed. Such premium shall not exceed twenty percent (20%) of the total fees to be financed. The City may use the premium to finance public facilities and improvements directly benefiting and identified by the City as the most necessary to serve the specific needs of the portion of the City in which the Community Facilities District will be located.
B. CREDIT QUALITY – VALUE-TO-LIEN RATIO
Item Title: 12.1
Public Safety Community Facilities District
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Special Assessment and Community Facilities District Goals and Policies Credit quality will be determined in part by the District (or improvement area) property value-to-lien ratio which will be at a minimum 4:1, including the value of the financed public improvements to be installed, and considering all prior orpending special taxes or improvement liens and debt. Value-to-lien ratios of individual parcels will be reviewed to analyze credit quality. Acceptance by the City of the value-to-lien ratio will be determined by an appraisal with recommendations from bond counsel, any financial advisor, and the underwriter with consideration of the project and diversification of land ownership.
The appraisal shall be coordinated by, under the direction of, and addressed to the City. The applicant shall pay all costs associated with the preparation of the appraisal report through an advance deposit of funds with the City. The appraiser should be credentialed by the State of California Office of Real Estate Appraisers and be a Member of the Appraisal Institute (MAI). The appraiser should have demonstrated prior experience in appraising property subject to special assessments or taxes in conjunction with a bond offering.
The appraisal shall be conducted in accordance with criteria, standards and assumptions in accordance with the California Debt and Investment Advisory Commission Appraisal Standards for Land-Secured Financings, and based upon the recommendations from the City’s financing team. In every case, the appraisal shall reflect national Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and employ all, or a combination of: discounted cash flow, bulk sale comparable, raw land value as is, and project build-out values.
Upon receiving an appraisal, determining the value-to-lien ratio, and evaluating the project and current underwriting criteria, the City will require letters of credit or other security to secure payment of the special taxes to be levied annually on properties within the District. Letters of credit or other security may also be required for individual parcels of specific property ownership within a District.
For projects with a significant amount of development or the refunding of outstanding special assessment and community facilities district debt, the assessed value of property or other mass appraisal techniques may be options for the establishment of credit quality.
Depending on the circumstances of the development, a market absorption study may be required. City will retain the consultant to prepare a report to verify market absorption assumptions and projected base sales prices of the properties subject to the special taxes or assessments in the District. The market absorption study shall be completed prior to completion of the appraisal, and the appraisal shall take into consideration the conclusions of the market absorption study. The City may require a mortgage study to analyze existing types of mortgages in the District to provide additional information to potential bond investors.
C. SECURITY
The City may, at its discretion, require additional credit enhancement to be provided by one or more developers and/or landowners to increase the credit quality of any CFD bond issue and to reduce the potential for a bond default. Such credit enhancements may be required in situations where there is an insufficient value-to-lien ratio, where a substantial amount of the property within a CFD is Item Title: 12.1
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Special Assessment and Community Facilities District Goals and Policies undeveloped, where property ownership is concentrated, where tax delinquencies are present in parcels within the CFD, and in any other situation as required by the City. The form of any credit enhancement is subject to approval by the City, and the City shall impose specific requirements with respect to such credit enhancement; however, such credit enhancement will generally be in the form of an irrevocable standby letter-of-credit or a cash deposit, will be required to be in an amount not less than 200% of the share debt service or a 2-year security payment of the special tax requirement allocable to the applicable developer- owned parcels for which such credit enhancement is required, and will be required to remain in effect until the share of debt service allocable to such developer- owned parcels is less than 20% of the annual debt service on all outstanding bonds for such CFD. The Chief Financial Officer or the City Manager have discretion to waive this requirement in the face of extenuating circumstances.
6. EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES Special tax formulas for Community Facilities Districts shall provide for minimum special tax levels that satisfy the following expenses of all Community Facilities Districts: (a) at least 110 percent debt service coverage for all Community Facilities District bonded indebtedness, (b) the reasonable and necessary administrative expenses of the Community Facilities District, and (c) amounts equal to the differences between expected earnings on any escrow fund and the interest payments due on bonds of the Community Facilities District. Additionally, the special tax formula may provide for the following:
(a) any amounts required to establish or replenish any reserve fund established in association with the indebtedness of the Community Facilities District, (b) the accumulation of funds reasonably required for future debt service, (c) amounts equal to projected delinquencies of special tax payments, (d) the costs of remarketing, credit enhancement and liquidity facility fees, (e) the cost of acquisition, construction, furnishing or equipping of facilities, (f) lease payments for existing or future facilities, (g) costs associated with the release of funds from an escrow account, and (h) any other costs or payments permitted by law, including, but not limited to, financing any one or more of the types of services specified in Section 53313 of the Mello-Roos Act.
The special tax formula shall be reasonable and equitable in allocating public facilities’ costs to parcels within the Community Facilities District. Unless the City determines that special circumstances warrant a change, the special tax formula originally accepted for the Community Facilities District shall remain the same in order to ensure equity as originally envisioned at the time of Community Facilities District formation. At the time of formation of the Community Facilities District, exemptions from the special tax may be given to parcels that are publicly owned, are held by a property owner’s association, are used for a public purpose such as open space or wetlands, are affected by public utility easements making impractical their utilization for other than the purposes set forth in the easements, or have insufficient value to support bonded indebtedness.
It is the goal of the City that maximum special taxes or assessments on residential owner- occupied property, when taken together with ad valorem taxes, any other special taxes levied pursuant to the Act and assessments applicable to such property, do not exceed in any year two percent (2%) of the greater of the assessed value or appraised value of such property. Nevertheless, special taxes on residential owner-occupied property, when taken Item Title: 12.1
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Special Assessment and Community Facilities District Goals and Policies together with ad valorem taxes, any other special taxes levied pursuant to the Act and assessments applicable to such property, may exceed in any year two percent (2%) of the greater of the assessed value or appraised value of such property if the City determines at the time of formation of a Community Facilities District that over the term of the bonds, the special taxes, ad valorem taxes and assessments are expected to average two percent (2%) or less per year of the greater of the assessed value or appraised value of such property. It is further the policy of the City to comply with the provisions of Section 53321 of the Act with respect to the escalation of maximum taxes.
Special taxes will only be levied on an entire County Assessor’s parcel, and any allocation of special tax liability of a County Assessor’s parcel to leasehold or possessory interest in the fee ownership of such County Assessor’s parcel shall be the responsibility of the fee owner of such parcel (except where the City is the fee owner of the parcel and has, subsequent to the date of adoption of these goals and policies, leased the parcel pursuant to a lease with a term of at least 5 years, in which case the lessee shall have the responsibility for the special tax liability) and the City shall have no responsibility therefor and has no interest therein. Failure to pay or cause to be paid any special taxes in full when due shall subject the entire parcel to foreclosure in accordance with the Act.
The City shall have a report prepared that: (a) recommends special tax rates and methods of allocation among parcels in the proposed Community Facilities District, and (b) evaluates the special tax proposed to determine its ability to adequately fund identified public facilities, City administrative costs, services (if applicable) and other related expenditures.
A. The City shall retain a special tax consultant to prepare a Rate and Method of Apportionment and the report described above that:
B. Recommends a special tax formula for the proposed Community Facilities District.
C. Evaluates the special tax proposed to determine its ability to adequately fund identified public facilities and proposed services, City administrative costs, services (if applicable) and other related expenditures. The Rate and Method of Apportionment of special taxes shall be designed to ensure sufficient revenues are produced in case of final development at lower densities than anticipated.
D. The special tax consultant shall also address the resulting aggregate tax burden of all proposed special taxes plus existing special taxes, ad valorem taxes and assessments on the properties within the Community Facilities District.
7. TERMS AND CONDITIONS OF BONDS
The City shall establish all terms and conditions of the bonds. The City will control, manage and invest all District-issued bond proceeds. Each bond issue shall be structured to adequately protect bond owners and to not adversely impact the bonding capacity or credit rating of the City. Unless otherwise authorized by the City, the following shall serve as bond requirements:
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Public Safety Community Facilities District
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Special Assessment and Community Facilities District Goals and Policies A. A reserve fund equal to the lesser of (i.) 10% of the issue price of the bonds, (ii.) maximum annual debt service or (iii.) 125% of average annual debt service, or as otherwise deemed appropriate by the City.
B. For Districts containing residential property, the timing of bond sales(s) and/or Rate and Method of Special Tax Apportionment shall be such that special taxes or special assessments are levied no later than the first fiscal year following the occupancy of residential units. For all Districts, interest shall not be funded (capitalized) beyond what is permitted in the Mello-Roos Act or the Improvement Acts.
C. The repayment of principal shall begin on the earliest principal payment date for which sufficient special tax revenues can be made available.
D. Beginning with the commencement of the repayment of principal, annual debt service shall be level. The City may consider an increasing annual debt service, but such increases shall not exceed 2% per year for the term of the bonds.
E. The maximum special tax shall be established to assure that the annual revenue produced by levy of the maximum special tax shall be equal to at least 110% of the maximum annual debt service plus administration. Under no circumstances shall the coverage be used to support the issuance of Bonds.
F. Prior to the issuance of the bonds, the City shall authorize its bond counsel to commence and process to final judgment an action establishing the validity of the proceedings, special tax and issuance of bonds, unless advised to the contrary by such bond counsel.
G. In instances where multiple series of bonds are to be issued, the first series shall include public facilities of highest priority acceptable to the City.
H. All statements and materials related to the sale of special assessment or Community Facilities District bonds shall emphasize and state that neither the good faith, nor the taxing power of the City is pledged to the security or repayment of the bonds. The sole sources of revenues to secure bond owners are special taxes, annual assessments or foreclosure proceeds.
8. AGREEMENTS
Agreements will be prepared incidental to District formation proceedings in a form satisfactory to the City and consistent with these policies. These agreements may include, but not be limited to:
A. Deposit and Reimbursement Agreement.
B. Funding and Acquisition Agreement.
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 31
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Policy CC-20
Special Assessment and Community Facilities District Goals and Policies C. Joint Community Facilities Agreements with any other public agency entitled to receive any portion of the bond proceeds or entitled to own and operate any of the public facilities financed by bond proceeds.
Prior to the formation of a District, all of the agreements specified shall be duly approved and executed by the relevant parties; provided that any Joint Community Facilities Agreement may be approved and executed prior to the approval of the issuance of bonds.
Prior to execution of any agreements, such agreements shall be reviewed and approved by bond counsel and the City Attorney and approved by the City Council.
9. USE OF CONSULTANTS
The City shall have the sole discretion as to selection of consultants and determination of fees and expenses of all consultants necessary for the formation of the District and the issuance of bonds, including the underwriter(s), bond counsel, financial advisor, assessment engineer, appraiser, trustee, paying agent, market absorption consultant, and the special tax consultant after reasonable consultation with the applicant. Prior consent of the applicant shall not be required in the determination by the City of the consulting and financing team.
The City shall also be responsible for determining the structure of the bonds to be issued, including the method of sale (negotiated or competitive), the need for bond ratings, the need for escrow provisions, investment of bond proceeds, and all other terms and conditions incidental to structuring and closing a bond issuance.
Consultants of the City for the District shall comply with the requirements of the Fair Political Practices Commission and of the California Government Code.
10. ACQUISITION PROVISIONS
The City shall have final determination as to whether it will allow the financing of public facilities through acquisition or if the improvements will be constructed by the City.
In the event the acquisition provisions of the Municipal Improvement Act of 1913 or the Mello-Roos Act are utilized, the City, at its sole discretion, will determine the facilities to be acquired, the priority of acquisition of completed facilities and the method of determining reasonable acquisition costs. Applicable bidding and prevailing wage requirements are extensive and will be addressed during the preparation of the funding and acquisition agreement.
The City has determined (pursuant to Section 53329.5(c) of the Government Code) that the public interest will not be served by allowing property owners to elect to enter into agreements with the City to perform construction work after competitive construction bids have been received. The City Council will make such a determination in the resolution of intention regarding the formation of a Community Facilities District.
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 32
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Policy CC-20
Special Assessment and Community Facilities District Goals and Policies
11. DISCLOSURE TO PURCHASERS
Developers who are selling lots or parcels that are within a Community Facilities District shall provide disclosure notice to prospective purchasers that complies with all of the requirements set forth in Section 53341.5 of the Government Code. The disclosure notice must be provided to prospective purchasers of property at or prior to the time the contract or deposit receipt for the purchase of property is executed. Developers shall keep an executed copy of each disclosure document as evidence that disclosure has been provided to all purchasers of property within a Community Facilities District.
Owners of land securing 20% or more of the debt service on bonds will be required to provide financial information, as deemed appropriate by the City, for inclusion in the continuing disclosure document the City must provide annually and will also be required to provide written undertakings to provide financial and operating data as required by the SEC’s Rule 15c2-12 and by the underwriter of the bonds.
Additionally, the continuing disclosure document shall be reported to City Council annually, to receive and file.
12. PROPERTY OWNER SUPPORT
In the instance of multiple property owners, the applicant shall be required to produce letters evidencing other property owners’ support for the scope and establishment of the District as an attachment to the application. The applicant must have concurrence of at least 60% of the other property owners to be included in the proposed District, unless there is an overriding need for the public facilities, or the applicant is willing to separately fund the facilities for non-participating property.
13. LAND USE APPROVALS
Properties proposed for inclusion in a District must possess a land use determination such that proposed development land uses and specific facility requirements can be adequately assessed.
14. EXCEPTIONS TO THESE POLICIES
The City may find in limited and exceptional instances that a waiver to any of the above stated policies is reasonable given identified special City benefits to be derived from such waiver. Such waivers are granted only by action of the City Council based upon specific public purpose and/or health and safety findings.
A waiver of certain provisions of these policies may also be relevant for the refunding of outstanding special assessment and Community Facilities District debt.
15. APPLICATION PROCESS
Early communication with the City is encouraged to assist applicants in evaluating the feasibility of available financing programs and to discuss program procedures.
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 33
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Policy CC-20
Special Assessment and Community Facilities District Goals and Policies A.Preapplication Conference: Applicant meets with City to discuss the proposed project and application procedures.
B.Application Submission: Applicant/developer shall submit an application to the City with a deposit and reimbursement agreement in the amount of $70,000 as of September 2025. The Chief Financial Officer is authorized to increase this required deposit if formation costs increase in the future. The deposit will be handled as set forth in the Deposit and Reimbursement Agreement as established by the City and approved by the applicant/developer. This deposit is for the purpose of application processing, preliminary costs, retention of appropriate consultants, and the compensation of staff time devoted to the formation of the District. The City will conduct an initial evaluation of the application to determine if it is complete and whether additional information is required.
C.Project Review: Applicant and City staff meet to discuss initial application, including any issues raised and further information that might be required. If necessary, applicant submits revised application.
D.Application Processing: Upon City determination that the application is complete, staff prepares a staff report, which forwards the request for district formation and project financing and staff recommendation to the Finance Committee for review.
E.City Council Consideration: The City Council grants or denies the application.
F.Project Initiation: Staff submits consultant contracts, reimbursement agreements and other similar items for City Council consideration.
G.Project Implementation: Applicant, staff and consultants meet to determine preliminary project schedule and begin work necessary to initiate district formation.
This document outlines district formation procedures.
16. SPECIAL ASSESSMENT DISTRICT FORMATION PROCEEDINGS FORMAT Assessment district proceedings under the Municipal Improvement Act of 1913 normally provide for the construction of improvements by the City and the financing of such improvements with improvement bonds, which are secured by a fixed lien assessment on the benefited property. In certain instances, if authorized by the City, the developer may construct the improvements (or portion thereof), which would be acquired by the City as provided in the proceedings.
The formation proceedings are subject to and contingent upon satisfaction of all environmental zoning and land use regulations. The following is a summary of the proceedings under the Municipal Improvement Act of 1913 for the formation of an Assessment District. All such proceedings are subject to the requirements of the Improvement Acts, as applicable.
A.Initiation of Proceedings. An applicant or landowner petition for City Council action initiates a request to form the District. Upon initiation, the design engineer Item Title: 12.1
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Special Assessment and Community Facilities District Goals and Policies prepares plans, specifications and cost estimates of the proposed public improvements. The assessment engineer begins preparing the Engineer’s Report, including the assessment diagram, assessment roll, description of improvements and preliminary cost spread. If required, the Environmental Impact Report “EIR” consultant begins processing the appropriate environmental documentation for the public improvements.
B.Presentation of Report. Upon completion of the preliminary engineering work, the City Council adopts a resolution of intention to form the assessment district, approves the Engineer’s Report, calls for construction bids, authorizes the future sale of bonds, sets the date, time and place for the public hearing and directs assessment notices to be mailed.
C.Bid Process. Finance Department receives construction bids. Assessment engineer modifies the assessment roll and Engineer’s Report and notifies property owners of revised assessments.
D.Public Hearing. City Council holds public hearing at which written protests are presented and public testimony is taken. If a majority protest has not been received, City Council approves district formation, awards bids, orders construction work, confirms the assessments, directs the Chief Financial Officer/Treasurer to mail assessment notices and approves the bond sale.
E.Cash Collection Period. Treasurer may receive cash payments during the 30 days following confirmation if property owners elect to pay off the assessment or portion thereof prior to the issuance of bonds.
F.Authorize Issuance of Bonds. City Council determines the balance of unpaid assessments and provides for the issuance of bonds to be secured thereby.
G.Sale of Bonds. Bonds are issued in exchange for the cash proceeds of the sale, which are held by the City or its fiscal agent (or paying agent/registrar) and utilized for the construction of public improvements described in the Engineer’s Report.
17. MELLO-ROOS COMMUNITY FACILITIES DISTRICT FORMATION PROCEEDINGS A Community Facilities District is a legally constituted governmental entity created for the purpose of financing public facilities and services.
The formation proceedings are subject to and contingent upon satisfaction of all environmental, zoning and land use regulations. The following is a summary of the proceedings for the formation of a Community Facilities District under the Mello-Roos Act.
All such proceedings are subject to the requirements of the Mello-Roos Act.
A.Initiation of Proceedings. Proceedings must be instituted when a written request is made by a petition signed by 10% of the registered voters or 10% of the landowners by area. The petition shall be accompanied by payment of a deposit in an amount determined by the City Council to be sufficient to pay for costs incurred in conducting the proceedings.
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 35
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Policy CC-20
Special Assessment and Community Facilities District Goals and Policies B.Resolution of Intention. Within 90 days of the receipt of a written request or petition, the City Council will adopt a resolution of intention to establish a Community Facilities District. The resolution will state the name of the proposed CFD, the types of facilities or services to be financed and that, except where funds are otherwise available, a special tax to pay for such facilities and services will be annually levied. The resolution of intention shall also fix a time and place for a public hearing between 30 and 60 days after the adoption of the resolution of intention, describe the method of levy and apportionment of the special tax and describe the proposed voting procedure. In addition, the resolution may specify conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied. The City Council directs its responsible officers to study the proposed district and to file a report at or before the public hearing describing the proposed public facilities and services and an estimate of costs.
C.Public Hearing. Protests against the establishment of the Community Facilities District, the extent of the CFD or the furnishing of specified types of public facilities or services may be made orally or in writing by interested persons or taxpayers. If 50% or more of the registered voters, or 6 registered voters, whichever is more, residing within the proposed CFD or the owners of 1/2 or more of the area of land in the proposed CFD file written protests against the establishment of the CFD, the proceedings are abandoned. If the protests are directed toward certain types of facilities or services, or against a specified special tax, those specific items may be eliminated from the resolution forming the CFD. The hearing may be continued for up to 30 days without special findings and up to 6 months if the City Council makes specified findings.
D.Resolution of Formation. If the City Council decides to establish the Community Facilities District, it will adopt a resolution of formation containing similar information as contained in the resolution of intention.
E.Election. If the City Council determines to form the Community Facilities District, it submits the question of whether special taxes should be levied to an election of the voters (or landowners if fewer than 12 registered voters reside within the boundaries of the proposed CFD for each of the 90 days prior to the date of the public hearing) of the proposed CFD. Combined with the tax proposition, there may be a proposition on the question of incurring bonded indebtedness. The tax, in order to be levied, must be approved by two-thirds of the votes cast and thereafter levied by adoption of an ordinance of the City Council. The Mello-Roos Act provides that the election shall be at the next general election or at a special election to be held between 90 and 180 days following the close of the protest hearing. The unanimous consent of the qualified electors within the proposed district and the concurrence of the election official conducting the election may shorten the election time limits.
F.Special Tax Bonds. A Community Facilities District may be created solely to provide the services permitted by statute. However, most CFDs have been created specifically for the purpose of levying special taxes to service bonded indebtedness incurred by the CFD in order to finance the construction of facilities.
Maintenance Districts may also be created. The proceedings to authorize and incur Item Title: 12.1
Public Safety Community Facilities District
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Policy CC-20
Special Assessment and Community Facilities District Goals and Policies bonded indebtedness usually parallel the proceedings for formation of the CFD and the authorization to levy the special tax, although the bond proceedings could be conducted separately and at a later date. The proceedings to authorize bonded indebtedness involve a resolution of intention, public hearing and election; all conducted in a manner very similar to proceedings to form the community facilities district and levy the tax. CFD bonds may be sold competitively or through negotiated sale and may bear fixed or variable interest rates.
In some cases, a Community Facilities District may provide specified facilities for only a portion of the land within the CFD. In that event, the Act provides for the formation of improvement areas for which separate elections are conducted and to which a specified special tax applies.
18. ROLES AND RESPONSIBILITIES
A. The City Manager or designee is responsible for administering this policy and procedure.
B. All employees are responsible for compliance with this policy and procedure.
C. The annual continuing disclosure document shall be reported to City Council, to receive and file.
D. An annual review of outstanding bonds shall be evaluated for refunding.
19. DEFINITIONS
Unless the context otherwise requires, the terms employed in the following policies shall have the meanings specified below:
“Bonds” means bonds authorized and issued under the Mello-Roos Community Facilities Act of 1982 or the Municipal Improvement Act of 1911 and the Improvement Bond Act of 1915.
“City” means the City of Menifee.
“Community Facilities District” means a special tax district established by a local government under the Mello-Roos Community Facilities Act of 1982 to finance public infrastructure and services in a specific geographic area. “District” means a Community Facilities District formed under the Mello-Roos Community Facilities Act of 1982 or an assessment district formed under the Improvement Act of 1911 or the Municipal Improvement Act of 1913, as amended. “Improvement Acts” means current enabling legislative Acts of 1911, 1913, 1915 and 1972.
“Mello-Roos Act” means the Mello-Roos Community Facilities Act of 1982.
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 37
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City of Menifee Policy CC-20
Special Assessment and Community Facilities District Goals and Policies "Public Facilities" means improvements authorized to be constructed or acquired under the Mello-Roos and Improvement Acts including, but not limited to, fees for capital facilities imposed by public agencies as a condition to approval of the development encompassed by the district or as a condition to service the district. "Value" or "Fair Market Value" means the value established by the appraisal undertaken to establish value-to-lien ratios for a land-secured financing.
20. Revision History
Revision No.
Date
Approve Approved By: Comments
0 9/6/2011 City Council OriQinal Policy (FN-9)
1 4/15/2020 City Council Revision, Policy No. Chanqed to CC-20 2 9/3/2025 City Council Revision, Security/Deposits/Sale as Rentals Mayor Ricky Estrada
Item Title: 12.1
Public Safety Community Facilities District
Item Page Number: 38
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City of Menifee Page 1
Community Facilities District No. 2026-S (Safety Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2026-S (SAFETY SERVICES)
OF THE CITY OF MENIFEE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2026-S (Safety Services) (the “CFD No. 2026-S” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2026, in an amount determined by the City Council of the City of Menifee, acting in its capacity as the legislative body of CFD No. 2026-S, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2026-S, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Accessory Dwelling Unit” means a residential unit of limited size including smaller secondary unit(s) that shares an Assessor’s Parcel with Single Family Property that has a stand-alone Residential Unit. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2026-S including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2026-S, or any designee thereof associated with fulfilling the CFD No. 2026-S reporting requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2026-S or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees, collection expenses, and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2026-S for any other administrative purposes of CFD No. 2026-S, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Menifee, or his or her designee. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means the identification number assigned to a parcel by the County Assessor of the County of Riverside.
“CFD” or “CFD No. 2026-S” means the City of Menifee Community Facilities District No. 2026-S (Safety Services).
“City” means the City of Menifee.
“County” means the County of Riverside.
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Community Facilities District No. 2026-S (Safety Services) “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section D.
“Fiscal Year” means the period from and including July 1 st of any year to and including the following June 30th.
“Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the CFD for any Fiscal Year.
“Multi-Family Property” means all Assessor's Parcels of Developed Property for which a building permit or use permit for the construction of a residential structure with two or more Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator, has been issued prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. “Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels. “Rate and Method of Apportionment” or “RMA" means this Rate and Method of Apportionment of Special Taxes.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Property shall not be considered a Residential Unit for purposes of this Rate and Method of Apportionment.
“Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2026-S as set forth in Appendix B.
“Single Family Property” means any residential property other than a Multi-Family Property on an Assessor’s Parcel for which a building permit for new construction has been issued by the City on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied. “Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
"Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain costs as required to meet the public safety needs of CFD No. 2026-S in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) fire protection services and suppression services, (iii) paramedic services, (iv) fund an Item Title: 12.1
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Community Facilities District No. 2026-S (Safety Services) operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax Requirement include funds for bonds. "Taxable Property" means all Assessor’s Parcels within CFD No. 2026-S, which are not Exempt Property.
“Taxable Unit” means a Residential Unit.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property.
B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES As of July 1 of each Fiscal Year, commencing July 1, 2026, the Council shall determine the Special Tax Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels within the CFD which constitute a Developed Property of Residential Property, including Single Family Property or Multi- Family Property, until the aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement.
No Special Tax shall be levied upon Undeveloped Property for which a Building Permit has not been issued on or prior to May 1 preceding the Fiscal Year in which the Special Tax is being levied.
The Maximum Special Tax for Fiscal Year 2026-2027 for a Single Family Property and Multi-Family Property are shown below in Table 1.
TABLE 1
MAXIMUM SPECIAL TAX RATES
FISCAL YEAR 2026-2027
Description
Taxable
Unit
Maximum
Special Tax
Single Family Property RU $525
Multi-Family Property RU $411
Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2027 the Maximum Special Tax for Developed Property of Single Family Property and Multi-Family Property shall increase by four percent (4.0%).
C. TERM OF SPECIAL TAX
For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being provided within the boundaries of CFD No. 2026-S.
D. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2026-S, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, Item Title: 12.1
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Community Facilities District No. 2026-S (Safety Services) encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator; or (v) any Assessor’s Parcel which is not a Single Family Property or a Multi- Family Property; (vi) any Assessor’s Parcel that qualifies for a welfare exemption under applicable state or local law; or (vii) any Assessor’s Parcel that is owned by a property owner association and used for common area purposes.
E. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. The Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the Administrator’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
F. MANNER OF COLLECTION
The Maximum Special Taxes levied in each Fiscal Year shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
However, the CFD No. 2026-S may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section 3115.5 of the Streets and Highways Code. This lien shall be a continuing lien and shall secure each levy of Maximum Special Taxes. The lien of Maximum Special Taxes shall continue in force and effect until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government Code.
G. INTERPRETATION
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
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Community Facilities District No. 2026-S (Safety Services)
APPENDIX A
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2026-S
(SAFETY SERVICES)
SUMMARY
Safety Services - It is estimated that the cost of providing police, fire protection and suppression services, and paramedic services being funded by the Special Tax for the Community Facilities District No. 2026-S (Safety Services) will be as follows for the Fiscal Year 2026-2027:
$525 per residential unit for Single Family Property
$411 per residential unit for Multi-Family Property
Annual Escalation - On each July 1, commencing on July 1, 2027 the Maximum Special Tax for Developed Property of Single Family Property and Multi-Family Property shall increase by four percent (4.0%).
Annex #
Fiscal
Year
Tract/
APN
Development
Name
No. of
Taxable
Units
Land Use
Category
Maximum
Special Tax Subdivider
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Community Facilities District No. 2026-S (Safety Services)
APPENDIX B
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2026-S
(SAFETY SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2026-S, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety.
These services include police protection services (including but not limited to criminal justice services), fire protection and suppression services, and paramedic services.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the Administrator.
The above services shall be limited to those provided within the boundaries of CFD No. 2026-S for the benefit of the properties within the boundaries of CFD No. 2026-S and said services may be financed by proceeds of the special tax of CFD No. 2026-S only to the extent that they are in addition to those provided in the territory of CFD No. 2026-S before CFD No. 2026-S was created.
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CITY OF MENIFEE
SUBJECT: Overview of Recent Amendments to the Ralph M. Brown Act MEETING DATE: June 17, 2026
TO: Mayor and City Council
PREPARED BY: Stephanie Roseen, City Clerk
REVIEWED BY: Stephanie Roseen, City Clerk
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Receive an overview of the new legislative amendments to the Ralph M. Brown Act related to mandatory remote public participation for City Council meeting; and
2. Adopt the Disruption of Telephonic or Internet Service During City Council Meetings Policy as required by the Ralph M. Brown Act, outlining disruption procedures for two-way remote access at City Council Meetings; and
3. Adopt a resolution determining reasonable efforts to encourage public participation in City Council meetings.
DISCUSSION
Background
The Ralph M. Brown Act (Government Code Sections 54950 – 54936) (Brown Act) is California’s open meeting law for local government agencies and was enacted to ensure transparency, accountability, and public participation in local government decision-making processes. Public meetings of local legislative bodies, including city councils, commissions, and committees are governed by the Brown Act. The law establishes that the actions and deliberations of local agencies are to be conducted openly so that the public may remain informed and actively participate in governmental affairs.
Senate Bill 707 (SB 707), signed into law in October 2025, amended the Brown Act through a broad overhaul of existing public meeting requirements. Most notably, the legislation expanded requirements related to remote public participation for City Council meetings by requiring qualifying agencies to provide hybrid meeting options that allow the public to attend and participate both in person and remotely.
Based on Menifee’s population of over 100,000 residents, the City Council is considered an Item Title: 12.2
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“Eligible Legislative Body”. Accordingly, the City Council is required to comply with the legislation’s hybrid meeting requirements by July 1, 2026. Due to the previously approved cancellation of the July 1, 2026 regular City Council meeting, the first City Council meeting to offer hybrid public participation will be held on July 15, 2026. Summarized below are the key changes to the Brown Act.
Mandatory Remote Public Participation – City Council Meetings Only Beginning with the July 15, 2026 City Council meeting, the City will be required to provide an opportunity for real-time remote public participation during City Council meetings. The legislation requires that members of the public be able to provide live public comment through an audio or audio-visual platform. SB 707 also prohibits agencies from requiring members of the public to register or create an account in order to observe or participate remotely in a meeting. Additionally, remote public commenters must be provided with the same amount of speaking time as members of the public providing comments in person.
To comply with the remote participation requirements, the City of Menifee will implement public participation through Microsoft Teams. Members of the public will be able to participate remotely by telephone or internet connection and provide live public comment during designated public comment periods. Remote participation will be audio-only, and video participation by members of the public will not be enabled. To facilitate orderly meeting operations, members of the public attending in person will be provided the opportunity to address the City Council first, followed by individuals participating remotely. Consistent with state law, remote participants will be afforded the same amount of speaking time as in-person speakers. SB 707 clarifies that the presiding officer's authority to maintain order during a meeting extends to participants attending remotely.
Consistent with existing Brown Act provisions governing disruptive conduct, the presiding officer may remove or limit the participation of a remote attendee whose conduct disrupts the meeting.
Instructions for accessing and participating in City Council meetings remotely will be included on each meeting agenda and posted on the City’s agenda webpage to ensure the public has clear and accessible participation information in advance of each meeting.
Disruption of Telephonic or Internet Service Policy
As part of the amendments established under SB 707, cities are required to adopt a policy establishing procedures for maintaining public access and participation when technological disruptions occur during a meeting. The policy must be adopted by the City Council at an open meeting no later than July 1, 2026, and include an oral report prior to adoption.
Under the legislation, a disruption that prevents members of the public from accessing or participating in the meeting remotely requires the City Council to recess the meeting for a minimum of one hour or until remote access is restored. Upon such disruption, the Presiding Officer or City Clerk must immediately notify the public, and the Presiding Officer would be required to recess the meeting or convene a closed session as permitted by law. Staff would promptly initiate efforts to restore remote access services.
If remote service is not restored after the minimum one-hour recess, the City Council could either continue the recess, adjourn the meeting, or would be required to make a determination by roll call vote that good faith effort to restore service had been made in accordance with the adopted Item Title: 12.2
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policy, and that the public interest in continuing the meeting outweighs the public interest in remote public access.
Agenda Accessibility and Translations
Eligible local agencies are also required to provide translated versions of City Council meeting agendas when a language other than English is spoken jointly by 20 percent or more of the applicable population served by the agency. This requirement applies to the meeting agenda itself and does not extend to the full agenda packet or supporting attachments. Based on applicable demographic thresholds, Menifee is required to provide Spanish translations of City Council meeting agendas.
Additionally, the City must provide an on-site public posting location to allow members of the public to post their own translated agendas in languages other English and Spanish. A designated box will be installed outside the City Hall adjacent to the existing posting board location. The legislation clearly states that any translations submitted by members of the public are not prepared, reviewed, or endorsed by the City. The City does not assume responsibility or liability for the accuracy, completeness, or reliability of any non-official translations provided by third parties. Official City-published agendas remain the authoritative version for all noticing and public meeting purposes.
Reasonable Outreach Efforts
SB 707 requires qualifying legislative bodies to make reasonable efforts to invite groups that do not traditionally participate in public meetings to attend those meetings. The legislation provides flexibility for local agencies to determine the outreach methods that are most appropriate for their communities.
For the City of Menifee, many of these outreach efforts are already incorporated into existing public engagement practices. The City utilizes a variety of communication tools to increase awareness of City Council meetings and opportunities for public participation, including social media platforms, Menifee Matters, Menifee TV, the City's website, and electronic distribution of meeting agendas to individuals who have requested notification.
The proposed resolution formalizes the City’s current outreach practices and provides flexibility to incorporate additional public engagement methods as technology, communication platforms, and community needs continue to evolve. Consistent with state law, failure to reach a particular group does not create a basis for legal action against the City.
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
SB 707 is a legislative unfunded mandate of cities which must absorb the costs associated with ongoing compliance. Adoption of the proposed policy and resolution does not have a direct fiscal impact on the City.
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To support the required hybrid City Council meeting operations, there will be an increase in operational costs, including an additional part-time employee scheduled to support live broadcasting and public participation efforts. The City has made technology and operational upgrades in the amount of $7,000 which include enhancements to audio monitoring capabilities and meeting management functionality. Ongoing investment in meeting technology, equipment maintenance, software updates, and future equipment replacement will be necessary to support uninterrupted public access and participation. Maintaining reliable technology infrastructure will help reduce the risk of service disruptions that could require meeting recesses or delays under SB 707.
ATTACHMENTS
1. Policy - Disruption of Telephone or Internet Service
2. Resolution – Outreach Efforts
3. Ralph M. Brown Act
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CITY OF MENIFEE
City Council Policy
Policy Number: CC - 27
Approving Authority:
City Council
Subject
Disruption of Telephonic or Internet Service
During City Council Meetings
Effective Date:
7/1/2026
Last Modified:
N/A
1. PURPOSE
This policy establishes procedures for responding to a disruption in the telephonic or internet services that provide two-way remote public access to meetings of the City of Menifee City Council, as required by the Brown Act (Gov. Code § 54953.4). The policy ensures transparency, public participation, and continuity of government during technology disruptions.
2. SCOPE / BACKGROUND
Senate Bill (SB) 707, passed in 2025, amended the Brown Act to require eligible legislative bodies to adopt, on or before July 1, 2026, a policy addressing how the agency will respond to disruptions in telephonic or internet service that prevent members of the public from attending or observing a meeting remotely. This policy is adopted to comply with that requirement and to ensure continuity of public participation during technical disruptions.
3. POLICY
This policy applies to all open and public meetings of the City of Menifee City Council at which remote public participation is offered or required under the Brown Act.
This policy may be amended by the City Council at a noticed public meeting in open session, not on the consent calendar.
4. PROCEDURE
A. Response to Service Disruption
If the Presiding Officer or City Clerk becomes aware of a disruption to the agency’s remote access services that prevents members of the public from attending or observing the meeting remotely:
i. The Presiding Officer or Clerk shall immediately announce the disruption to the public.
ii. The Presiding Officer may then call for a recess of the open session or convene the legislative body in closed session, consistent with the Brown Act. iii. Staff shall begin efforts to diagnose and restore the disrupted service.
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City of Menifee Policy CC-27
Disruption of Telephonic or Internet Service
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0 iv. The meeting shall remain in recess for at least one hour or until service is restored, whichever is sooner. The recess period may be extended if restoration efforts are ongoing.
B. Efforts to Restore Service
The agency shall make good faith efforts to restore remote access services, which may include:
i. Troubleshooting platform or teleconferencing software. ii. Resetting or replacing audiovisual equipment.
iii. Attempting alternative connection methods.
iv. Contacting necessary support staff or service providers. v. Switching to back-up equipment or platforms, if available. vi. The Information Technology and/or Communications staff shall document the restoration efforts undertaken.
C. Reconvening the Open Session
i. The open session may be reconvened after at least one hour has elapsed from the time of disruption or as soon as service is restored, whichever occurs earlier.
ii. If the remote access service is restored before or at the time the meeting reconvenes, the meeting shall continue as normal.
iii. If service has not been restored after one hour, the City Council may reconvene and:
a. Adjourn the meeting; or
b. Continue the meeting in open session by adopting, by roll call vote, the following, or a substantially similar, finding:
“The City of Menifee has made good faith efforts to restore telephonic or internet service in accordance with its adopted policy, and the public interest in continuing the meeting outweighs the public interest in remote public access.”
D. Recordkeeping
The Clerk shall enter a brief statement into the meeting minutes, including the following:
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0 i. The nature and time of the disruption.
ii. The restoration efforts undertaken
iii. The time the meeting was reconvened (if applicable) iv. Any finding adopted pursuant to Section C, iii
5. DEFINITIONS
For purposes of this policy:
Disruption means any failure, outage, or other interruption that prevents members of the public from attending or observing the meeting via these remote access services. Remote Access Services means the two-way telephonic service and/or two-way audiovisual platform used to provide real-time remote public attendance and observation of meetings.
Revision History
Revision No. Date Approved Approved By: Comments
0 June 17, 2026 City Council Original Policy
1 __________________________ ________________________
Mayor Date
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RESOLUTION NO. 26-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, DETERMINING REASONABLE EFFORTS TO
ENCOURAGE PUBLIC PARTICIPATION IN CITY COUNCIL MEETINGS PURSUANT TO GOVERNMENT CODE § 54953.4
WHEREAS, the Ralph M. Brown Act (Government Code § 54950 et seq.) establishes requirements for open and public meetings of local legislative bodies; and WHEREAS, Senate Bill 707 (2025) amended the Brown Act to include additional requirements intended to encourage participation in public meetings, particularly among communities that do not traditionally participate in public meetings and non-English-speaking communities; and
WHEREAS, Government Code § 54953.4(b)(3)(C) requires the City Council to determine and make reasonable efforts to invite groups that do not traditionally participate in public meetings to attend those meetings; and
WHEREAS, such reasonable efforts may include outreach to media organizations serving the jurisdiction, including those serving non-English-speaking communities, as well as civic, neighborhood, community-based, civil rights, and good government organizations; and WHEREAS, Government Code § 54953.4(b)(3)(C)(ii) provides legislative bodies with broad discretion in determining appropriate reasonable efforts and clarifies that no action shall arise from failing to provide notice to any specific group; and WHEREAS, the City is committed to promoting transparency, accessibility, and broad public participation in its public meetings; and
WHEREAS, the City currently uses a variety of communication methods to inform the public of meetings and opportunities to participate; and WHEREAS, the activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of the Menifee, California hereby finds, determines, and orders as follows:
Section 1. Determination of Reasonable Efforts. The City Council determines the following to constitute reasonable efforts to encourage participation in meetings pursuant to Government Code § 54953.4(b)(3)(C):
1. Media Outreach. The City may include media organizations serving the jurisdiction, including media organizations serving non-English-speaking communities, in the distribution of meeting agendas, notices, or other meeting-related information, as appropriate.
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2. Electronic Access and Agenda Subscriptions. The City shall maintain methods for members of the public to access meeting agendas and related materials electronically, including through the City’s website or other regular agenda-posting platform. Where available, the City may also provide options for members of the public to request to receive meeting agendas, notices, or other updates.
3. Multilingual Communication. The City may use multilingual communication methods to increase awareness of meetings and participation opportunities, including translated agendas, translated meeting instructions, multilingual social media posts, website notices, or other communication tools, as appropriate and consistent with applicable law and available resources.
4. Community and Organizational Outreach. The City may provide meeting information through existing communication channels and partnerships with community-based organizations, neighborhood groups, civic organizations, civil rights organizations, good government organizations, and organizations serving non-English-speaking communities, as opportunities arise and consistent with available resources.
5. Use of Existing Communication Channels. The City may use existing outreach methods to share meeting information and participation opportunities, including, but not limited to, the agency website, Menifee’s PEG Channel, email notifications, agenda subscription services, newsletters, social media platforms, public counters, bulletin boards, community meetings, and other established communication tools
6. Flexible and Evolving Methods: The efforts identified in this resolution are intended to provide a flexible framework for outreach and public participation. The City may modify, expand, or adjust its outreach methods over time based on available resources, evolving communication practices, changes in technology, and the needs of the community.
Section 2. Flexible Framework. The efforts identified in this resolution are intended to provide a flexible framework for outreach and public participation. The City may modify, expand, or adjust its outreach methods over time based on available resources, evolving communication practices, changes in technology, and the needs of the community.
Section 3. No Requirement to Provide Notice to Any Specific Group. Consistent with Government Code Section 54953.4(b)(3)(C)(ii), this resolution does not require notice to any specific group or organization, and no action shall arise from the failure to provide notice to any specific group or organization.
Section 4. The City Clerk shall certify the adoption of this resolution.
Section 5. This resolution shall take effect upon the date of its passage and adoption.
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PASSED, APPROVED AND ADOPTED this 17th day of June, 2026. ___________________________
Ricky Estrada, Mayor
Attest:
___________________________
Stephanie Roseen, City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
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Code: Select Code Section: 1 or 2 or 1001 Search
54950.
54950.5.
54951.
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GOVERNMENT CODE - GOV
TITLE 5. LOCAL AGENCIES [50001 - 57607] ( Title 5 added by Stats. 1949, Ch. 81. ) DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821] ( Division 2 added by Stats. 1949, Ch. 81. ) PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7] ( Part 1 added by Stats. 1949, Ch. 81. )
CHAPTER 9. Meetings [54950 - 54963] ( Chapter 9 added by Stats. 1953, Ch. 1588. ) 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.
(Added by Stats. 1953, Ch. 1588.)
This chapter shall be known as the Ralph M. Brown Act.
(Added by Stats. 1961, Ch. 115.)
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.
(Amended by Stats. 1959, Ch. 1417.)
As used in this chapter, “legislative body” means:
(a) The governing body of a local agency or any other local body created by state or federal statute. (b) A commission, committee, board, or other body of a local agency, whether permanent or temporary, decisionmaking or advisory, created by charter, ordinance, resolution, or formal action of a legislative body.
However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter. (c) (1) A board, commission, committee, or other multimember body that governs a private corporation, limited liability company, or other entity that either:
(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.
Home Bill InformationCalifornia Law PublicationsOther ResourcesMy SubscriptionsMy Favorites Item Title: 12.2
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(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. (Amended by Stats. 2002, Ch. 1073, Sec. 2. Effective January 1, 2003.) 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. (Amended by Stats. 1994, Ch. 32, Sec. 2. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.) (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 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 by 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.
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54952.3.
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(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person that do not violate subdivision (b).
(2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance. (3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, or at an open and noticed meeting of a legislative body of another local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, 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.
(Amended (as amended by Stats. 2020, Ch. 89, Sec. 1) by Stats. 2025, Ch. 327, Sec. 1. (SB 707) Effective January 1, 2026.) (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. (Added by Stats. 2011, Ch. 91, Sec. 1. (AB 23) Effective January 1, 2012.) 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. (Added by Stats. 1961, Ch. 1671.)
A local agency shall provide a copy of this chapter to any person elected or appointed to serve as a member of a legislative body of the local agency.
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54953.
(Amended by Stats. 2025, Ch. 327, Sec. 3. (SB 707) Effective January 1, 2026.) (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 rollcall. (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. (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 expressly provided in this chapter. (4) The teleconferencing requirements of this subdivision shall not apply to remote participation described in subdivision (c).
(c) (1) Nothing in this chapter shall be construed to prohibit a member of a legislative body with a disability from participating in any meeting of the legislative body by remote participation as a reasonable accommodation pursuant to any applicable law.
(2) A member of a legislative body participating in a meeting by remote participation pursuant to this subdivision shall do both of the following:
(A) The member shall participate through both audio and visual technology, except that any member with a disability, as defined in Section 12102 of Title 42 of the United States Code, may participate only through audio technology if a physical condition related to their disability results in a need to participate off camera. (B) The member shall 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 of those individuals. (3) Remote participation under this subdivision shall be treated as in-person attendance at the physical meeting location for all purposes, including any requirement that a quorum of the legislative body participate from any particular location. The provisions of subdivision (b) and Sections 54953.8 to 54953.8.7, inclusive, shall not apply to remote participation under this subdivision.
(d) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
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(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) (A) 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 either of the following during the open meeting in which the final action is to be taken:
(i) A local agency executive, as defined in subdivision (d) of Section 3511.1. (ii) A department head or other similar administrative officer of the local agency. (B) 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.
(e) For purposes of this section, both of the following definitions apply:
(1) “Disability” means a physical disability or a mental disability as those terms are defined in Section 12926 and used in Section 12926.1, or a disability as defined in Section 12102 of Title 42 of the United States Code. (2) (A) “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. (B) Notwithstanding subparagraph (A), “teleconference” does not include one or more members watching or listening to a meeting via webcasting or any other similar electronic medium that does not permit members to interactively speak, discuss, or deliberate on matters. (3) “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. (Amended (as amended by Stats. 2023, Ch. 534, Sec. 2) by Stats. 2025, Ch. 327, Sec. 4. (SB 707) Effective January 1, 2026.) 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. (Added by Stats. 1979, Ch. 950.)
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. (Added by Stats. 2002, Ch. 300, Sec. 5. Effective January 1, 2003.) 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. (Amended by Stats. 1981, Ch. 968, Sec. 28.)
(a) The Legislature finds and declares that public access, including through translation of agendas as required by this section, is necessary for an informed populace. The Legislature encourages local agencies to adopt public access requirements that exceed the requirements of this chapter by translating additional languages, employing human translators, and conducting additional outreach. (b) (1) In addition to any other applicable requirements of this chapter, a meeting held by a eligible legislative body pursuant to this chapter shall comply with both of the following requirements:
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(A) (i) (I) (ia) All open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform, except if adequate telephonic or internet service is not operational at the meeting location. If adequate telephonic or internet service is operational at the meeting location during only a portion of the meeting, the legislative body shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform during that portion of the meeting.
(ib) (Ia) On or before July 1, 2026, an eligible legislative body shall approve at a noticed public meeting in open session, not on the consent calendar, a policy regarding disruption of telephonic or internet service occurring during meetings subject to this sub-subclause. The policy shall address the procedures for recessing and reconvening a meeting in the event of disruption and the efforts that the eligible legislative body shall make to attempt to restore the service. (Ib) If a disruption of telephonic or internet service that prevents members of the public from attending or observing the meeting via the two-way telephonic service or two-way audiovisual platform occurs during the meeting, the eligible legislative body shall recess the open session of the meeting for at least one hour and make a good faith attempt to restore the service. The eligible legislative body may meet in closed session during this period. The eligible legislative body shall not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier. (Ic) Upon reconvening the open session, if telephonic or internet service has not been restored, the eligible legislative body shall adopt a finding by rollcall vote that good faith efforts to restore the telephonic or internet service have been made in accordance with the policy adopted pursuant to sub-sub-subclause (Ia) and that the public interest in continuing the meeting outweighs the public interest in remote public access.
(II) Subclause (I) does not apply to a meeting that is held to do any of the following:
(ia) Attend a judicial or administrative proceeding to which the local agency is a party. (ib) Inspect real or personal property provided that the topic of the meeting is limited to items directly related to the real or personal property.
(ic) Meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction.
(id) Meet 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.
(ie) Meet in an emergency situation pursuant to Section 54956.5. (ii) If an eligible legislative body elects to provide a two-way audiovisual platform, the eligible legislative body shall publicly post and provide a call-in option, and activate any automatic captioning function during the meeting if an automatic captioning function is included with the two-way audiovisual platform. If an eligible legislative body does not elect to provide a two-way audiovisual platform, the eligible legislative body shall provide a two-way telephonic service for the public to participate in the meeting, pursuant to subclause (I).
(B) (i) All open and public meetings for which attendance via a two-way telephonic service or a two-way audiovisual platform is provided in accordance with paragraph (1) shall provide the public with an opportunity to provide public comment in accordance with Section 54954.3 via the two-way telephonic or two-way audiovisual platform, and ensure the opportunity for the members of the public participating via a two-way telephonic or two-way audiovisual platform to provide public comment with the same time allotment as a person attending a meeting in person.
(2) (A) An eligible legislative body shall reasonably assist members of the public who wish to translate a public meeting into any language or wish to receive interpretation provided by another member of the public, so long as the interpretation is not disrupting to the meeting, as defined in Section 54957.95. The eligible legislative body Item Title: 12.2
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shall publicize instructions on how to request assistance under this subdivision. Assistance may include any of the following, as determined by the eligible legislative body:
(i) Arranging space for one or more interpreters at the meeting location. (ii) Allowing extra time during the meeting for interpretation to occur. (iii) Ensuring participants may utilize their personal equipment or reasonably access facilities for participants to access commercially available interpretation services. (B) This section does not require an eligible legislative body to provide interpretation of any public meeting, however, an eligible legislative body may elect to provide interpretation of any public meeting. (C) The eligible legislative body is not responsible for the content or accuracy of any interpretation facilitated, assisted with, or provided under this subdivision. An action shall not be commenced or maintained against the eligible legislative body arising from the content or accuracy of any interpretation facilitated, assisted with, or provided under this subdivision.
(3) An eligible legislative body shall take the following actions to encourage residents, including those in underrepresented communities and non-English-speaking communities, to participate in public meetings:
(A) Have in place a system for electronically accepting and fulfilling requests for meeting agendas and documents pursuant to Section 54954.1 through email or through an integrated agenda management platform. Information about how to make a request using this system shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body. (B) (i) Create and maintain an accessible internet webpage dedicated to public meetings that includes, or provides a link to, all of the following information:
(I) A general explanation of the public meeting process for the eligible legislative body. (II) An explanation of the procedures for a member of the public to provide in-person or remote oral public comment during a public meeting or to submit written public comment. (III) A calendar of all public meeting dates with calendar listings that include the date, time, and location of each public meeting.
(IV) The agenda posted online pursuant to paragraph (2) of subdivision (a) of Section 54954.2. (ii) The eligible legislative body shall include a link to the webpage required by subparagraph (A) on the home page of the eligible legislative body’s internet website. (C) (i) Make reasonable efforts, as determined by the legislative body, to invite groups that do not traditionally participate in public meetings to attend those meetings, which may include, but are not limited to, all the following:
(I) Media organizations that provide news coverage in the jurisdiction of the eligible legislative body, including media organizations that serve non-English-speaking communities. (II) Good government, civil rights, civic engagement, neighborhood, and community group organizations, or similar organizations that are active in the jurisdiction of the eligible legislative body, including organizations active in non-English-speaking communities. (ii) Legislative bodies shall have broad discretion in the choice of reasonable efforts they make under this subparagraph. No action shall be commenced or maintained against an eligible legislative body arising from failing to provide public meeting information to any specific group pursuant to this subparagraph. (c) (1) (A) The agenda for each meeting of an eligible legislative body shall be translated into all applicable languages, and each translation shall be posted in accordance with Section 54954.2. Each translation shall include instructions in the applicable language describing how to join the meeting by the telephonic or internet-based service option, including any requirements for registration for public comment.
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(B) The accessible internet webpage provided under subparagraph (B) of paragraph (3) of subdivision (b) shall be translated into all applicable languages, and each translation shall be accessible through a prominent direct link posted on the primary internet website home page of the eligible legislative body. (2) A translation made using a digital translation service shall satisfy the requirements of paragraph (1). (3) The eligible legislative body shall make available a physical location that is freely accessible to the public in reasonable proximity to the physical location in which the agenda and translations are posted as described in paragraph (1), and shall allow members of the public to post additional translations of the agenda in that location.
(4) The eligible legislative body is not responsible for the content or accuracy of any translation provided pursuant to this subdivision. No action shall be commenced or maintained against an eligible legislative body arising from the content, accuracy, posting, or removal of any translation provided by the eligible legislative body or posted by any person pursuant to this subdivision.
(5) For the purposes of this section, the agenda does not include the entire agenda packet. (d) This section shall not be construed to affect or supersede any other applicable civil rights, nondiscrimination, or public access laws.
(e) For purposes of this section, all of the following definitions apply:
(1) (A) “Applicable languages” means languages, according to data from the most recent American Community Survey, spoken jointly by 20 percent or more of the applicable population, provided that 20 percent or more of the population that speaks that language in that city or county speaks English less than “very well.” (B) For the purposes of subparagraph (A), the applicable population shall be determined as follows:
(i) For an eligible legislative body that is a city council or county board of supervisors, the applicable population shall be the population of the city or county. (ii) For an eligible legislative body of a special district, the applicable population shall be either of the following, at the discretion of the board of directors of the special district:
(I) The population of the county with the greatest population within the boundaries of the special district.
(II) The population of the service area of the special district, if the special district has the data to determine what languages spoken by the population within its service area meet the requirements of paragraph (A).
(C) If more than three languages meet the criteria set forth in subparagraph (A), “applicable languages” shall mean the three languages described in subparagraph (A) that are spoken by the largest percentage of the population.
(D) An eligible legislative body may elect to determine the applicable languages based upon a source other than the most recent American Community Survey if it makes a finding, based upon substantial evidence, that the other source provides equally or more reliable data for the territory over which the eligible legislative body exercises jurisdiction.
(2) “Eligible legislative body” means any of the following:
(A) A city council of a city with a population of 30,000 or more. (B) A county board of supervisors of a county, or city and county, with a population of 30,000 or more. (C) A city council of a city located in a county with a population of 600,000 or more. (D) The board of directors of a special district that has an internet website and meets any of the following conditions:
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54953.5.
54953.6.
54953.7.
54953.8.
(i) The boundaries of the special district include the entirety of a county with a population of 600,000 or more, and the special district has over 200 full-time equivalent employees. (ii) The special district has over 1,000 full-time equivalent employees. (iii) The special district has annual revenues, based on the most recent Financial Transaction Report data published by the California State Controller, that exceed four hundred million dollars ($400,000,000), adjusted annually for inflation commencing January 1, 2027, as measured by the percentage change in the California Consumer Price Index from January 1 of the prior year to January 1 of the current year, and the special district employs over 200 full-time equivalent employees. (3) “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 service. (4) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. (f) This section shall become operative on July 1, 2026. (g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 5. (SB 707) Effective January 1, 2026. Operative July 1, 2026, by its own provisions.
Repealed as of January 1, 2030, by its own provisions.) (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 in the absence of a reasonable finding by the legislative body of the local agency that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings. (b) Any 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.
(Amended by Stats. 2025, Ch. 327, Sec. 6. (SB 707) Effective January 1, 2026.) 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. (Amended by Stats. 1994, Ch. 32, Sec. 6. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.) 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 those requirements on appointed legislative bodies of the local agency.
(Amended by Stats. 2025, Ch. 327, Sec. 7. (SB 707) Effective January 1, 2026.) (a) The legislative body of a local agency may use teleconferencing as authorized by subdivision (b) of Section 54953 without complying with the requirements of paragraph (3) of subdivision (b) of Section 54953 in any of the circumstances described in Sections 54953.8.1 to 54953.8.7, inclusive. (b) A legislative body that holds a teleconference meeting pursuant to this section shall, in addition to any other applicable requirements of this chapter, comply with all of the following:
(1) 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:
(A) A two-way audiovisual platform.
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(B) A two-way telephonic service and a live webcasting of the meeting. (2) In each instance in which notice of the time of the teleconference meeting held pursuant to this section 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.
(3) 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.
(4) 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. (5) 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.
(6) (A) 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 paragraph (5), to provide public comment until that timed public comment period has elapsed. (B) 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 paragraph (5), or otherwise be recognized for the purpose of providing public comment. (C) 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 paragraph (5), until the timed general public comment period has elapsed. (7) Any member of the legislative body who participates in a teleconference meeting from a remote location pursuant to this section and the specific provision of law that the member relied upon to permit their participation by teleconferencing shall be listed in the minutes of the meeting. (8) 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. (9) The legislative body shall conduct meetings subject to this chapter consistent with applicable civil rights and nondiscrimination laws.
(c) A local agency shall identify and make available to legislative bodies a list of one or more meeting locations that may be available for use by the legislative bodies to conduct their meetings. (d) (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 the public with additional physical locations in which the public may observe and address the legislative body by electronic means. (e) A member of a legislative body who participates in a teleconference meeting from a remote location pursuant to this section shall publicly disclose at the meeting before any action is taken whether any other individuals 18 years Item Title: 12.2
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54953.8.1.
54953.8.2.
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 those individuals.
(f) The teleconferencing provisions described in Section 54953 and Sections 54953.8.1 to 54953.8.7, inclusive, are cumulative. A legislative body may elect to use any teleconferencing provisions that are applicable to a meeting, regardless of whether any other teleconferencing provisions would also be applicable to that meeting. (g) For purposes of this section, the following definitions apply:
(1) “Remote location” means a location from which a member of a legislative body participates in a meeting pursuant to paragraph (7) of subdivision (b), other than any physical meeting location designated in the notice of the meeting. Remote locations need not be accessible to the public. (2) “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. (3) “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 service. A two-way audiovisual platform may be structured to disable the use of video for the public participants. (4) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. (5) “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. (Added by Stats. 2025, Ch. 327, Sec. 8. (SB 707) Effective January 1, 2026.) (a) A health authority may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section.
(b) Nothing in this section or Section 54953.8 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. (c) For purposes of this section, 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. (Added by Stats. 2025, Ch. 327, Sec. 9. (SB 707) Effective January 1, 2026.) (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 during a proclaimed state of emergency or local emergency, provided that it complies with the requirements of that section and the teleconferencing is used in either of the following circumstances:
(1) 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. (2) After a determination described in paragraph (1) is made that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (b) If the state of emergency or local emergency remains active, in order to continue to teleconference pursuant to this section, the legislative body shall, no later than 45 days after teleconferencing for the first time pursuant to this section, and every 45 days thereafter, make the following findings by majority vote:
(1) The legislative body has reconsidered the circumstances of the state of emergency or local emergency. (2) The state of emergency or local emergency continues to directly impact the ability of the members to meet safely in person.
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54953.8.3.
(c) This section shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(d) Notwithstanding paragraph (1) of subdivision (b) of Section 54953.8, a legislative body conducting a teleconference meeting pursuant to this section may elect to use a two-way telephonic service without a live webcasting of the meeting.
(e) For purposes of this section, the following definitions apply:
(1) “Local emergency” means a condition of extreme peril to persons or property proclaimed by the governing body of the local agency affected, in accordance with Section 8630 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), as defined in Section 8680.9, or a local health emergency declared pursuant to Section 101080 of the Health and Safety Code. Local emergency, as used in this section, refers only to local emergencies in the boundaries of the territory over which the local agency exercises jurisdiction.
(2) “State of emergency” means state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). (Added by Stats. 2025, Ch. 327, Sec. 10. (SB 707) Effective January 1, 2026.) (a) A legislative body of a local agency may conduct a teleconference meeting pursuant to Section 54953.8 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, provided that the legislative body complies with the requirements of Section 54953.8 and all of the following additional requirements:
(1) A member of the legislative body 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. (2) The member shall participate through both audio and visual technology. (3) (A) 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 just cause for more than the following number of meetings, as applicable:
(i) Two meetings per year, if the legislative body regularly meets once per month or less. (ii) Five meetings per year, if the legislative body regularly meets twice per month. (iii) Seven meetings per year, if the legislative body regularly meets three or more times per month. (B) For the purpose of counting meetings attended by teleconference under this paragraph, a “meeting” shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day.
(b) The minutes for the meeting shall identify the specific provision in subdivision (c) that each member relied upon to participate remotely. This subdivision shall not be construed to require the member to disclose any medical diagnosis or disability, or any personal medical information that is otherwise exempt under existing law, including, but not limited to, the Confidentiality of Medical Information Act (Chapter 1 (commencing with Section 56) of Part
2.6 of Division 1 of the Civil Code).
(c) For purposes of this section, “just cause” means any of the following:
(1) 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.
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54953.8.4.
(2) A contagious illness that prevents a member from attending in person. (3) A need related to a physical or mental condition that is not subject to subdivision (c) of Section 54953. (4) Travel while on official business of the legislative body or another state or local agency. (5) An immunocompromised child, parent, grandparent, grandchild, sibling, spouse, or domestic partner of the member that requires the member to participate remotely. (6) A physical or family medical emergency that prevents a member from attending in person. (7) Military service obligations that result in a member being unable to attend in person because they are serving under official written orders for active duty, drill, annual training, or any other duty required as a member of the California National Guard or a United States Military Reserve organization that requires the member to be at least 50 miles outside the boundaries of the local agency.
(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 11. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
(a) An eligible neighborhood council may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following have occurred:
(1) (A) The city council for a city described in paragraph (2) of subdivision (b) considers whether to adopt a resolution to authorize eligible neighborhood councils to use teleconferencing as described in this section at an open and regular meeting.
(B) If the city council adopts a resolution described in subparagraph (A), an eligible neighborhood council may elect to use teleconferencing pursuant to this section if a majority of the eligible neighborhood council votes to do so. The eligible neighborhood council shall notify the city council if it elects to use teleconferencing pursuant to this section and its justification for doing so.
(C) Upon receiving notification from an eligible neighborhood council described in subparagraph (B), the city council may adopt a resolution to prohibit the eligible neighborhood council from using teleconferencing pursuant to this section.
(2) After completing the requirements of subparagraph (A) of paragraph (1), an eligible neighborhood council that holds a meeting pursuant to this subdivision shall do all of the following:
(A) At least a quorum of the members of the eligible neighborhood council shall participate from locations within the boundaries of the city in which the eligible neighborhood council is established. (B) At least once per year, at least a quorum of the members of the eligible neighborhood council shall participate in person from a singular physical location that is open to the public and within the boundaries of the eligible neighborhood council.
(3) If the meeting is during regular business hours of the offices of the city council member that represents the area that includes the eligible neighborhood council, the eligible neighborhood council shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the city council member who represents the area where the eligible neighborhood council is located, unless the eligible neighborhood council identifies an alternative location. (4) If the meeting is outside regular business hours, the eligible neighborhood council shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. (b) For purposes of this section, the following definitions apply:
(1) “Accommodation” means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations Item Title: 12.2
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54953.8.5.
or resources available that could provide the member of the public with an opportunity to participate in the meeting.
(2) “Eligible neighborhood council” means a neighborhood council that is an advisory body with the purpose to promote more citizen participation in government and make government more responsive to local needs that is established pursuant to the charter of a city with a population of more than 3,000,000 people that is subject to this chapter.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 12. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
(a) An eligible community college student organization may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:
(1) An eligible community college student organization may only use teleconferencing as described in Section 54953.8 after all the following have occurred:
(A) The board of trustees for a community college district considers whether to adopt a resolution to authorize eligible community college student organizations to use teleconferencing as described in this section at an open and regular meeting.
(B) If the board of trustees for a community college district adopts a resolution described in subparagraph (A), an eligible community college student organization may elect to use teleconferencing pursuant to this section if a majority of the eligible community college student organization votes to do so. The eligible community college student organization shall notify the board of trustees if it elects to use teleconferencing pursuant to this section and its justification for doing so.
(C) Upon receiving notification from an eligible community college student organization as described in subparagraph (B), the board of trustees may adopt a resolution to prohibit the eligible community college student organization from using teleconferencing pursuant to this section. (D) (i) Except as specified in clause (ii), at least a quorum of the members of the eligible community college student organization shall participate from a singular physical location that is accessible to the public and is within the community college district in which the eligible community college student organization is established.
(ii) The requirements described in clause (i) shall not apply to the California Online Community College. (iii) Notwithstanding the requirements of clause (i), a person may count toward the establishment of a quorum pursuant to clause (i) regardless of whether the person is participating at the in-person location of the meeting or remotely if the person meets any of the following criteria:
(I) The person is under 18 years of age.
(II) The person is incarcerated.
(III) The person is unable to disclose the location that they are participating from because of either of the following circumstances:
(ia) The person has been issued a protective court order, including, but not limited to, a domestic violence restraining order.
(ib) The person is participating in a program that has to remain confidential, including, but not limited to, an independent living program.
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54953.8.6.
(IV) The person provides childcare or caregiving to a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. For purposes of this subclause, “child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms are defined in Section 12945.2.
(2) An eligible community college student organization that holds a meeting by teleconference as described in Section 54953.8 shall do the following, as applicable:
(A) (i) Except as specified in subparagraph (B), if the meeting is during regular business hours of the offices of the board of trustees of the community college district, the eligible community college student organization shall provide a publicly accessible physical location from which the public may attend or comment, which shall be the offices of the board of trustees of the community college district, unless the eligible community college student organization identifies an alternative location. (ii) Except as specified in subparagraph (B), if the meeting is outside regular business hours, the eligible community college student organization shall make reasonable efforts to accommodate any member of the public that requests an accommodation to participate in the meeting. For the purposes of this subparagraph, “accommodation” means providing a publicly accessible physical location for the member of the public to participate from, providing access to technology necessary to participate in the meeting, or identifying locations or resources available that could provide the member of the public with an opportunity to participate in the meeting.
(B) The requirements described in subparagraph (A) shall not apply to the California Online Community College.
(b) For purposes of this section, “eligible community college student organization” means a student body association organized pursuant to Section 76060 of the Education Code, or any other student-run community college organization that is required to comply with the meeting requirements of this chapter, that is in any community college recognized within the California Community Colleges system and includes the Student Senate for California Community Colleges.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 13. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
(a) An eligible subsidiary body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:
(1) The eligible subsidiary body shall designate one physical meeting location within the boundaries of the legislative body that created the eligible subsidiary body where members of the subsidiary body who are not participating remotely shall be present and members of the public may physically attend, observe, hear, and participate in the meeting. At least one staff member of the eligible subsidiary body or the legislative body that created the eligible subsidiary body shall be present at the physical meeting location during the meeting. The eligible subsidiary body shall post the agenda at the physical meeting location, but need not post the agenda at a remote location.
(2) (A) A member of the eligible subsidiary body shall visibly appear on camera during the open portion of a meeting that is publicly accessible via the internet or other online platform, except if the member has a physical or mental condition not subject to subdivision (c) of Section 54953 that results in a need to participate off camera.
(B) The visual appearance of a member of the eligible subsidiary body on camera may cease only when the appearance would be technologically infeasible, including, but not limited to, when the member experiences a lack of reliable broadband or internet connectivity that would be remedied by joining without video. (C) If a member of the eligible subsidiary body does not appear on camera due to challenges with internet connectivity, the member shall announce the reason for their nonappearance prior to turning off their camera.
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(3) An elected official serving as a member of an eligible subsidiary body in their official capacity shall not participate in a meeting of the eligible subsidiary body by teleconferencing pursuant to this section unless the use of teleconferencing complies with the requirements of paragraph (3) of subdivision (b) of Section 54953. (4) (A) In order to use teleconferencing pursuant to this section, the legislative body that established the eligible subsidiary body by charter, ordinance, resolution, or other formal action shall make the following findings by majority vote before the eligible subsidiary body uses teleconferencing pursuant to this section for the first time, and every six months thereafter:
(i) The legislative body has considered the circumstances of the eligible subsidiary body. (ii) Teleconference meetings of the eligible subsidiary body would enhance public access to meetings of the eligible subsidiary body, and the public has been made aware of the type of remote participation, including audio-visual or telephonic, that will be made available at a regularly scheduled meeting and has been provided the opportunity to comment at an in-person meeting of the legislative body authorizing the subsidiary body to meet entirely remotely.
(iii) Teleconference meetings of the eligible subsidiary body would promote the attraction, retention, and diversity of eligible subsidiary body members.
(B) (i) An eligible subsidiary body authorized to use teleconferencing pursuant to this section may request to present any recommendations it develops to the legislative body that created it. (ii) Upon receiving a request described in clause (i), the legislative body that created the subsidiary body shall hold a discussion at a regular meeting held within 60 days after the legislative body receives the request, or if the legislative body does not have another regular meeting scheduled within 60 days after the legislative body receives the request, at the next regular meeting after the request is received. (iii) The discussion required by clause (ii) shall not be placed on a consent calendar, but may be combined with the legislative body’s subsequent consideration of the findings described in subparagraph (A) for the following 12 months.
(iv) The legislative body shall not take any action on any recommendations included in the report of a subsidiary body until the next regular meeting of the legislative body following the discussion described in clause (ii).
(C) After the legislative body makes the findings described in subparagraph (A), the eligible subsidiary body shall approve the use of teleconferencing by majority vote before using teleconference pursuant to this section.
(D) The legislative body that created the eligible subsidiary body may elect to prohibit the eligible subsidiary body from using teleconferencing pursuant to this section at any time. (b) (1) For purposes of this section, “eligible subsidiary body” means a legislative body that meets all of the following:
(A) Is described in subdivision (b) of Section 54952.
(B) Serves exclusively in an advisory capacity.
(C) Is not authorized to take final action on legislation, regulations, contracts, licenses, permits, or any other entitlements, grants, or allocations of funds.
(D) Does not have primary subject matter jurisdiction, as defined by the charter, an ordinance, a resolution, or any formal action of the legislative body that created the subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals.
(2) An eligible subsidiary body may include members who are elected officials, members who are not elected officials, or any combination thereof.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
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54953.8.7.
(Added by Stats. 2025, Ch. 327, Sec. 14. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
(a) An eligible multijurisdictional body may conduct a teleconference meeting pursuant to Section 54953.8, provided that it complies with the requirements of that section and all of the following additional requirements:
(1) The eligible multijurisdictional body has adopted a resolution that authorizes the eligible multijurisdictional body to use teleconferencing pursuant to this section at a regular meeting in open session. (2) At least a quorum of the members of the eligible multijurisdictional body shall participate from one or more physical locations that are open to the public and within the boundaries of the territory over which the local agency exercises jurisdiction.
(3) A member of the eligible multijurisdictional body who receives compensation for their service on the eligible multijurisdictional body shall participate from a physical location that is open to the public. For purposes of this paragraph, “compensation” does not include reimbursement for actual and necessary expenses. (4) A member of the eligible multijurisdictional body may participate from a remote location provided that:
(A) The eligible multijurisdictional body identifies each member of the eligible multijurisdictional body who plans to participate remotely in the agenda.
(B) The member shall participate through both audio and visual technology. (5) A member of the eligible multijurisdictional body shall not participate in a meeting remotely pursuant to this section, unless the location from which the member participates is more than 20 miles each way from any physical location of the meeting described in paragraph (2). (6) The provisions of this section 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 more than the following number of meetings, as applicable:
(A) Two meetings per year, if the legislative body regularly meets once per month or less. (B) Five meetings per year, if the legislative body regularly meets twice per month. (C) Seven meetings per year, if the legislative body regularly meets three or more times per month. (D) For the purpose of counting meetings attended by teleconference under this paragraph, a “meeting” shall be defined as any number of meetings of the legislative body of a local agency that begin on the same calendar day.
(b) For the purposes of this section, both of the following definitions apply:
(1) “Eligible multijurisdictional body” means a multijurisdictional board, commission, or advisory body of a multijurisdictional, cross-county agency, the membership of which board, commission, or advisory body is appointed, and the board, commission, or advisory body is otherwise subject to this chapter. (2) “Multijurisdictional” means either of the following:
(A) A legislative body that includes representatives from more than one county, city, city and county, or special district.
(B) A legislative body of a joint powers entity formed pursuant to an agreement entered into in accordance with Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1.
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54954.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Added by Stats. 2025, Ch. 327, Sec. 15. (SB 707) Effective January 1, 2026. Repealed as of January 1, 2030, by its own provisions.)
(a) Each legislative body of a local agency, except for advisory committees or standing committees, shall provide, by ordinance, resolution, bylaws, or by whatever other rule is required for the conduct of business by that body, the time and place for holding regular meetings. Meetings of advisory committees or standing committees, for which an agenda is posted at least 72 hours in advance of the meeting pursuant to subdivision (a) of Section 54954.2, shall be considered for purposes of this chapter as regular meetings of the legislative body. (b) Regular and special meetings of the legislative body shall be held within the boundaries of the territory over which the local agency exercises jurisdiction, except to do any of the following:
(1) Comply with state or federal law or court order, or attend a judicial or administrative proceeding to which the local agency is a party.
(2) Inspect real or personal property which cannot be conveniently brought within the boundaries of the territory over which the local agency exercises jurisdiction provided that the topic of the meeting is limited to items directly related to the real or personal property.
(3) Participate in meetings or discussions of multiagency significance that are outside the boundaries of a local agency’s jurisdiction. However, any meeting or discussion held pursuant to this subdivision shall take place within the jurisdiction of one of the participating local agencies and be noticed by all participating agencies as provided for in this chapter.
(4) Meet in the closest meeting facility if the local agency has no meeting facility within the boundaries of the territory over which the local agency exercises jurisdiction, or at the principal office of the local agency if that office is located outside the territory over which the agency exercises jurisdiction. (5) Meet outside their immediate jurisdiction with elected or appointed officials of the United States or the State of California when a local meeting would be impractical, solely to discuss a legislative or regulatory issue affecting the local agency and over which the federal or state officials have jurisdiction. (6) Meet outside their immediate jurisdiction if the meeting takes place in or nearby a facility owned by the agency, provided that the topic of the meeting is limited to items directly related to the facility. (7) Visit the office of the local agency’s legal counsel for a closed session on pending litigation held pursuant to Section 54956.9, when to do so would reduce legal fees or costs. (c) Meetings of the governing board of a school district shall be held within the district, except under the circumstances enumerated in subdivision (b), or to do any of the following:
(1) Attend a conference on nonadversarial collective bargaining techniques. (2) Interview members of the public residing in another district with reference to the trustees’ potential employment of an applicant for the position of the superintendent of the district. (3) Interview a potential employee from another district. (d) Meetings of a joint powers authority shall occur within the territory of at least one of its member agencies, or as provided in subdivision (b). However, a joint powers authority which has members throughout the state may meet at any facility in the state which complies with the requirements of Section 54961. (e) If, by reason of fire, flood, earthquake, or other emergency, it shall be unsafe to meet in the place designated, the meetings shall be held for the duration of the emergency at the place designated by the presiding officer of the legislative body or his or her designee in a notice to the local media that have requested notice pursuant to Section 54956, by the most rapid means of communication available at the time. (Amended by Stats. 2004, Ch. 257, Sec. 1. Effective January 1, 2005.) Item Title: 12.2
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54954.1.
54954.2.
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. (Amended by Stats. 2021, Ch. 763, Sec. 1. (SB 274) Effective January 1, 2022.) (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda that meets all of the following requirements:
(A) The agenda shall contain 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.
(B) The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s internet website, if the local agency has one.
(C) (i) 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. (ii) The agenda shall include information regarding how, to whom, and when a request for disability-related modification or accommodation, including auxiliary aids or services, may be made by a person with a disability who requires a modification or accommodation in order to participate in the public meeting. (2) For a meeting occurring on and after January 1, 2019, of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website, the following provisions shall apply:
(A) An online posting of an agenda shall be posted on the primary internet website home page 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.
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(ii) Platform independent and machine readable.
(iii) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the agenda.
(C) A legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state that has an internet website and an integrated agenda management platform shall not be required to comply with subparagraph (A) if all of the following are met:
(i) A direct link to the integrated agenda management platform shall be posted on the primary internet website home page of a city, county, city and county, special district, school district, or political subdivision established by the state. The direct link to the integrated agenda management platform shall not be in a contextual menu. When a person clicks on the direct link to the integrated agenda management platform, the direct link shall take the person directly to an internet website with the agendas of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state.
(ii) The integrated agenda management platform may contain the prior agendas of a legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state for all meetings occurring on or after January 1, 2019. (iii) The current agenda of the legislative body of a city, county, city and county, special district, school district, or political subdivision established by the state shall be the first agenda available at the top of the integrated agenda management platform.
(iv) All agendas posted in the integrated agenda management platform shall comply with the requirements in clauses (i), (ii), and (iii) of subparagraph (B).
(D) 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.
(E) For purposes of this paragraph, both of the following definitions apply:
(1) “Integrated agenda management platform” means an internet website of a city, county, city and county, special district, school district, or political subdivision established by the state dedicated to providing the entirety of the agenda information for the legislative body of the city, county, city and county, special district, school district, or political subdivision established by the state to the public. (2) “Legislative body” means a legislative body that meets the definition of subdivision (a) of Section 54952. (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 their 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).
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54954.3.
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken. (c) This section is necessary to implement and reasonably within the scope of paragraph (1) of subdivision (b) of Section 3 of Article I of the California Constitution.
(d) For purposes of subdivision (a), the requirement that the agenda be posted on the local agency’s internet website, if the local agency has one, shall only apply to a legislative body that meets either of the following standards:
(1) A legislative body as that term is defined by subdivision (a) of Section 54952. (2) A legislative body as that term is defined by subdivision (b) of Section 54952, if the members of the legislative body are compensated for their appearance, and if one 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. (Amended (as amended by Stats. 2023, Ch. 131, Sec. 92) by Stats. 2025, Ch. 327, Sec. 16. (SB 707) Effective January 1, 2026.)
(a) (1) 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.
(2) (A) Notwithstanding paragraph (1), 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.
(B) Subparagraph (A) shall not apply if any of the following conditions are met:
(i) The item has been substantially changed since the committee heard the item, as determined by the legislative body.
(ii) When considering the item, a quorum of the committee members did not participate from a singular physical location, that was clearly identified on the agenda, open to the public, and situated within the boundaries of the territory over which the local agency exercises jurisdiction. (iii) The committee has primary subject matter jurisdiction, as defined by the charter, an ordinance, a resolution, or any formal action of the legislative body that created the subsidiary body, that focuses on elections, budgets, police oversight, privacy, removing from, or restricting access to, materials available in public libraries, or taxes or related spending proposals. This clause shall not apply to an item if the local agency has adopted a law applicable to the meeting of the committee at which the item that was considered prohibits the committee from placing a limit on the total amount of time for public comment on the item.
(3) Every notice for a special meeting shall provide an opportunity for members of the public to directly address the legislative body concerning any item that has been described in the notice for the meeting before or during consideration of that item.
(b) (1) The legislative body of a local agency may adopt reasonable regulations to ensure that the intent of subdivision (a) is carried out, including, but not limited to, regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. (2) Notwithstanding paragraph (1), when the legislative body of a local agency limits time for public comment, the legislative body of a local agency shall provide at least twice the allotted time to a member of the public who Item Title: 12.2
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54954.4.
54954.5.
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. (Amended by Stats. 2025, Ch. 327, Sec. 17. (SB 707) Effective January 1, 2026.) (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.
(Added by Stats. 1991, Ch. 238, Sec. 1.)
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) Item Title: 12.2
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or
Case name unspecified: (Specify whether disclosure would jeopardize service of process or existing settlement negotiations)
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (Specify number of potential cases)
(In addition to the information noticed above, the agency may be required to provide additional information on the agenda or in an oral statement prior to the closed session pursuant to paragraphs (2) to (5), inclusive, of subdivision (e) of Section 54956.9.)
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (Specify number of potential cases)
(d) With respect to every item of business to be discussed in closed session pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section 54961) Agency claimed against: (Specify name)
(e) With respect to every item of business to be discussed in closed session pursuant to Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and title of officer, or name of applicable agency representative and title)
PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(No additional information is required in connection with a closed session to consider discipline, dismissal, or release of a public employee. Discipline includes potential reduction of compensation.) (f) With respect to every item of business to be discussed in closed session pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: (Specify names of designated representatives attending the closed session) (If circumstances necessitate the absence of a specified designated representative, an agent or designee may participate in place of the absent representative so long as the name of the agent or designee is announced at an open session held prior to the closed session.)
Employee organization: (Specify name of organization representing employee or employees in question) or
Unrepresented employee: (Specify position title of unrepresented employee who is the subject of the negotiations) (g) With respect to closed sessions called pursuant to Section 54957.8:
CASE REVIEW/PLANNING
(No additional information is required in connection with a closed session to consider case review or planning.) (h) With respect to every item of business to be discussed in closed session pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code:
REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify whether discussion will concern proposed new service, program, or facility) Estimated date of public disclosure: (Specify month and year) Item Title: 12.2
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54954.6.
HEARINGS
Subject matter: (Specify whether testimony/deliberation will concern staff privileges, report of medical audit committee, or report of quality assurance committee)
(i) With respect to every item of business to be discussed in closed session pursuant to Section 54956.86:
CHARGE OR COMPLAINT INVOLVING INFORMATION PROTECTED BY FEDERAL LAW (No additional information is required in connection with a closed session to discuss a charge or complaint pursuant to Section 54956.86.)
(j) With respect to every item of business to be discussed in closed session pursuant to Section 54956.96:
CONFERENCE INVOLVING A JOINT POWERS AGENCY (Specify by name) Discussion will concern: (Specify closed session description used by the joint powers agency) Name of local agency representative on joint powers agency board: (Specify name) (Additional information listing the names of agencies or titles of representatives attending the closed session as consultants or other representatives.)
(k) With respect to every item of business to be discussed in closed session pursuant to Section 54956.75:
AUDIT BY CALIFORNIA STATE AUDITOR’S OFFICE
(Amended by Stats. 2012, Ch. 759, Sec. 6.1. (AB 2690) Effective January 1, 2013.) (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.
(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 Item Title: 12.2
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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 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 Item Title: 12.2
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54955.
54955.1.
54956.
assessment of various types, amounts, or uses of property and the information required by subparagraphs (B) to (G), inclusive, of paragraph (2) of subdivision (c).
(4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of, the Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b). (d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede, existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong the governmental decisionmaking process.
(e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an election of either of the following:
(1) The property owners subject to the assessment.
(2) The voters within the local agency imposing the tax or assessment. (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. (Amended by Stats. 2011, Ch. 382, Sec. 3.5. (SB 194) Effective January 1, 2012.) 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 shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule.
(Amended by Stats. 1959, Ch. 647.)
Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made. (Added by Stats. 1965, Ch. 469.)
(a) (1) A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering written notice to each member of the legislative body and to each local newspaper of general circulation and radio or television station requesting notice in writing and posting a notice on the local agency’s internet website, if the local agency has one. The notice shall Item Title: 12.2
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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 telephone or electronic mail. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. (2) 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 the legislative body or 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. (Amended by Stats. 2025, Ch. 327, Sec. 18. (SB 707) Effective January 1, 2026.) (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. (A) Except as provided in subparagraph (B), the notice required by this paragraph 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 paragraph 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.
(B) For an emergency meeting held pursuant to this section, the presiding officer of the legislative body, or designee thereof, may send the notifications required by this paragraph by email instead of by telephone, as provided in subparagraph (A), to all local newspapers of general circulation, and radio or television stations, that have requested those notifications by email, and all email addresses provided by representatives of those newspapers or stations shall be exhausted. In the event that internet services and telephone services are not functioning, the notice requirements of this paragraph 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.
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54956.6.
54956.7.
54956.75.
54956.8.
54956.81.
(d) All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement. (e) The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible.
(Amended by Stats. 2025, Ch. 327, Sec. 19. (SB 707) Effective January 1, 2026.) 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. (Added by Stats. 1980, Ch. 1284.)
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.
(Added by Stats. 1982, Ch. 298, Sec. 1.)
(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.
(Added by Stats. 2004, Ch. 576, Sec. 4. Effective January 1, 2005.) Notwithstanding any other provision of this chapter, a legislative body of a local agency may hold a closed session with its negotiator prior to the purchase, sale, exchange, or lease of real property by or for the local agency to grant authority to its negotiator regarding the price and terms of payment for the purchase, sale, exchange, or lease.
However, prior to the closed session, the legislative body of the local agency shall hold an open and public session in which it identifies its negotiators, the real property or real properties which the negotiations may concern, and the person or persons with whom its negotiators may negotiate.
For purposes of this section, negotiators may be members of the legislative body of the local agency.
For purposes of this section, “lease” includes renewal or renegotiation of a lease.
Nothing in this section shall preclude a local agency from holding a closed session for discussions regarding eminent domain proceedings pursuant to Section 54956.9.
(Amended by Stats. 1998, Ch. 260, Sec. 3. Effective January 1, 1999.) 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.
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54956.86.
54956.87.
54956.9.
(Added by Stats. 2004, Ch. 533, Sec. 20. Effective January 1, 2005.) 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. (Added by Stats. 1996, Ch. 182, Sec. 2. Effective January 1, 1997.) (a) Notwithstanding any other provision of this chapter, the records of a health plan that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system, or records in any other form, that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulas or calculations for these payments, and contract negotiations with providers of health care for alternative rates are exempt from disclosure for a period of three years after the contract is fully executed. The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exemption.
(b) Notwithstanding any other provision of law, the governing board of a health plan that is licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors may order that a meeting held solely for the purpose of discussion or taking action on health plan trade secrets, as defined in subdivision (f), shall be held in closed session. The requirements of making a public report of action taken in closed session, and the vote or abstention of every member present, may be limited to a brief general description without the information constituting the trade secret.
(c) Notwithstanding any other provision of law, the governing board of a health plan may meet in closed session to consider and take action on matters pertaining to contracts and contract negotiations by the health plan with providers of health care services concerning all matters related to rates of payment. The governing board may delete the portion or portions containing trade secrets from any documents that were finally approved in the closed session held pursuant to subdivision (b) that are provided to persons who have made the timely or standing request.
(d) Nothing in this section shall be construed as preventing the governing board from meeting in closed session as otherwise provided by law.
(e) The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department 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.
(Amended by Stats. 2015, Ch. 190, Sec. 65. (AB 1517) Effective January 1, 2016.) (a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel Item Title: 12.2
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regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation.
(b) For purposes of this chapter, all expressions of the lawyer-client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer-client privilege for purposes of conducting closed-session meetings pursuant to this chapter. (c) For purposes of this section, “litigation” includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator. (d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist:
(1) Litigation, to which the local 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.
(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.
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54956.95.
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(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. (Amended by Stats. 2021, Ch. 615, Sec. 206. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
(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. (Added by Stats. 1989, Ch. 882, Sec. 3.)
(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 implications for the local agency member for which the designated alternate member attended the closed session, to the following individuals:
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(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, 2030, and as of that date is repealed. (Amended (as amended by Stats. 2019, Ch. 248, Sec. 1) by Stats. 2024, Ch. 24, Sec. 1. (AB 1852) Effective January 1, 2025.
Repealed as of January 1, 2030, by its own provisions. See later operative version, as amended by Sec. 2 of Stats. 2024, Ch.
24.)
(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) A designated alternate member of the legislative body of the joint powers agency who is also a member of the legislative body of a local agency member and who is attending a properly noticed meeting of the joint powers agency in lieu of a local agency member’s regularly appointed member to attend closed sessions of the joint powers agency.
(b) If the legislative body of a joint powers agency adopts a policy or a bylaw or includes provisions in its joint powers agreement pursuant to subdivision (a), then the legislative body of the local agency member, upon the advice of its legal counsel, may conduct a closed session in order to receive, discuss, and take action concerning information obtained in a closed session of the joint powers agency pursuant to paragraph (1) of subdivision (a). (c) This section shall become operative on January 1, 2030. (Amended (as added by Stats. 2019, Ch. 248, Sec. 2) by Stats. 2024, Ch. 24, Sec. 2. (AB 1852) Effective January 1, 2025.
Section operative January 1, 2030, by its own provisions.) 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.
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(c) A meeting with a state or federal regulator.
(Added by Stats. 2019, Ch. 442, Sec. 14. (AB 857) Effective January 1, 2020.) (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 local agency and who is attending a properly noticed meeting of the public bank governing board in lieu of a shareholder, member, or owner 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 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).
(Added by Stats. 2019, Ch. 442, Sec. 15. (AB 857) Effective January 1, 2020.) (a) (1) This chapter does not 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 other law enforcement or security personnel, or a security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, a threat to the public’s right of access to public services or public facilities, or a threat to critical infrastructure controls or critical infrastructure information relating to cybersecurity.
(2) For purposes of this subdivision, the following definitions apply:
(A) “Critical infrastructure controls” means networks and systems controlling assets so vital to the local agency that the incapacity or destruction of those networks, systems, or assets would have a debilitating impact on public health, safety, economic security, or any combination thereof. (B) “Critical infrastructure information” means information not customarily in the public domain pertaining to any of the following:
(i) Actual, potential, or threatened interference with, or an attack on, compromise of, or incapacitation of critical infrastructure controls by either physical or computer-based attack or other similar conduct, including, but not limited to, the misuse of, or unauthorized access to, all types of communications and data Item Title: 12.2
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transmission systems, that violates federal, state, or local law or harms public health, safety, or economic security, or any combination thereof.
(ii) The ability of critical infrastructure controls to resist any interference, compromise, or incapacitation, including, but not limited to, any planned or past assessment or estimate of the vulnerability of critical infrastructure.
(iii) Any planned or past operational problem or solution regarding critical infrastructure controls, including, but not limited to, repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to interference, compromise, or incapacitation of critical infrastructure controls. (b) (1) Subject to paragraph (2), this chapter does not 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 their 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.
(Amended by Stats. 2024, Ch. 243, Sec. 1. (AB 2715) Effective January 1, 2025.) (a) The legislative body of any local agency shall publicly report any action taken in closed session and the vote or abstention on that action of every member present, as follows:
(1) Approval of an agreement concluding real estate negotiations pursuant to Section 54956.8 shall be reported after the agreement is final, as follows:
(A) If its own approval renders the agreement final, the body shall report that approval and the substance of the agreement in open session at the public meeting during which the closed session is held. (B) If final approval rests with the other party to the negotiations, the local agency shall disclose the fact of that approval and the substance of the agreement upon inquiry by any person, as soon as the other party or its agent has informed the local agency of its approval. (2) Approval given to its legal counsel to defend, or seek or refrain from seeking appellate review or relief, or to enter as an amicus curiae in any form of litigation as the result of a consultation under Section 54956.9 shall be reported in open session at the public meeting during which the closed session is held. The report shall identify, if known, the adverse party or parties and the substance of the litigation. In the case of approval given to initiate or intervene in an action, the announcement need not identify the action, the defendants, or other particulars, but shall specify that the direction to initiate or intervene in an action has been given and that the action, the defendants, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry, unless to do so would jeopardize the agency’s ability to effectuate service of process on one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.
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(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 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.
(Amended by Stats. 2006, Ch. 538, Sec. 311. Effective January 1, 2007.) (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 Item Title: 12.2
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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. The minute book may, but need not, consist of a recording of the closed session.
(b) An elected legislative body of a local agency may require that each legislative body all or a majority of whose members are appointed by or under the authority of the elected legislative body keep a minute book as prescribed under subdivision (a).
(Amended by Stats. 2021, Ch. 615, Sec. 207. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
(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 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) (I) Subject to subclause (II), the local agency makes physical copies available for public inspection, beginning the next regular business hours 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 Item Title: 12.2
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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 7922.530 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. (Amended (as amended by Stats. 2021, Ch. 615, Sec. 208) by Stats. 2022, Ch. 971, Sec. 1. (AB 2647) Effective January 1, 2023.)
(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, subject to all of the following conditions:
(1) 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.
(2) The closed session shall be for the purpose of reviewing its position and instructing the local agency’s designated representatives.
(3) The closed session may take place prior to and during consultations and discussions with representatives of employee organizations and unrepresented employees.
(4) Any closed session 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.
(5) The closed session shall not include final action on the proposed compensation of one or more unrepresented employees.
(6) 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.
(Amended by Stats. 2025, Ch. 327, Sec. 20. (SB 707) Effective January 1, 2026.) (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.
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(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.
(Amended by Stats. 1993, Ch. 1137, Sec. 15. Effective January 1, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.) (a) For purposes of this section, “multijurisdictional law enforcement agency” means a joint powers entity formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that provides law enforcement services for the parties to the joint powers agreement for the purpose of investigating criminal activity involving drugs; gangs; sex crimes; firearms trafficking or felony possession of a firearm; high technology, computer, or identity theft; human trafficking; or vehicle theft. (b) Nothing contained in this chapter shall be construed to prevent the legislative body of a multijurisdictional law enforcement agency, or an advisory body of a multijurisdictional law enforcement agency, from holding closed sessions to discuss the case records of any ongoing criminal investigation of the multijurisdictional law enforcement agency or of any party to the joint powers agreement, to hear testimony from persons involved in the investigation, and to discuss courses of action in particular cases.
(Amended by Stats. 2006, Ch. 427, Sec. 1. Effective September 22, 2006.) In the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the 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.
(Amended by Stats. 2025, Ch. 327, Sec. 21. (SB 707) Effective January 1, 2026.) (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, including any teleconferenced 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. (Amended by Stats. 2025, Ch. 327, Sec. 22. (SB 707) Effective January 1, 2026.) (a) The existing authority of a legislative body or its presiding officer to remove or limit participation by persons who engage in behavior that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct Item Title: 12.2
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of the meeting, including existing limitations upon that authority, shall apply to members of the public participating in a meeting via a two-way telephonic service or a two-way audiovisual platform. (b) For purposes of this section, the following definitions apply:
(1) “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 service. A two-way audiovisual platform may be structured to disable the use of video for the public participants. (2) “Two-way telephonic service” means a telephone service that does not require internet access and allows participants to dial a telephone number to listen and verbally participate. (Added by Stats. 2025, Ch. 327, Sec. 23. (SB 707) Effective January 1, 2026.) 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. (Added by Stats. 2001, Ch. 45, Sec. 1. Effective January 1, 2002.) The provisions of this chapter shall apply to the legislative body of every local agency notwithstanding the conflicting provisions of any other state law.
(Added by Stats. 1953, Ch. 1588.)
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.
(Amended by Stats. 1994, Ch. 32, Sec. 18. Effective March 30, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 32.) (a) The district attorney or any interested person may commence an action by mandamus, injunction, or declaratory relief for the purpose of stopping or preventing violations or threatened violations of this chapter by members of the legislative body of a local agency or to determine the applicability of this chapter to ongoing actions or threatened future actions of the legislative body, or to determine the applicability of this chapter to past actions of the legislative body, subject to Section 54960.2, or to determine whether any rule or action by the legislative body to penalize or otherwise discourage the expression of one or more of its members is valid or invalid under the laws of this state or of the United States, or to compel the legislative body to audio record its closed sessions as hereinafter provided.
(b) The court in its discretion may, upon a judgment of a violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the legislative body to audio record its closed sessions and preserve the audio recordings for the period and under the terms of security and confidentiality the court deems appropriate. (c) (1) Each recording so kept shall be immediately labeled with the date of the closed session recorded and the title of the clerk or other officer who shall be custodian of the recording. (2) The audio recordings shall be subject to the following discovery procedures:
(A) In any case in which discovery or disclosure of the audio recording is sought by either the district attorney or the plaintiff in a civil action pursuant to Section 54959, 54960, or 54960.1 alleging that a violation of this chapter has occurred in a closed session that has been recorded pursuant to this section, the party seeking discovery or disclosure shall file a written notice of motion with the appropriate court with notice to the governmental agency that has custody and control of the audio recording. The notice shall be given pursuant to subdivision (b) of Section 1005 of the Code of Civil Procedure. (B) The notice shall include, in addition to the items required by Section 1010 of the Code of Civil Procedure, all of the following:
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(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. (Amended by Stats. 2012, Ch. 732, Sec. 1. (SB 1003) Effective January 1, 2013.) (a) The district attorney or any interested person may commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that an action taken by a legislative body of a local agency in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 is null and void under this section.
Nothing in this chapter shall be construed to prevent a legislative body from curing or correcting an action challenged pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision (a), the district attorney or interested person shall make a demand of the legislative body to cure or correct the action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5. The demand shall be in writing and clearly describe the challenged action of the legislative body and nature of the alleged violation. (c) (1) The written demand shall be made within 90 days from the date the action was taken unless the action was taken in an open session but in violation of Section 54954.2, in which case the written demand shall be made within 30 days from the date the action was taken.
(2) Within 30 days of receipt of the demand, the legislative body shall cure or correct the challenged action and inform the demanding party in writing of its actions to cure or correct or inform the demanding party in writing of its decision not to cure or correct the challenged action. (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.
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54960.2.
(4) The action taken was in connection with the collection of any tax. (5) Any person, city, city and county, county, district, or any agency or subdivision of the state alleging noncompliance with subdivision (a) of Section 54954.2, Section 54956, or Section 54956.5, because of any defect, error, irregularity, or omission in the notice given pursuant to those provisions, had actual notice of the item of business at least 72 hours prior to the meeting at which the action was taken, if the meeting was noticed pursuant to Section 54954.2, or 24 hours prior to the meeting at which the action was taken if the meeting was noticed pursuant to Section 54956, or prior to the meeting at which the action was taken if the meeting is held pursuant to Section 54956.5.
(e) During any action seeking a judicial determination pursuant to subdivision (a) if the court determines, pursuant to a showing by the legislative body that an action alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, 54956, or 54956.5 has been cured or corrected by a subsequent action of the legislative body, the action filed pursuant to subdivision (a) shall be dismissed with prejudice. (f) The fact that a legislative body takes a subsequent action to cure or correct an action taken pursuant to this section shall not be construed or admissible as evidence of a violation of this chapter. (Amended by Stats. 2002, Ch. 454, Sec. 23. Effective January 1, 2003.) (a) The district attorney or any interested person may file an action to determine the applicability of this chapter to past actions of the legislative body pursuant to subdivision (a) of Section 54960 only if all of the following conditions are met:
(1) The district attorney or interested person alleging a violation of this chapter first submits a cease and desist letter by postal mail or facsimile transmission to the clerk or secretary of the legislative body being accused of the violation, as designated in the statement pertaining to that public agency on file pursuant to Section 53051, or if the agency does not have a statement on file designating a clerk or a secretary, to the chief executive officer of that agency, clearly describing the past action of the legislative body and nature of the alleged violation. (2) The cease and desist letter required under paragraph (1) is submitted to the legislative body within nine months of the alleged violation.
(3) The time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b) has expired and the legislative body has not provided an unconditional commitment pursuant to subdivision (c).
(4) Within 60 days of receipt of the legislative body’s response to the cease and desist letter, other than an unconditional commitment pursuant to subdivision (c), or within 60 days of the expiration of the time during which the legislative body may respond to the cease and desist letter pursuant to subdivision (b), whichever is earlier, the party submitting the cease and desist letter shall commence the action pursuant to subdivision (a) of Section 54960 or thereafter be barred from commencing the action. (b) The legislative body may respond to a cease and desist letter submitted pursuant to subdivision (a) within 30 days of receiving the letter. This subdivision shall not be construed to prevent the legislative body from providing an unconditional commitment pursuant to subdivision (c) at any time after the 30-day period has expired, except that in that event the court shall award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to this section, in accordance with Section 54960.5. (c) (1) If the legislative body elects to respond to the cease and desist letter with an unconditional commitment to cease, desist from, and not repeat the past action that is alleged to violate this chapter, that response shall be in substantially the following form:
To ______________________:
The [name of legislative body] has received your cease and desist letter dated [date] alleging that the following described past action of the legislative body violates the Ralph M. Brown Act:
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54960.5.
[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 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. (Added by Stats. 2012, Ch. 732, Sec. 2. (SB 1003) Effective January 1, 2013.) A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960, 54960.1, or 54960.2 where it is found that a legislative body of the local agency has violated this chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that Item Title: 12.2
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54961.
54962.
54963.
section at any time after the 30-day period for making such a commitment has expired, the court shall award court costs and reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to issue the unconditional commitment. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency.
A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit. (Amended by Stats. 2012, Ch. 732, Sec. 3. (SB 1003) Effective January 1, 2013.) (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. (Amended by Stats. 2007, Ch. 568, Sec. 35. Effective January 1, 2008.) 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. (Amended by Stats. 2006, Ch. 157, Sec. 2. Effective January 1, 2007.) (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 grandjury.
(d) Disciplinary action pursuant to paragraph (2) of subdivision (c) shall require that the employee in question has either received training as to the requirements of this section or otherwise has been given notice of the requirements of this section.
(e) A local agency may not take any action authorized by subdivision (c) against a person, nor shall it be deemed a violation of this section, for doing any of the following:
(1) Making a confidential inquiry or complaint to a district attorney or grand jury concerning a perceived violation of law, including disclosing facts to a district attorney or grand jury that are necessary to establish the illegality of an action taken by a legislative body of a local agency or the potential illegality of an action that has been the subject of deliberation at a closed session if that action were to be taken by a legislative body of a local agency. (2) Expressing an opinion concerning the propriety or legality of actions taken by a legislative body of a local agency in closed session, including disclosure of the nature and extent of the illegal or potentially illegal action.
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(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. (Added by Stats. 2002, Ch. 1119, Sec. 1. Effective January 1, 2003.) Item Title: 12.2
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CITY OF MENIFEE
SUBJECT: City Council Meeting Calendar
MEETING DATE: June 17, 2026
TO: Mayor and City Council
PREPARED BY: Stephanie Roseen, City Clerk
REVIEWED BY: Stephanie Roseen, City Clerk
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Discuss and provide direction regarding potential meeting cancellations to the remainder of the 2026 City Council regular meeting schedule.
DISCUSSION
The City Council’s regular meetings are held on the first and third Wednesday of each month starting at 6:00 pm. In Table 1 on the following page is the full meeting calendar for 2026.
Annually, the City Council is provided with the opportunity to review the upcoming year’s meeting calendar to determine if there is a need for any meeting cancellations or rescheduling due to any conflicts. The City Council may cancel or reschedule a meeting at any time throughout the year for any reason, this advanced planning process provides an opportunity for staff to plan for placement of agenda items accordingly.
On November 5, 2025, the City Council reviewed and discussed the 2026 City Council meeting calendar. Following discussion, the City Council approved the calendar and directed the cancellation of the January 7, 2026 and July 1, 2026 regular City Council meetings.
During the discussion of the 2026 meeting calendar, the City Council also acknowledged that additional meeting cancellations could be considered throughout the year if circumstances warranted and there was no operational necessity to hold a regularly scheduled meeting. It was discussed that staff would return to the City Council with an agenda item should such an opportunity arise.
Staff have evaluated the anticipated workload and upcoming agenda items for the remainder of the year and has identified the August 5, 2026 regular City Council meeting as a potential candidate for cancellation. Based on the current business forecast, cancellation of this meeting is Item Title: 12.3
City Council Meeting Calendar
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City of Menifee Staff Report
City Council Meeting Calendar
June 17, 2026