COMPLIANCE WITH THE PUBLIC RECORDS ACT:
KEY QUESTIONS AND ANSWERS
The people have the right of access to information
concerning the conduct of the people's business, and,
therefore, the meetings of public bodies and the
writings of public officials and agencies shall be open to public scrutiny.
CAL. CONST. ART. I, § 3(b) (I).
In enacting [the California Public Records Act], the
Legislature, mindful of the right of individuals to privacy, finds and declares that access to information
concerning the conduct of the people's business is a
fundamental and necessary right of every person in this state.
Gov'T CODE § 6250.
California's Public Records Act is a key part of the philosophy that government at all levels in this State must be open and accessible to all., Under the Public Records Act, a local government agency must disclose virtually any public document; only a statutory exemption or a need for confidentiality that clearly outweighs the public's right to access will legally justify withholding a public document. The purpose of this Handbook is to provide a general overview of the Public Records Act and recent amendments to it, along with a general road map for compliance. This Handbook addresses the questions most frequently asked of us by our local government clients.
I. WHAT IS THE PUBLIC RECORDS ACT?
The Public Records Act is a California statute that affords the public the right to inspect, and obtain a copy of, most of the information retained by State and local agencies in the course of business. The Public Records Act regulates the public's access to records and sets out the specific statutory circumstances under which particular records need not be disclosed. The Public Records Act states that public records are open to inspection at all times during the office hours of a local agency.2
I Rogers v. Superior Cf. (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993). 2 Gov't Code § 6253(a).
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The California Constitution also guarantees that public records are open to public scrutiny.3 It provides that a law, such as the Public Records Act, should be "broadly construed" if it furthers the people's right of access to public records, and "narrowly construed" if it limits the right of access.4 II. WHAT RIGHTS DOES THE PUBLIC RECORDS ACT AFFORD TO THE PUBLIC?
Under the Public Records Act, every person has the right to inspect and to obtain a copy of any identifiable public record.5 It is irrelevant whether the person making the Public Records Act request already has possession of the public records requested.6 The term "person" includes individuals, and various types of business entities.? A "person" need not be a citizen of California or of the United States to make use of the Public Records Act.$ A local agency must supply an exact copy of the record on request, unless it is "impracticable" to make an exact copy.9 The word "impracticable" in the Public Records Act does not necessarily refer to situations where a copying request would be "inconvenient" or time consuming to the agency. Rather, the term "impracticable" modifies the requirement that the agency provide an "exact" copy. If a requested document is subject to the Public Records Act, the agency must provide the best or most complete copy of that document reasonably possible.,o Any reasonably segregable portion must be made available after deletion of any portion exempt from disclosure.,'
The requirements of the Public Records Act are the minimum standards which must be met by local agencies. The Public Records Act specifically provides 3 CAL. CoNST. art. I, § 3(b)(1).
4 CAL. CoNST. art. I, § 3(b) (2).
5 Gov't Code § 6253(a), (b). A requester inspecting a disclosable record on the agency's premises generally has the right to use their own equipment, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record.
Gov't Code § 6253(d).
6 The motive of the requester seeking public records is immaterial; an individual already in possession of requested documents may seek the documents so he or she may publicly disseminate them without fear of liability for doing so.
Caldecott v. Superior Court, 243 Cal. App. 4th 212, 219 (4 Dist. 2015). 7 Both cities and City attorneys have been deemed "persons" under the Act. Los Angeles Unified School Dist. v. Superior Court (City of Long Beach), 151 Cal. App. 4th 759 (2 Dist. 2007) (holding that the City, as well as the City attorney, were entitled to obtain records of school district relating to school construction project). 8 Gov't Code § 6252(c); Connell v. Superior Court (Intersource, Inc.), 56 Cal. App. 4th 601 (3 Dist. 1997). 9 Gov't Code § 6253(b).
10 See Rosenthal v. Hansen, 34 Cal. App. 3d 754 (3 Dist. 1973) (holding that under the former Section 6256, an agency need not provide exact copies if doing so would be impracticable, but this does not excuse a public entity from producing the records at all).
„ Gov't Code § 6253(a).
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that agencies may adopt procedures to allow greater access to records, except where the law otherwise prohibits access.12
The person who is the subject of a particular record does not have a specific right under the Public Records Act to prevent disclosure of any particular record.13 Even in cases where the subject of a particular record has argued that disclosure would violate the individual right to privacy guaranteed by the California Constitution, disclosure has been compelled.14 III. IS THE PUBLIC RECORDS ACT RELATED TO THE FREEDOM OF INFORMATION ACT?
Persons who request access to public records frequently reference the Freedom of Information Act (the "FOIA") as the basis for their request. The FOIA is a federal statute that does not apply to local government agencies.15 However, the Public Records Act was modeled after the FOIA, and we recommend that agencies respond to otherwise valid records requests even if the requester cites the FOIA instead of the Public Records Act.16
IV. TO WHICH LOCAL AGENCIES DOES THE PUBLIC RECORDS ACT APPLY? The Public Records Act applies to all local government agencies. Under the Public Records Act, a "local agency" includes a county; city, whether general law or chartered; city and county; school district; municipal corporation; district; political subdivision; any board, commission or agency of any of these; and certain non-profit organizations of local agencies which are supported by public funds.17
V. WHAT ARE "PUBLIC RECORDS?"
The Public Records Act defines "public records" as follows:
`Public records includes any writing containing
information relating to the conduct of the public's
business prepared, owned, used, or retained by any
12 Gov't Code § 6253(e). It is unclear whether a local public agency can, through a sunshine ordinance, seek to regulate other agencies, but such an ordinance would not override a state agency's determination on whether its internal documents were subject to disclosure. SF Urban Forest Coal. v. City & Cty. of San Francisco, 43 Cal. App. 5th 796, 807 (Ct. App. 2019), review filed (Jan. 28, 2020). 13 LAPD v. Superior Court (Church of Scientology), 65 Cal. App. 3d 661, 668 (2 Dist. 1977). 14 Poway Unified Sch. Dist. v. Superior Court (Copley Press), 62 Cal. App. 4th 1496 (4 Dist. 1998). 15 5 U.S.C. §552 et seq.
16 See ACLU v. Deukmejian, 32 Cal. 3d 440, 447 (1982) (Public Records Act modeled on FOIA, judicial construction and legislative history of federal act illuminate the interpretation of its California counterpart); Cook v. Craig, 55 Cal. App. 3d 773, 781 (3 Dist. 1976) (noting the similarity between the provisions of state and federal law). 17 Gov't Code § 6252(a). The Public Records Act also applies to charter schools and entities managing charter schools.
Ed. Code § 47604.1.
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state or local agency regardless of physical form or
characteristics.
The term "writing" means:
any handwriting, typewriting, printing, photostating,
photographing, photocopying, transmitting by
electronic mail or facsimile, and every other means of
recording upon any tangible thing any form of
communication or representation, including letters,
words, pictures, sounds, or symbols, or combinations
thereof, and any record thereby created, regardless of
the manner in which the record has been stored.18
These definitions encompass much more than written or printed documents.
Public records include computer data, and an agency must provide computer records in any electronic format in which the agency holds the information. If a requester asks for the records in a particular format, the agency must provide the records in that format, provided it is a format used by the agency to create copies for its own use or for provision to other agencies, unless an exception applies.19 Note, however, that computer software developed by a local agency is not a "public record" subject to the Public Records Act.20 On the other hand, a requester's rights under the Public Records Act are not unlimited. A local agency is not required to create a document or compile a list in response to a request under the Public Records Act.21 While these definitions are general, over the years the courts have both broadened and limited the scope of the definition of "public record." First, it is clear that the term "public records" encompasses more than simply those documents that public officials are required by law to keep as official records.
Rather, courts have held that a public record is one that is kept because it is "necessary or convenient to the discharge of [an] official duty."22 Second, courts have observed that merely because the writing is in the possession of the local agency, it is not automatically a public record. It must relate in some 18 Gov't Code § 6252(e), (g).
19 Gov't Code § 6253.9. For further discussion of the exception to this rule, see Part Two. Electronic Records, Section II.B. "Metadata" of this Handbook.
20 Gov't Code § 6254.9.
21 Based upon the definition of "writing," Gov't Code § 6252(g), and the requirement that a requested record be "identifiable," Gov't Code § 6253(b); See also Sander v. Superior Court, 26 Cal. App. 5th 651, 665-66 (1 Dist. 2018) (stating that "the CPRA ... does not require [public agencies] to create new records to satisfy a request."); Steinle v. City & Cty. of San Francisco, 919 F.3d 1154, 1 166 (9th Cir. 2019). 22 City of San Jose v. Superior Court, 2 Cal. 5th 608, 618 (2017); Braun v. City of Taft, 154 Cal. App. 3d 332, 340 (5 Dist. 1984); San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 774 (2 Dist. 1983); People v.
Tomalty, 14 Cal. App. 224, 231 (1 Dist. 1910).
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substantive way to the conduct of the public's business.23 Thus, personal notes and personal records, such as shopping lists or letters from friends that are totally void of public business, are not public records.24 In City of San Jose v. Superior Court, the California Supreme Court provided several factors to consider when analyzing whether a writing is a public record, including: the content of the writing; the context in, or purpose for which, it was written; the audience to whom it was directed; and whether the writing was prepared by an employee acting or purporting to act within the scope of his or her employment.25 In addition, it is important to note that a record need not be a "document" to fall within the ambit of the Public Records Act. A public record is subject to disclosure under the Public Records Act "regardless of physical form or characteristics."26
Further, local agencies are obligated to determine whether a public records request seeks copies of disclosable public records in the "possession" — either actual or constructive possession — of the agency.27 On occasion, a local agency prepares, uses, or owns a document containing information related to the conduct of the public's business, but does not physically possess it, such as when a local agency hires a private consultant to conduct work on behalf of the agency. When the public record is in the possession of a private consultant or sub -consultant who does work for the local agency, the contractual relationship between the local agency and consultant or sub -consultant will likely determine whether the local agency has the right to control the records and therefore "constructive possession" of the documents.28 In Community Youth Athletic Center v. City of National City, the court found that under the contract between the City and its consultant, the City had the right to possess and control the record that was the subject of a public records request, even if that local agency had not previously enforced its ownership right.29 The court held that the City had an obligation "to make reasonable efforts to facilitate the location and release of the information."30 The City's failure to assert its contractual right to obtain the record from the consultant violated the Public Records Act.31 On the other hand, in Anderson -Barker v. Superior Court of Los Angeles County, the court held that a city's ability to access privately held, 23 City of San Jose, 2 Cal. 5th at 618; Braun, 154 Cal. App. 3d at 340; San Gabriel Tribune, 143 Cal. App. 3d at 774; Gov't Code § 6252(e).
24 San Gabriel Tribune, 143 Cal. App. 3d at 774.
25 City of San Jose, 2 Cal. 5th at 618.
26 Gov't Code § 6252(e).
27 Gov't Code § 6253(c). City of San Jose, 2 Cal. 5th at 623. 28 Consolidated Irrigation District v. Superior Court (City of Selma), 205 Cal. App. 4th 697, 709-11 (5 Dist. 2012); Community Youth Athletic Center v. City of National City, 220 Cal. App. 4th 1385, 1427-29 (4 Dist. 2013); see also Regents of the University of California v. Superior Court, 222 Cal. App. 4th 383, 398 (1 Dist. 2013) as modified on denial of reh'g (Jan. 14, 2014).
29 Community Youth Athletic Center, 220 Cal. App. 4th at 1428. 30 Id. at 1429.
31 Id.
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electronically -stored data did not equate to a form of possession of the data when a city does not direct what information a third party contractor places on its databases, and has no authority to modify the data in any way.32 Similarly, in Consolidated Irrigation District v. Superior Court, the court found that the City had no control over a sub -consultant's records.33 The sub -consultant had been hired by the City's primary consultant, and based on the facts in that case, the City had no obligation under the Public Records Act to obtain and produce the records of the sub -consultant.
VI. HOW DOES A LOCAL AGENCY DETERMINE THE SCOPE OF A PUBLIC RECORDS REQUEST?
Most public records requests are straightforward. The public is familiar with records regularly kept by a local agency, such as meeting minutes, staff reports, financial reports, and other documents discussed at public meetings. Requests for those records are easy to fulfill. Many of these records may be available on a local agency's website, and the Public Records Act allows a local agency to satisfy a request for public records by directing the requester to that website.34 Sometimes, the public is unfamiliar with the types of records maintained by local agencies. The requester may not be able to provide the specificity necessary to identify a public record, or the request may be so broadly stated that a local agency cannot reasonably determine which records fall within the scope of the request.
Under those circumstances, the Public Records Act imposes duties on both local agencies and requesters. Local agencies must assist a requester to formulate a "focused and effective request that reasonably describes an identifiable record or records," by following certain procedural requirements.35 Likewise, the requester is obligated to engage in this process, and to provide the scope of the public information requested, which the City must communicate to the custodian of records. Both the local agency and the requester must be reasonable in this process.36
VII. CAN A LOCAL AGENCY RELINQUISH ITS PUBLIC RECORDS ACT OBLIGATIONS TO SOMEONE ELSE?
A local agency cannot sell or provide a public record subject to disclosure under the Public Records Act to a private entity in a manner that prevents the 32 Anderson -Barker v. Superior Court, 31 Cal. App. 5th 528 (Ct. App. 2019), review denied (Apr. 24, 2019). 33 Consolidated Irrigation District, 205 Cal. App. 4th at 711. 34 Gov't Code § 6253.
35 Gov't Code § 6253.1. Further discussion of these procedural requirements is in Section X, below. 36 Community Youth Athletic Center v. National City, 220 Cal. App. 4th 1385, 1427 (4 Dist. 2013).
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local agency from providing the record directly.37 For example, the county recorder cannot transfer all birth and death records to a private company and insist that the public obtain birth certificates from the private entity.
Similarly, a local agency may not enter into a contract that allows another party to control the disclosure of information that is subject to the Public Records Act.38 For example, a contract provision that requires the consent of a contractor before a local agency may release a public record prepared by the contractor violates the Public Records Act. Additionally, if a local agency enters into a contract that requires a private entity to review, audit, or report on any aspect of the local agency, that contract must be made available to the public upon request, unless the contract is exempt from disclosure pursuant to another exemption in the Public Records Act.39
VIII. MUST A PUBLIC RECORDS ACT REQUEST BE MADE IN WRITING, OR MAY IT BE MADE ORALLY?
Nothing in the Public Records Act requires a member of the public to place his or her request for public records in writing.40 While many local agencies provide forms on their website or at their offices for making a written Public Records Act request, a requester is not required to use the form offered. An oral request is sufficient to trigger the requirements of the Public Records Act.
Additionally, an argumentative or disruptive requester cannot be permanently banned from the premises by a local agency or forced to make their requests in writing.41 However, the right to inspect public records is subject to the implied rule of reason that enables the custodian of public records to formulate regulations necessary to prevent interference with the orderly functioning of the agency's office.42 If faced with a loud or angry person who is making an oral request, and the records are not immediately available, it is advisable for staff to write down the request and tell the requester the agency will respond in writing within the time limits specified in the Public Records Act. Your City attorney can provide additional guidance in the event a member of the public is repeatedly abusive towards staff.
37 Gov't Code § 6270(a).
38 Gov't Code § 6253.3.
39 Gov't Code § 6253.31.
40 Los Angeles Times v. Alameda Corridor Transp. Authority, 88 Cal. App. 4th 1381, 1392 (2 Dist. 2001). 41 Galbiso v. Orosi Public Utility District, 167 Cal. App. 4th 1063, 1088-89 (5 Dist. 2008). 42 Bruce v. Gregory, 65 Cal. 2d 666, 676 (1967); Rosenthal v. Hansen, 34 Cal. App. 3d 754, 761 (1973); 64 Ops. Cal. Atty.
Gen. 317 (1981).
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IX. WHAT PUBLIC RECORDS ARE EXEMPT FROM DISCLOSURE UNDER THE PUBLIC RECORDS ACT?
A. Disclosure of Exempt Records Waives Confidentiality
The Public Records Act specifically exempts a number of categories of records from disclosure requirements. If documents are exempt from disclosure, it is important that confidentiality be maintained. Once an otherwise exempt record is knowingly released to any member of the public, disclosure constitutes a waiver of the exemption for that record, and the record must be provided to any subsequent requesting member of the public.43 This waiver ensures a public agency does not carry out "selective disclosure," wherein some members of the public are provided the right of access to specific records, while some requests for the same records are denied by the public agency for the same materials.44 There are a few situations where the knowing disclosure of an otherwise exempt record does not constitute a waiver of exemption. Exemptions are not waived when disclosures are made:
• Through discovery procedures associated with lawsuits or in court proceedings;
• Pursuant to a statute that limits disclosure for specified purposes; • When not required by law and prohibited by formal action of the elected legislative body of the local agency; or
• To another government agency that agrees to treat the records as confidential.45
The California Supreme Court held that a public agency's inadvertent disclosure resulting from human error does not waive an exemption.46 In Ardon v. City of Los Angeles, the City of Los Angeles inadvertently disclosed several attorney - client and attorney work product documents in response to a PRA request. The requester was an attorney actively involved in pending litigation against the City.47 After becoming aware of the inadvertent disclosure, the City filed a motion in court seeking the return of the privileged materials.48 The California Supreme Court held that the Public Records Act's waiver provision49 applied only 43 Gov't Code § 6254.5.
44 Black Panther Party v. Kehoe, 42 Cal. App. 3d 646, 658 (3 Dist. 1974). 45 Gov't Code § 6254.5. Additional exceptions apply to specific state agencies. 46 Ardon v. City of Los Angeles, 62 Cal. 4th 1 176 (2016). 47 Ardon, 62 Cal. 4th at 1 180-82.
48 Id. at 1 181 .
49 Gov't Code § 6254.5.
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to intentional and not inadvertent disclosure.50 The court justified this distinction by finding that the City of Los Angeles had not engaged in selective disclosure:
"[r]ather, it seeks no disclosure; it is trying to force plaintiff's attorney to return the privileged documents unread."51
The California Supreme Court's decision in Ardon v. City of Los Angeles allows a public agency to argue that a disclosure was inadvertent and ask for return of exempt records that were released in error. However, nothing in the Public Records Act compels the requester to return the records. Instead, the public agency must go to court to obtain a judicial order directing the requester to return or destroy the inadvertently disclosed records.52 This presents a number of problems. First, the circumstances surrounding the dissemination of those materials would have to be evaluated on a case -by -case basis by the reviewing court.53 The court may not agree with the public agency's assertion that the disclosure was inadvertent. Second, if the exempt records were given wide- spread distribution before the error was found, a court may decide not to order return of the records. Once the information is in the public sphere, the bell cannot be unrung. Third, it is costly to go to court to seek injunctive relief.
Consequently, public agencies should continue to conduct a thorough and exhaustive review of responsive documents before releasing any materials in response to a Public Records Act request. The California Supreme Court acknowledged that its decision was limited to "truly inadvertent disclosures and must not be abused to permit the type of selective disclosure" prohibited by the Public Records Act.54 Further, the California Supreme Court emphasized that a public agency's own characterization of its intent is not dispositive.55 The best practice continues to be to complete a thorough review before releasing responsive records.
B. Statutory Exemptions for Confidential Records
The following is a list of the statutory exemptions. This list is not exhaustive. (1) Public agency employees' personal information.
Gov't Code § 6254.3.
The Public Records Act contains protections for specified personal information of all public agency employees. The home addresses, home telephone numbers, 50 Ardon, 62 Cal. 4th at 1180.
51 Id. at 1 185-86.
52 See Newark Unified School District v. Superior Court, 245 Cal. App. 4th 887 (1 Dist. 2015). 53 Id. at 910.
54 Ardon, 62 Cal. 4th at 1190.
55 Id.
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personal cellular telephone numbers and birth dates of all public agency employees are not considered to be public records subject to disclosure, except in limited circumstances. Personal e-mail addresses of public employees are also not public records subject to disclosure, unless a personal e-mail address is used by an employee to conduct public business or if the address is necessary to identify a person in an otherwise discloseable communication. The Public Records Act also requires local agencies to redact social security numbers from records before disclosing the records to the public in response to a Public Records Act request.56
(2) Referendum, recall and initiative petitions, ballots and related material.
Gov't Code § 6253.5.
Election -related petitions and all memoranda prepared by the county elections officials in their examination of the petitions indicating which registered voters signed the petitions are strictly confidential. These materials may be viewed only by elections officials and their deputies. Other officials, including agency attorneys, must obtain a court order to view petitions. If the elections officials determine that a petition is legally insufficient, petition proponents and their representatives designated in writing must be permitted to review these materials. Election ballots themselves are exempt from disclosure.57 (3) The identity of persons who have requested bilingual ballots or ballot pamphlets.
Gov't Code § 6253.6.
(4) Preliminary drafts, notes, or interagency or intra-agency memoranda.
Gov't Code § 6254(a).
Public officials should be aware that preliminary drafts and notes, along with interagency and intra-agency memoranda, are exempt from disclosure as public records if those documents are not customarily retained by the local agency in the ordinary course of business, and the public interest in withholding those records clearly outweighs the public interest in disclosure.58 56 Gov't Code § 6254.29.
57 Elec. Code §§ 15370 and 17301; Citizens Oversight, Inc. v. Vu, 35 Cal. App. 5th 612, 619-20 (4 Dist. 2019), review denied (Aug. 14, 2019).
58 Gov't Code § 6254(a).
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In considering whether to use this exemption, agencies should determine whether the disclosure of a preliminary draft, note, or interagency or intra- agency memorandum would further the interest of the Act in open government.
The fact that the document is merely a step in the process and does not provide important information about the public's business probably weighs in favor of nondisclosure.
The key questions in this area generally may be boiled down to whether a draft, note, or interagency or intra-agency memorandum is one which:
• Is not normally kept by the agency in the ordinary course of business;
• Is not prepared or kept to document or memorialize the day-to-day transaction of the public's business;
• Is merely a temporary step in the process of preparing a final document, reaching a final decision, or determining a course of action; and
• Would expose the agency's decision -making process if disclosed,59 and the public interest in nondisclosure clearly outweighs the public interest in disclosure.
If the document qualifies under all four categories above, the document probably is exempt from disclosure under the Public Records Act. Documents that do not satisfy one or more of the categories above probably are public records that must be disclosed unless another exemption applies. You should keep in mind, however, that any doubt or question in this regard likely will be decided in favor of disclosure of the record.
In discussing whether a record has not been retained in the ordinary course of business, one court observed, "[i]f preliminary materials are not customarily discarded or have not in fact been discarded as is customary they must be disclosed."60 One of the purposes of this condition is to prevent "secret law," that is an undisclosed collection of written rules guiding the agency's decisions.61 Consequently, a record that must be retained pursuant to a local agency's records retention schedule, policies, or customs does not fall within this exemption. For example, if a policy decision is made to retain drafts in order to 59 Citizens for a Better Environment v. Dep't of Food and Agriculture, 171 Cal. App. 3d 704, 715-16 (3 Dist. 1985) (concluding that "[t]he interest in fostering robust agency debate" is the only public interest that can justify nondisclosure under Section 6254(a)).
60 Id. at 714.
61 Id. at 714 n.7.
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document the bargaining history after an agreement is negotiated; those drafts likely are not exempt under Section 6254(a). Also, if it is permissible under an agency's records retention schedule to destroy preliminary documents, but the agency retained such a document after the final report is prepared, the preliminary document arguably is not exempt under Section 6254(a). (5) Records pertaining to pending litigation to which the agency is a party.
Gov't Code § 6254(b).
Under this exemption, records actually created by an agency for its own use in litigation are exempt from disclosure under the Public Records Act.62 Previously created or disclosed records may not be retroactively re-classified as being exempt under this Section.63 Generally, courts will examine the "dominant purpose" behind the document's creation.64 Documents prepared "by a public entity for its own use in anticipation of litigation, which documents it reasonably has an interest in keeping to itself until litigation is finalized" are protected by the exemption.65 Thus, while documents created prior to the commencement of litigation appear to receive greater scrutiny to determine their dominant purpose, the exemption can apply to documents created before litigation has commenced, that is, before a claim has been made with the local agency under the Government Claims Act or a complaint filed with a court. Once litigation is concluded, however, the exemption will no longer apply.66 This exemption also applies to litigation -related documents, even if not created by an agency, when sought by persons or entities not a party to the litigation and which the parties to the litigation do not intend to be revealed outside the litigation. This exemption does not cover deposition transcripts because they are available to the public under another statute.67 And where a plaintiff generally is required to file a claim under the Government Claims Act to initiate litigation against a local agency, the actual claim form filed with the local agency is not exempt under this Section as "[t]here is no unfair disadvantage [in the pending litigation] to the public entity from disclosure of the mere claim form."68
62 Fairley v. Superior Court (City of Long Beach), 66 Cal. App. 4th 1414, 1421-22 (2 Dist. 1998). 63 City of Hemet v. Superior Court (Press -Enterprise Co.), 37 Cal. App. 4th 1411, 1420 & n.1 1 (4 Dist. 1995). 64 Fairley, 66 Cal. App. 4th at 1420.
65 Id. at 1421 .
66 Gov't Code § 6254(b) (noting that the exemption applies "until the pending litigation or claim has been finally adjudicated or otherwise settled."); City of Los Angeles v. Superior Court (Axelrod), 41 Cal. App. 4th 1083, 1089 (2 Dist. 1996).
67 Board of Trustees of California State Univ. v. Superior Court (Copley Press, Inc.), 132 Cal. App. 4th 889, 901-902 (4 Dist. 2005); Civ. Proc. Code § 2025.570.
68 Poway Unified Sch. Dist. v. Superior Court (Copley Press), 62 Cal. App. 4th 1496, 1505 (4 Dist. 1998).
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(6) Personnel, medical, or similar records.
Gov't Code §§ 6254(c); 6254.3.
When the disclosure of personnel ,69 medical, or similar files would constitute an unwarranted invasion of personal privacy, this exemption applies. In determining whether personnel records should be disclosed, courts first decide whether disclosure would compromise the individual's substantial privacy interest. If it does, the court determines whether the potential harm to those interests caused by disclosure outweighs the public interest in disclosure.70 As will be discussed below, the California Supreme Court has concluded that public employees in general have a significantly reduced expectation of privacy in their salaries, and that the strong public interest in knowing how the government spends its money justifies disclosure of salary information.71 Courts have recognized the privacy interest implicated by records of employee misconduct and wrongdoing.72 However, at least one appellate court has found that where the public employee is in a position of authority, such as a superintendent of a school district, the individual has "a significantly reduced expectation of privacy in the matters of his [or her] public employment. "73 This exemption for personnel, medical or similar records does not justify withholding employment agreements.
By statute, employment agreements between a local agency and any public official or public employee is a public record not subject to the exemptions of Sections 6254 or 6255 of the Government Code.74
This exemption for personnel records also does not justify withholding personnel records concerning incidents involving the discharge of a firearm at a person by a peace officer that resulted in death or great bodily injury, or records concerning a sustained finding that a peace officer engaged in sexual assault or dishonesty.75
69 The scope of personnel records generally covers records relating to an employee's performance or to any grievance concerning an employee, and would include personal information to which access is limited to an employee's supervisors. Such records do not need to be stored in a personnel file to be exempt; it is the contents of the document which makes them confidential. Associated Chino Teachers v. Chino Valley Unified Sch. Dist., 30 Cal. App. 5th 530, 539- 41 (4 Dist. 2018).
70 Versaci v. Superior Court (Palomar Cmty. Coll. Dist.), 127 Cal. App. 4th 805, 818-820 (4 Dist. 2005). 71 International Federation of Professional and Technical Engineers, LOCAL 21, AFL-CIO, v. Superior Court, (Contra Costa Newspapers, Inc.), 42 Cal. 4th 319, 329-333 (2007) (International Federation). 72 Associated Chino Teachers, 30 Cal. App. 5th at 541.
73 BRV, Inc. v. Superior Court (Dunsmuir Joint Union High School District), 143 Cal. App. 4th 742, 758 (3 Dist. 2006) (ordering reports investigating allegations of misconduct disclosed, as the public's interest in why the district entered into a termination agreement with the superintendent that appeared to the public to be a "sweetheart deal" outweighed the superintendent's interest in preventing disclosure of the reports). 74 Gov't Code § 6254.8.
75 Penal Code §§ 832.7, 832.8.
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Disclosure of Public Emolovee Salaries
The California Supreme Court has held that salaries of public employees are not exempt from disclosure. In International Federation of Professional and Technical Engineers v. Superior Court, (Contra Costa Newspapers, Inc.),76 the California Supreme Court held that individually identifiable salary information is not exempt from disclosure under the Public Records Act, the California Constitution or the Penal Code. In this case, a newspaper sought disclosure from the City of Oakland of names, job titles and gross salaries of City employees earning $100,000 or more each year, including overtime. The City provided salary and overtime information for each job classification but refused to provide salary information linked to individual employees. The newspaper sued to obtain disclosure of the records under the Public Records Act. The Supreme Court held that a public entity's payroll expenditures are public records, and that disclosure of salary records for City employees earning $100,000 or more each year is not an unwarranted invasion of personal privacy.77
With regard to peace officers, the Supreme Court rejected the police union's argument that Penal Code Sections 832.7 and 832.8 bar disclosure of the amount of a peace officer's salary.78 The Supreme Court ruled that salary information of peace officers does not constitute "personnel records" under Penal Code Sections 832.7 or 832.8, and is not information obtained from personnel records.79 As such, the Penal Code does not mandate that peace officer salary information be excluded from disclosure under the Public Records Act.
The Supreme Court also rejected the argument that each public records request must be evaluated on a case -by -case basis to evaluate the individual employee's privacy interests and the particular public interest at issue.80 The Court stated that this would reverse the presumption of openness of public records mandated by the Public Records Act, and the public entity bears the burden of demonstrating that particular records are exempt.81 The Court, however, left open the possibility that a public entity may, on a case -by -case 76 International Federation, 42 Cal. 4th 319 (2007)
77 The Supreme Court also narrowed the precedential value of Teamsters Local 856 v. Priceless, LLC., 112 Cal. App. 4th 1500 (2003), review denied (Jan. 22, 2004). The appellate court in Priceless held that names, job titles, and W-2 information of City employees was confidential information and not subject to disclosure under the Public Records Act because the City in question had a prior practice of treating that information as confidential. To the extent that Priceless could be read as holding that a City's practice of refusing to disclose certain information had created a privacy interest in those records, the California Supreme Court disagreed and refused to adopt that holding. International Federation, 42 Cal. 4th at 336.
78 Id., at 343.
79 Id.
80 Id. at 336.
81 Id. at 336-37.
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basis, decline to release records pertaining to individual employees where anonymity is essential to their safety, such as undercover narcotics officers.
Although this decision arose in the context of a public records request for the names and salaries of City employees earning more than $100,000 per year, the Supreme Court's reasoning may have general application to salary information for all City employees, regardless of level of salary.
In a companion case, Commission on Peace Officer Standards and Training v.
Superior Court, the California Supreme Court addressed the confidentiality of certain non -salary information.82 In this case, the Commission refused to provide the names, employing departments, and hiring and termination dates of peace officers from its database. The Commission maintains the database to monitor participating law enforcement departments' compliance with Peace Officer Standards and Training ("POST") regulations. The California Supreme Court held that the names, employing departments, and hiring and termination dates of peace officers are not confidential under Penal Code Sections 832.7 and 832.8, and are not exempt from disclosure under the Public Records Act. The California Supreme Court, however, remanded the case to the lower courts to allow the Commission the opportunity to establish that information regarding particular officers or categories of officers should be excised from the disclosed records in order to protect the safety or efficacy of those peace officers.83 (7) Arrest records, complaint reports, investigatory, and security files.
Gov't Code § 6254(f).
This exemption strictly limits the information required to be disclosed about arrests, complaints and investigations.84 Records of complaints to or investigations conducted by police agencies generally may be withheld.
Investigatory or security files compiled by a local agency for law enforcement or licensing purposes are also covered by the exemption, provided "there is a concrete and definite prospect of criminal law enforcement proceedings."85 82 Commission on Peace Officer Standards and Training v. Superior Court, 42 Cal. 4th 278 (2007) 83 Id. at 303; see also, Long Beach Police Officers Assn. v. City of Long Beach, 59 Cal. 4th 59 (2014) (holding the Act did not protect from disclosure the names of officers involved in on -duty shootings). 84 The scope of "records of investigation" is narrowly construed. American Civil Liberties Union Foundation v. Superior Court, 3 Cal. 5th 1032, 1039 (2017). Records of investigation exempted under Section 6254(f:) "encompass only those investigations undertaken for the purpose of determining whether a violation of law may occur or has occurred. If a violation or potential violation is detected, the exemption also extends to records of investigations conducted for the purpose of uncovering information surrounding the commission of the violation and its agency." Haynie v. Superior Court, 26 Cal. 4th 1061, 1071 (2001). In American Civil Liberties Union of Southern California v. Superior Court, the California Supreme Court declined to extend the meaning of "investigation" to cover bulk raw data obtained as part of a mass personal data collection, because there was no targeted "investigation" into a particular criminal act. 3 Cal. 5th 1032, 1042.
85 Dixon v. Superior Court (Neves), 170 Cal. App. 4th 1271, 1277 (3 Dist. 2009) (internal quotation omitted).
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This exemption extends indefinitely, even after investigations are concluded.86 In most cases, agencies are required to disclose to the public87 the full name, current address, and occupation of every person arrested by the agency, including a general physical description, along with the date and time of arrest.
This disclosure, however, is not required where it would endanger the safety of a person involved in an investigation or jeopardize the successful completion of the pending investigation or a related investigation.
While investigations conducted by police agencies are generally not disclosable, investigations of police agencies may be subject to PRA requests.
When releasing records pertaining to investigations of police agencies, the agency must redact or otherwise withhold any information that is part of a police officer's confidential personnel file.S8 Counsel should be consulted to ensure that confidential information is not disclosed.
In addition, local agencies are required to disclose to the public the time, substance, and general location of all complaints and requests for assistance, and the time and nature of the agency's response. However, no disclosure may be made to any arrested person or defendant in a criminal action of the address and telephone number of any person who is a victim or witness in an alleged offense.89 Further, this disclosure is not required where it would endanger the safety of a person involved in an investigation or jeopardize the successful completion of the pending investigation or a related investigation.
In all cases, the address of a victim of an alleged sex offense or human trafficking offense must be withheld.90 Additionally, the name of the victim of an alleged sex offense must be withheld if the victim or a minor victim's parent or guardian requests it be withheld. While the law refers to "sex offenses," the crimes listed in Section 6254(f) include sexual assault, child molestation, child abuse, hate crimes, and stalking.
The Public Records Act prohibits the commercial use of arrest and arrestee information, and requires that persons requesting such information sign a declaration, under penalty of perjury, that the request is made for a scholarly, journalistic, political, or governmental purpose, or for investigation by a licensed private investigator.91 This requirement, however, may have limited applicability 86 Rackauckas v. Superior Court (Los Angeles Times Communications), 104 Cal. App. 4th 169, 174-178 (4 Dist. 2002). 87 Section 6254(f) also authorizes release of certain limited information to the victim of a crime and other interested parties, above and beyond that information released to the public generally. 88 Pasadena Police Officers Association v. City of Pasadena, 22 Cal. App. 5th 147 (2 Dist. 2018). 89 Penal Code § 841.5.
90 Penal Code § 293.
91 Gov't Code § 6254(f) (3). A commercial publisher of criminal records challenged the constitutionality of this limitation on disclosure, but the United States Supreme Court held that the statute did not violate the First Amendment to the U.S.
Constitution. Los Angeles Police Dep't v. United Reporting Publ'g Corp., 528 U.S. 32 (1999).
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given the outcome of litigation by United Reporting Publishing Corporation against the California Highway Patrol.92 Subsequent to that case, the Attorney General issued an opinion that a law enforcement agency may not require that a requester present subscriber lists, copies of publications, or other verification of a journalistic purpose and the requester is not required to monitor subscribers to prohibit them from using the information for commercial purposes.93 Disclosure of Certain Police Department Records
Penal Code sections 832.7 and 832.8, which previously provided that peace officer personnel records are confidential and subject to disclosure only after a granted Pitchess Motion, were amended in 2019. Now, certain peace officer personnel records and records relating to specified incidents, complaints, and investigations must be made available to the public under the Public Records Act. Penal Code sections 832.7 and 832.8 now provide that an agency must disclose any record relating to the report, investigation, or finding of:
• an incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
• an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or great bodily injury. • When a sustained finding was made that a peace officer or custodial officer engaged in sexual assault involving a member of the public. • When a sustained finding was made of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying or concealing of evidence.
These disclosure requirements apply regardless of whether the disclosable records sought pertain to officers employed by the agency or by another public agency and regardless of whether the agency or another public agency 92 United Reporting Publ'g Corp. v. California Highway Patrol, No. 96-CV-0888-B (S.D. Cal. Aug. 13, 2001) (final judgment on consent) ("As applied to United Reporting's activities as described in this lawsuit, section 6254(f) (3) violates United Reporting's rights under the First Amendment to the United States Constitution by preventing United Reporting from engaging in its journalistic activities as described above."). 93 89 Ops. Cal. Att'y Gen. 97 (2006).
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created the records.94 These requirements also apply to records created prior to 2019 if a public records request is submitted after January 1, 2019.95 Note, however, that the catchall exemption to disclosure under the Public Records Act (Government Code section 6255), can apply to exempt otherwise disclosable records under Penal Code Section 832.7 where, based on the facts of the particular case, the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.96 Further, as of July 1, 2019, the Act requires an agency to disclose audio and video recordings that relate to a "critical incident." A recording relates to a critical incident if it depicts an incident involving the discharge of a firearm at a person by a peace officer or custodial officer; or an incident in which the use of force by a peace officer or custodial officer resulted in death or great bodily injury.97
Additionally, recent legislation has imposed requirements on law enforcement agencies to make available online all current standards, policies, practices, operating procedures, and education and training materials that would otherwise be available to the public if a request was made pursuant to the Public Records Act.98
The foregoing is a brief overview of this detailed and complex exemption.
Police and code enforcement staff should familiarize themselves with the complete requirements of this Section prior to responding to requests for arrest and complaint information.
(8) Information required from any taxpayer in connection with the collection of local taxes.
Gov't Code § 6254(i).
This exemption applies to information that a city or other local agency requires from any taxpayer in connection with the collection of local taxes if that information is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information. One frequent example of this is the submittal of sales or income information under a business license tax requirement where the city has indicated in its business license tax ordinance that the financial information 94 gecerra v. Superior Court of City & Cty. of San Francisco, 44 Cal. App. 5th 897 (1 Dist. 2020) review denied (May 13, 2020) .
95 Walnut Creek Police Officers' Assn v. City of Walnut Creek, 33 Cal. App. 5th 940, 941-942 (1 Dist. 2019). 96 gecerra, 44 Cal. App. 5th at 927-929.
97 Gov't Code § 6254(f) (4).
98 Penal Code § 13650.
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provided will be kept confidential. If the business license is required by ordinance to list the amount of tax paid and be posted at the place of business, however, the amount of tax paid arguably is not confidential. (9) Library circulation records.
Gov't Code § 6254(j).
While this exemption protects from disclosure library circulation records kept for the purpose of identifying the borrower of items available in libraries, it is not applicable to records of fines imposed on the borrowers. (10) Records exempt from disclosure under other laws including, but not limited to, the Evidence Code sections relating to privilege.
Gov't Code § 6254(k).
This provision of the Public Records Act exempts from disclosure every document held by a local agency that is legally privileged or confidential under some law outside the Public Records Act. The most common example of this exemption protects documents subject to the attorney -client privilege or the attorney work - product doctrine. It is important to note that neither the Public Records Act nor the Brown Act abrogate those important privileges for communications between a local agency and its legal counsel.99
For example, in Los Angeles County Board of Supervisors v. Superior Court, the Supreme Court ruled that the attorney -client privilege protects the confidentiality of invoices for legal work in pending and active legal matters.loo The Court reasoned that such invoices are so closely related to attorney -client communications that they may reveal legal strategy or consultation. The Court emphasized, however, that the attorney -client privilege does not categorically shield everything in a billing invoice from PRA disclosure.
This case also reaffirms the principle that the Public Records Act does not permit public agencies to withhold an entire document that contains both exempt and nonexempt information. On this point, the Supreme Court ruled that agencies must "use the equivalent of a surgical scalpel to separate those portions of a record subject to disclosure from privileged portions" unless records are not 99 Roberts v. City of Palmdale, 5 Cal. 4th 363, 377 (1993). 100 Los Angeles County Board of Supervisors v. Superior Court, 2 Cal. 5th 282 (2016).
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"reasonably segregable."1o1 Further, the Court stressed that any ambiguity must be construed in "whichever way will further the people's right of access."102 On remand, the Court of Appeal clarified that specific billing entries and descriptions of work contained in attorney invoices are not subject to disclosure under the PRA, whether they related to pending, ongoing or long -concluded legal matters. The Court further found that cumulative fee totals contained in attorney invoices for pending or ongoing legal matters are also protected from disclosure by the attorney -client privilege. And finally, it found that cumulative fee totals for matters concluded long ago may be subject to disclosure only if the cumulative fee totals do not reveal anything about the legal consultation or provide any insight into legal strategy.103 Whether or not any particular fee total must be disclosed is a factual inquiry for the trial courl.104 While a full discussion of attorney -client privilege and attorney work product is outside the scope of this Handbook, it is worth noting that one court held that a city waived those privileges for communications it sent to a developer prior to approval of a development project under the California Environmental Quality Act (CEQA).105 The court held that the "common interest doctrine," which generally allows disclosure of privileged communications to third parties with a common interest in a legal matter, did not apply to prevent the city's waiver.106 As a result, the city was required to include its attorneys' communications with the developer in the administrative record it prepared. In light of this opinion, local agencies should be cautious in sharing documents and legal opinions prepared by the agency's attorney with a project developer, and recognize that in the event it does share such documents and opinions of its attorneys, those disclosures likely waive the agency's privilege.
In Labor and Workforce Development Agency v. Superior Court, the Court of Appeal extended the protection afforded by Section 6254(k) to documents revealing the deliberative process of an agency, even going so far as to prevent the disclosure of the identities of persons with whom the agency confidentially communicated, and the general subject matter of the communications.107
Determining which other confidentiality laws are incorporated into the Public Records Act has always been difficult and time-consuming. In 1998, the 101 Id. at 292.
102 Id. (citing Ardon v. City of Los Angeles, 62 Cal. 4th 1176, 1 190 (2016), and Cal. Const., art. I, § 3, subd. (b) (2)). 103 County of Los Angeles v. Superior Court, 12 Cal.App. 5th 1264, 1274 (2 Dist. 2017). 104 Id.
105 Citizens for Ceres v. Superior Court (City of Ceres), 217 Cal. App. 4th 889, 922 (5 Dist. 2013). 106 Id. at 914-921 .
107 Labor & Workforce Dev. Agency v. Superior Court, 19 Cal. App. 5th 12 (3 Dist. 2018) review denied (Apr. 25, 2018).
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Legislature attempted to address this problem by enacting a statute that lists most of the exemptions found in other laws.108 The list begins at Government Code Section 6276 and continues for more than 20 pages. Although the Public Records Act cautions that this list may not be complete, it is a helpful list. (11) Personal financial information required of licensees.
Gov't Code § 6254(n).
When a local agency requires that applicants for licenses, certificates, or permits submit personal financial data, that information is confidential. This exemption, however, does not apply to financial information filed by a franchisee to justify a rate increase, presumably because those affected by a rate increase have a right to know its basis.109 The term "license" was narrowly construed by the court in San Gabriel Tribune v. Superior Ct. to exempt financial information of applicants whose business with the agency is only public because they must comply with licensing requirements and regulations. To give effect to the Public Records Act policy that favors disclosure over secrecy in government, the court concluded that a franchisee is akin to a contractual relationship and is not an applicant for a license under Section 6254(n).
(12) Terrorist assessment reports.
Gov't Code § 6254(aa).
A document prepared for or by a local agency that assesses its vulnerability to terrorist attacks or other criminal acts intended to disrupt the local agency's operations is exempt from disclosure if the document is prepared for distribution or consideration in a closed session of the local agency. (13) Voter registration information.
Gov't Code § 6254.4.
The home address, telephone number, email address, precinct number, and prior registration information shown on voter registration cards is confidential.
Disclosure of that information is permitted only to candidates and campaigns, and to any person for election, scholarly, journalistic, or political purposes pursuant to Section 2194(a) (3) of the Elections Code. The driver's license number, social security number and signature of the voter shown on the voter registration card are also confidential and cannot be disclosed to any person. 108 Stats. 1997, c. 620 (S.B. 143- Kopp).
109 San Gabriel Tribune v. Superior Court (City of West Covina), 143 Cal. App. 3d 762, 779-780 (2 Dist. 1983).
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We believe that this exemption extends to any document that by law must include the information made confidential by this Section, including applications for absentee ballots and returned absentee ballot packages. However, voter registration information identified under Section 6254.4 of the Government Code must be made available to the public if the information is at least one hundred years old. 110
(14) Utility customer information.
Gov't Code § 6254.16.
The name, credit history, utility usage data, home address, and telephone number of utility customers of local agencies are exempt from disclosure, except in certain circumstances. This information may be disclosed to authorized family members of the person to whom the information pertains or his or her agent, to an officer or employee of another governmental agency when necessary to perform official duties, or upon court order or the request of law enforcement for an ongoing investigation. In addition, the information may be disclosed if the utility customer has used the utility services in a manner inconsistent with applicable local utility usage policies. If the utility customer is a public official with authority to determine utility usage policies, the information may be disclosed except that the home address of an appointed official may not be disclosed without the official's consent. Lastly, the information may be disclosed if the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure .
(15) Unauthorized Internet posting of officials' addresses and telephone numbers.
Gov't Code § 6254.21.
The posting of the home address or telephone number of any elected or appointed official on the internet by a local agency without that individual's written permission is prohibited. The definition of "elected or appointed officials" includes, but is not limited to, members of a city council, members of a board of supervisors, mayors, city attorneys, police chiefs, and sheriffs. It is a misdemeanor for any person to post such information with the intent to cause bodily injury to the official, his or her spouse or child. The official may bring an action for damages under certain circumstances. If bodily injury occurs as a result of the posting, then the posting could become a felony.
If a person, business, or association publicly posts on the internet the home address or telephone number of any elected or appointed official, the official 110 Elec. Code § 2194.1.
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may make a written demand to have the information removed. An official may bring an action in court to seek injunctive relief in the event the posting is not removed or is posted again during the four years that the written demand is in effect., 11
(16) Social Security Numbers.
Gov't Code § 6254.29.
Local agencies must redact social security numbers from records before disclosing them to the public.
(17) General public interest exemption.
Gov't Code § 6255.
In cases where a specific statutory exemption does not apply, a record still might be exempt from disclosure if:
on the facts of the particular case the public interest served by not disclosing the record clearly outweighs
the public interest served by disclosure of the record.112 The numerous cases examining this "balancing test" make it clear that the burden is on the local agency to show that the public interest in confidentiality outweighs the public interest in disclosure. In fact, given the public policy involved, courts demand a demonstration of "clear overbalance" to justify non- disclosure.113
In practice, very few local agencies have been able to convince reviewing courts that the public interest in confidentiality outweighs the interest in disclosure. In the absence of a specific statutory exemption, this "catch-all" distinction rarely has been successfully relied upon to justify nondisclosure. Thus, local agencies must in good faith find a relatively rare "clear overbalance" to justify confidentiality on this ground.,14
The right of privacy may provide a basis to shield disclosure of information under Government Code Section 6255. For example, relying on the right of privacy, ,,, Note, however, that at least one court has indicated that this law may be unconstitutional where applied to prohibit the publication of contact information that is truthful information about a matter of public concern where the information published was lawfully obtained. Publius v. Boyer -Vine, 237 F. Supp. 3d 997, 1016, 1021 (E.D. Cal. 2017). 112 Gov't Code § 6255.
113 City of Hemet, 37 Cal. App. 4th at 1421; see also Black Panther Party, 42 Cal. App. 3d at 657. 114 See, e.g., Michaelis, Montanari & Johnson v. Superior Court (City of Los Angeles Dept. of Airports), 38 Cal. 4th 1065 (2006) (holding under "catch-all" exemption that proposals for lease and development of a hangar facility at public airport were exempt from disclosure until City had completed negotiations where negotiations were part of the competitive process).
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the California Supreme Court ruled that disclosure of raw automated license plate reader data collected by a police department was protected from disclosure under this catch-all exemption.115 The unaltered license plate scan data consisted of the plate number, date, time, and location information of each license plate record.,16 The Supreme Court found that the act of revealing the data would jeopardize the privacy of everyone associated with a scanned plate which was a significant threat to privacy because more than one million scans were conducted per week, and on that basis concluded that the public interest in preventing such disclosure "clearly outweighs the public interest served by disclosure of" these records. 117
Two other areas in which a public interest in nondisclosure has been upheld involve public records disclosure that would adversely affect the deliberative process of a local agency, or the personal security of a public official. In Times Mirror Co. v. Superior Court,,18 for example, the State's refusal to release the Governor's schedule and appointment calendar out of concern for the Governor's personal safety was upheld. Additionally, the State asserted that the disclosure of appointment calendars and schedules would "chill the flow of information" to the Governor and inhibit the free exchange of ideas in private meetings. The breadth of the request, however, may affect the balancing of interests. The public interest in nondisclosure may be less where the request is carefully focused and confined to a few documents.119
The Governor's office won another Public Records Act case on the "deliberative process privilege" and the exemption for "correspondence of and to the Governor"120 justifications in 1998 when the office refused to disclose applications submitted to the Governor for an appointment to a vacancy on a board of supervisors.121
On the local level, a city's refusal to disclose the telephone records of council members was upheld to protect the same "deliberative process privilege."122 Far more often, however, courts have found the public interest in disclosure outweighs the interest in confidentiality. Similarly, the Attorney General has issued several opinions favoring disclosure. Some illustrative cases and Attorney General opinions in this area include the following:
115 American Civil Liberties Union Foundation v. Superior Court, 3 Cal. 5th 1032, 1043-1044 (2017). 116 Id. at 1043.
117 Id. at 1044.
118 Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325, 813 P.2d 240 (1991). 119 Id. at 1344-46.
120 Gov't Code § 6254(I).
121 California First Amendment Coalition v. Superior Court (Wilson), 67 Cal. App. 4th 159 (3 Dist. 1998); see also Wilson v.
Superior Court (Los Angeles Times), 51 Cal. App. 4th 1 136 (2 Dist. 1997), as modified. 122 Rogers v. Superior Court (City of Burbank), 19 Cal. App. 4th 469 (2 Dist. 1993).
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• Becerra v. Superior Court of City & Cty. of San Francisco (First Amendment Coalition et aI.)123
Penal Code Section 832.7 generally requires disclosure of all responsive records in the possession of the Department of Justice, regardless of whether the records pertain to officers employed by the department or by another public agency and regardless of whether the department or another public agency created the records. Government Code Section 6255 may apply to records that are subject to disclosure under Penal Code Section 832.7, but while an agency may invoke the exception based on the concern that segregating nonexempt from exempt information would be unduly burdensome, for the exception to apply to withhold responsive records the agency must establish a clear overbalance on the side of confidentiality. The Department of Justice failed to make such a sufficient showing, despite arguing they faced an "`onerous burden of reviewing, redacting, and disclosing records regarding other agencies' officers, which involves `potentially millions of records"' to disclose records under Penal Code Section 832.7.
• Connell v. Superior Court (Intersource, Inc.) 124
Records relating to unpaid state warrants are public records and must be disclosed. The public interest in disclosure outweighs the public interest in preventing possible fraud that could be assisted through the release of too much information about the State's warrant system. The fact that the request was made solely for commercial purposes and profit did not affect the balancing test.125
• Copley Press, Inc. v. Superior Court (M.P.R. - a minor)126 As a matter of law, no compelling reason exists to seal the court records of a settlement reached between the insurer for a school district and a minor student who was sexually assaulted at school. The amount of settlement is a matter of public record.
123 44 Cal. App. 5th 897 (1 Dist. 2020).
124 56 Cal. App. 4th 601 (3 Dist. 1997).
125 Government Code section 6257.5 states that the Public Records Act "does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure."
126 63 Cal. App. 4th 367 (4 Dist. 1998).
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• CBS, Inc. v. Block127
The possibility that public disclosure of applications for concealed weapons permits would discourage the filing of new applications, or that such disclosure might increase applicants' vulnerability to attack, did not justify nondisclosure. • Braun v. City of Taft (Polston)128
A City's nondisclosure of personnel records and letters appointing an employee and then rescinding the appointment was not justified by the theory that future applicants would not be candid if they knew personal information would be made public.
• Humane Society of U.S. v. Superior Court
(The Regents of the University of California)129
A public university's nondisclosure of certain information relating to an academic study was justified because the interest in protecting the academic research process outweighed the interest in public disclosure. Disclosure would "fundamentally impair" the academic research process and the public would suffer because the "`quantity and quality' of . . . academic research on important issues of public interest would be adversely affected."130 • Los Angeles Unified School District v. Superior Court (Los Angeles Times)131
A school district's decision to redact the names of teachers in a statistical model measuring each teacher's effect on students' standardized test scores was proper because the detrimental interference with the district's ability to function properly clearly outweighed the interest in public disclosure. The scores had already been released to the public categorized by school, grade, subject, and demographics; to require additional disclosure would sow discord among parents and teachers.
• Long Beach Police Officers Assn. v. City of Long Beach (Los Angeles Times) 132
In a request by a newspaper for the names of peace officers involved in a fatal shooting, the California Supreme Court held that vague safety concerns - which 127 42 Cal. 3d 646 (1986).
128 154 Cal. App. 3d 332 (5 Dist. 1984).
129 214 Cal. App. 4th 1233 (3 Dist. 2013).
130 Id. at 1263.
131 228 Cal. App. 4th 222 (2 Dist. 2014).
132 59 Cal. 4th 59 (2014).
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apply equally to all officers involved in shootings that result in severe injury or death - were outweighed by the public's interest in such incidents.133 The California Supreme Court held that in order for names of peace officers involved in such incidents to be exempt from disclosure, there must be a particularized showing of safety concerns regarding those officers.
• 90 Ops. Cal. Att'y Gen. 40 (2007)
County recorder's accounting records that include a payment receipt showing the documentary transfer tax amount is subject to inspection under the Public Records Act. While the statutory scheme allows the documentary transfer tax to appear on a separate paper rather than on the recorded property conveyance document, that procedure provides only limited privacy protection for property owners and does not make the documentary transfer tax amount confidential. • 81 Ops. Cal. Att'y Gen. 383 (1998)
Claims for senior citizens' exemptions from assessment of a parcel tax levied by a school district are subject to inspection by members of the general public.
The concern that the residents' privacy would be compromised by solicitors targeting senior citizens was insufficient to overcome the public interest in disclosure.
X. WHAT IS THE PROPER PROCEDURE FOR COMPLYING WITH A PUBLIC RECORDS ACT REQUEST?
The following is a brief outline of the proper response procedure, as required by Government Code Section 6253.
A. The agency has ten calendar days to determine whether to grant the request. Grounds for refusing a request include:
• The request does not seek records which are "reasonably segregable" from records which are exempt from disclosure;134 • The request does not reasonably describe an identifiable record;135 • The request would require the agency to create new records not currently in existence; or136
133 Since the Long Beach decision, amendments to Penal Code Section 832.7 require that peace officer records relating to an incident involving the discharge of a firearm at a person by a peace officer or custodial officer or an incident in which the use of force by a peace officer or custodial officer against a person resulted in death or in great bodily injury must be made available to the public under the Public Records Act. 134 Gov't Code § 6253(a).
135 Gov't Code § 6253(b).
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• The request seeks records which are exempt from disclosure.137 Note, however, that the Public Records Act requires the disclosure of "reasonably segregable" portions of records. This means that if portions of a record are exempt and other parts of the same record are not, the non-exempt portions of the document must be disclosed.138
B. In "unusual circumstances" the agency may take up to an additional 14 calendar days to make the determination whether to grant the request. "Unusual circumstances" must be one of the following:
• The need to search for and collect the requested records from field facilities or other locations separate from the office processing the request;139
• The need to search for, collect, and examine a voluminous amount of separate and distinct records demanded in a single requesl;140 • The need for consultation with another agency having a substantial interest in the request or among two or more components of the agency having an interest in the subject matter of the requesl;141 or • The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.142
If the agency intends to use this additional time to respond, the agency must provide written notification to the requester that the additional time is required, the reason for the delay, and the date on which a determination will be given.143 C. When the agency has made a determination, the requester must be promptly notified of the agency's determination. This notification should be in writing and should include the following information:
• Whether the request is being granted or denied;144
136 Based upon the definition of "writing," Gov't Code § 6252(g), and the requirement that a requested record be "identifiable," Gov't Code § 6253(b). See note 21.
137 Gov't Code § 6253(b).
138 Gov't Code § 6253(a).
139 Gov't Code § 6253(c)(1).
140 Gov't Code § 6253(c)(2).
141 Gov't Code § 6253(c)(3).
142 Gov't Code § 6253(c)(4).
143 Gov't Code § 6253(c).
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• If the request is being granted, the estimated date and time when the records will be made available (or where the records are located on the agency's website);145
• If the request was made in writing and is being denied, in whole or in part, the response must be in writing and include the extent and the reasons for the denial;146
• The name and title or position of the person responsible for the denial;l47
• The cost or an estimate of the cost of copying the records, if a copy is requested, and a request for pre -payment. Note that this is only the direct cost of duplication, or a statutory fee, if applicable, and does not include staff time to research, retrieve, or compile the records.148 However, if the document requested is in electronic form, the agency may charge the full cost of reproducing the document when the record is one that is produced only at otherwise regularly scheduled intervals, or the request would require data compilation, extraction, or programming to produce the record.149
• The option to inspect the requested records at a mutually convenient time during office hours.150
• A requester who inspects a disclosable record on the agency's premises has the right to use their own equipment on those premises, within reasonable limits necessary to protect the safety of the records or to prevent unnecessary burden on the orderly function of the agency and its employees, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record.151
144 Gov't Code § 6253(c).
145 Gov't Code § 6253(c).
146 Gov't Code §§ 6255, 6253(c).
147 Gov't Code § 6253(d) (3).
148 Gov't Code § 6253(b); North County Parents Organization v. Dep't of Education, 23 Cal. App. 4th 144 (4 Dist. 1994). 149 Gov't Code § 6253.9(b) ; see also Nat'l Lawyers Guild v. City of Hayward, 9 Cal. 5th 488 (2020) (finding that retrieving and editing raw video footage in response to a public records request does not qualify as "data extraction" within the meaning of the Public Records Act and therefore public agencies may not recover their costs for that process). 150 Gov't Code § 6253(a).
151 Gov't Code § 6253(d). However, Health and Safety Code Section 19851 provides separate procedures for obtaining duplicates of official copies of building plans.
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• If in response to a public records request the agency directs a member of the public to the location of that public record on its website, the agency must still promptly provide a copy of the record itself if the member of the public requests a copy due to his or her inability to access or reproduce the public record from the we bsite.152
D. In addition to the above requirements, if the local agency determines that the request should be denied and the reason for the denial is not solely because of a statutory exemption, the agency must also:
• Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated;153
• Describe the information technology and physical location in which the records exist;154
• Provide suggestions for overcoming any practical basis for denying access to the records or the information soughl.155
Alternatively, a local agency may forego these requirements if it instead makes available an index of the record.156
E. Upon payment of the cost of duplication, the agency must make the records "promptly available."157
F. Please note that the agency may not use this procedure to "delay or obstruct the inspection or copying" of public records.158 G. The local agency may provide guidelines for "faster, more efficient, or greater" access to records than provided by the Act.159 152 Gov't Code § 6253(f).
153 Gov't Code § 6253.1 (a) (1).
154 Gov't Code § 6253.1 (a) (2).
155 Gov't Code § 6253.1 (a) (3).
156 Gov't Code § 6253.1 (d) (3).
157 Gov't Code § 6253(b).
158 Gov't Code § 6253(d).
159 Gov't Code § 6253(e).
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XI. WHAT ARE THE PENALTIES FOR FAILURE TO COMPLY WITH THE PUBLIC RECORDS ACT?
Unlike other open government laws, the Public Records Act does not criminally penalize a local agency for its failure to comply with the Act. Nor does it subject a local agency to money damages for a violation.160 However, if a person requesting public records believes records have been improperly withheld, he or she may ask a court to compel a local agency to disclose the records.161 Any person who prevails in enforcing his or her rights under the Act in court is entitled to receive court costs and reasonable attorneys' fees.162 Courts have deemed a person to be the "prevailing party" for purposes of awarding costs and fees if filing of the lawsuit motivated the local agency to produce any documents.163 The production of just one document can be sufficient to trigger an award of costs and fees.164 In the past, where the court determined the litigation was not what ultimately motivated the release of records, costs and fees were denied.165 One court held that an award of attorneys' fees was appropriate even though no additional records were produced as a result of the lawsuit.166 The local agency in that case had repeatedly refused to accept a requester's oral request to inspect public records and forced the requester to make her request in writing, constituting a general denial of access to all public records and justifying an award of attorneys' fees under the circumstances.
XII. CONCLUSION
This Handbook provides a brief overview of some of the most important provisions of the Public Records Act that frequently arise for local government agencies. There are, however, many other provisions not covered by the scope of this Handbook. Additionally, each factual situation contains nuances specific to the particular situation that may impact the analysis. Because it is important to comply with the Public Records Act within a relatively short time frame, it is critical to seek the advice of counsel if there is any question as to the appropriate course of action.
160 County of Santa Clara v. Superior Court (Naymark), 171 Cal. App. 4th 119, 130 (6 Dist. 2009). 161 Gov't Code § 6258.
162 Gov't Code § 6259(d).
163 Los Angeles Times v. Alameda Corridor Transportation Authority, 88 Cal. App. 4th 1381, 1391 (2 Dist. 2001); Rogers v.
Superior Court, 19 Cal App. 4th 469, 482 (2 Dist. 1993); Nat'l Conference of Black Mayors v. Chico Cmty. Publ'g, Inc., 25 Cal. App. 5th 570 (3 Dist. 2018) (newspaper that fought third party effort to prevent disclosure of public records sought by the newspaper was not entitled to attorneys' fees under the Public Records Act because newspaper did not bring an action against the City to compel disclosure under the Act). 164 Los Angeles Times, 88 Cal. App. 4th at 1392.
165 Id. at 1391; Crews v. Willows Unified School District, 217 Cal. App. 4th 1368, 1381-82 (3 Dist. 2013). 166 Galbiso v. Orosi Public Utility District, 167 Cal. App. 4th 1063, 1086-1089 (5 Dist. 2008).
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ELECTRONIC RECORDS
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ELECTRONIC RECORDS
Advances in computer technology have significantly altered the method of communication with and between public officials and employees, but these technological developments have outpaced public records legislation. Email, electronic documents created on word processors, and web pages (including social media pages) do not readily fit into the categories of disclosure under decades -old laws.
The courts have had to fit the round peg of electronic documents into the square hole of state law on several occasions. In Aguimatang v. California State Lottery, the Court of Appeal rejected a defendant's argument that the plaintiff's computer records "were not made at or near the time of the event" and therefore did not qualify as an admissible "writing" under the evidentiary rules for business records.167 The records were recorded on magnetic tape on the day the events of the case took place, but were not printed out until twenty-two months later. The court concluded that the magnetic tape, not just the printout, constituted a "writing" under the Evidence Code:
Chanquin cites no authority holding that the retrieval, rather than the entry, of computer data must be made at or near the time of the event. Thus, although to qualify as a business record the "writing" must be made at or near the time of the event, "writing" is not limited to the commonly understood forms of writing but is defined very broadly to include all "means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof." Evid. Code § 250. Here, the "writing" is the magnetic tape. The data entries on the magnetic tapes are made contemporaneously with the Lotto transactions, hence qualify as business records. The computer printout does not violate the best evidence rule, because a computer printout is considered an "original." Evid. Code § 255.168
Similarly, in People v. Martinez, the California Supreme Court held that records from a state computer system of a defendant's prior criminal convictions were admissible as "official records" under the Evidence Code.169 In an attempt to catch up, in 2002 the Legislature enacted Assembly Bill 1962 ("AB 1962"), modifying the definition of "writing" under the Public Records Act and the Evidence Code to include "photographing, photocopying, transmitting 167 Aguimatang v. California State Lottery, 234 Cal. App. 3d 769 (3 Dist. 1991). 168 Id. at 798.
169 People v. Martinez, 22 Cal. 4th 106 (2000).
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by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof," and clarifying that the definition applied "regardless of the manner in which the record has been stored." 170
The legislative reports for AB 1962 cited to Aquimatang and Martinez to establish that the amendment was declaratory of existing law. The reports also observed that in an earlier case, a court of appeal stated that the definition of writing in the Public Records Act was "intended to cover every conceivable kind of record that is involved in the governmental process and will pertain to any new form of record -keeping instrument as it is developed."»1 Under the 2002 legislation, emails and other electronic documents are records subject to disclosure and present their own unique issues for local governments.
In 2009, the State Legislature enacted rules relating to the discovery of electronically stored information, similar to the rules enacted by the Federal Government in 2006. In 2006, the Federal Rules of Civil Procedure were revised to require parties in federal lawsuits to address the production and preservation of electronic records.12 Under the 2006 Rules, a public entity should have an electronic retention practice and policy that ensures that electronic documents relevant to federal litigation are appropriately preserved. Rule 37 of the Federal Rules of Civil Procedure authorizes federal courts to impose sanctions on parties and their attorneys who fail to comply with discovery obligations and court orders.
City websites, in turn, raise questions about public rights of access. Websites are an important means of providing residents with access to information. An improperly framed policy on website use, however, could result in violations of the Brown Act, infringe upon residents' First Amendment rights, and even violate disability access laws. Consequently, it is important to establish clear policies governing website design and use.
This Part Two on Electronic Records will begin by discussing the types of email that are public records, and what exemptions under the Public Records Act might justify nondisclosure. Other unique issues raised by the use of email are also explored, such as emails sent or received by public officials and employees on nongovernmental accounts, email threads and the potential risk of using email to create an unlawful serial meeting under the Brown Act. We then look 170 Stats. 2002, c. 945 (A.B. 1962—Hollingsworth) (amending Gov't Code § 6252 and Evid. Code § 250). 171 Assembly Committee on Judiciary, Report on AB 1962, May 14, 2002 (citing San Gabriel Tribune v. Superior Court, 143 Cal. App. 3d 762, 774 (1 Dist. 1983)).
12 Fed. R. Civ. P. 26.
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at the Public Records Act requirements for disclosure of other types of electronic records, including Geographic Information Systems.
The discussion then turns to other concerns raised by electronic records, including litigation discovery and metadata. We close with a discussion of city websites, including some of the legal issues that a public entity should consider when establishing and running a website.
I. EMAIL
Given that email can be a public record under Government Code Section 6252, in most circumstances a public entity is under an obligation to disclose email upon request. However, there are a number of complications, and despite AB 1962's attempt to respond to the changed method of communication, the bill provided nothing in the way of specifics.
A. Is the Email a Public Record?
Under the Public Records Act, certain exemptions might apply to justify withholding an email. But a fundamental question - one that must be considered before determining whether an exemption applies - is whether the document qualifies as a "public record" of the local agency. (1) Personal Messages
Documents disclosable under the Public Records Act must be "prepared, owned, used, or retained by any state or local agency," and must contain information "relating to the conduct of the public's business."13 Although this covers a very broad range of documents, it does not cover every document.
For example, emails on entirely personal subjects unrelated to local agency business would not relate to the conduct of the public's business, and therefore would not constitute "public records" under Section 6252.14 A harder determination is whether a personal email that only mentions a city issue in passing would relate to the conduct of the public's business. In 2017, the California Supreme Court held the determination of whether a particular email qualifies as a public record, particularly for emails kept in personal accounts, will involve the consideration of a number of factors and may not always be clear.15 The court suggested examining the content and context of the email, the purpose for which it was written and to whom, and whether the email was 173 Gov't Code § 6252.
174 City of San Jose v. Superior Court, 2 Cal. 5th 608, 618-19 (2017). 175 Id. at 618.
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prepared by an employee purporting to act within the scope of his or her employment.16
(2) Emails Sent or Received Using Personal Devices and Personal Accounts
Staff frequently asks whether emails sent or received on a nongovernmental account (such as personal Gmail, Yahoo Mail, or Hotmail accounts), or from a home computer or smartphone, and which pertain to local agency business, qualify as a public record. The California Supreme Court decided this very issue, and held in a unanimous decision that the presumptive right of access of the PRA extends to emails and texts sent or received on nongovernmental accounts, whether on private or government -issued devices, used by local agency employees or officials that relate to the business of that local agency.177 In City of San Jose v. Superior Court, a request for 32 categories of public records was filed with the City of San Jose.»$ The request included emails and text messages sent or received on private electronic devices used by the mayor, two City council members, and their staff.19 The City argued such emails were outside the reach of the PRA, both because the emails were not directly accessible to the City and thus did not qualify as writings "prepared, owned, used or retained" by the City under the Section 6252 definition of "public records," and because neither employees nor officials are included within the governmental entities listed in the definition of "local agency," also found under Section 6252.180 The Court found neither argument persuasive when considering the legislative intent of the PRA and the constitutional directive to a broadly construed right of public access.181
The California Supreme Court found no indication "the Legislature meant to allow public officials to shield communications about official business simply by directing them through personal accounts."182 The court did acknowledge the inherent balance that must be struck between the public's rights of access and an individual employee's or official's right of privacy, and sought to offer some limited guidance for how searches should be conducted for records sent or received on nongovernmental accounts that pertain to the public's business.183 176 Id.
177 Id. at 629.
178 Id. at 614.
179 Id. at 615.
180 Id. at 619-20.
181 Id. at 620-21.
182 Id. at 624.
183 Id. at 627-29.
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Foremost, the California Supreme Court stated it is the local agency itself that is in the best position to adopt policies that will reduce the likelihood of public records being held in the private, nongovernmental accounts of local agency employees or officials that pertain to the public's business.184 Barring such a policy, the court stated that a local agency's first step upon receiving a PRA request that implicates nongovernmental accounts should be to communicate the request to the individual or individuals in question.185 A local agency may then reasonably rely on those individuals "to search their own personal files, accounts and devices for responsive material."186 Citing both federal precedent under the FOIA and a holding by the Washington Supreme Court under its state public records law, the California Supreme Court also discussed an employee or official submitting an affidavit that would give the local agency, requester, and ultimately the trial court reassurance that responsive records were appropriately searched on nongovernmental accounts.187 Such an approach also strikes "an appropriate balance" with the individual's right of privacy in their personal affairs.188
The California Supreme Court's ruling in City of San Jose v. Superior Court is likely to have far-reaching consequences for public agencies; however, a number of questions remain unanswered by the court's decision. Since the City of San Jose refused to produce any emails from a nongovernmental account in response to the original PRA request, disputes over the content of specific emails and whether or not they fall under the definition of "public record" will likely be decided in subsequent proceedings.189 Similarly, the decision does not address at what point a suggested search in response to a PRA request would become an unwarranted invasion on the privacy of a local agency employee or official.190 In responding to requests for communications sent or received on an individual's nongovernmental account, it is advisable to consult with your legal counsel. Counsel should also be consulted if an agency requires access to potentially responsive documents or communications that are on an employee's private device and not accessible to the agency (for example, documents saved on an employee's home computer hard drive). Our office is also available to help draft policies on how to reduce the likelihood that public records will be held in an agency employee's or official's private nongovernmental account, how to conduct searches into nongovernmental accounts when necessary, and how to work with employees so the employees 184 Id. at 628.
185 Id.
186 Id.
187 Id.
188 Id.
189 Id. at 618.
190 Id. at 627.
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properly search their private, nongovernmental computers and smartphones, when necessary.191
B. Some Email may be Protected by the Deliberative Process Privilege or Mental Process Principle
Emails differ from traditional printed documents: they may be prepared quickly and sent without proofreading, they may be conversational, or they may substitute for face-to-face or telephone communications. As described by the California Supreme Court, "the ease and immediacy of electronic communication has encouraged a commonplace tendency to share fleeting thoughts and random bits of information, with varying degrees of import, often to broad audiences."192 As a result, they often reflect preliminary ideas and concepts, and may be subject to the deliberative process privilege, which was mentioned earlier in the discussion on the Public Records Act.193 Alternatively, the mental process principle may provide a basis for withholding emails. Before applying the deliberative process privilege to emails sent to a legislative body member, you should familiarize yourself with the Brown Act requirements regarding disclosure, discussed below in Section G.
The deliberative process privilege and the mental process principle are very similar, and sometimes courts blur the distinction. Generally speaking, the deliberative process privilege is targeted at protecting from disclosure the decision making process of governmental agencies. Without that protection, candid discussion may be discouraged within an agency, thus undermining its ability to perform its functions.194 It is sometimes referred to as the "executive privilege,"195 but has been applied to records of both the executive branch (e.g., the governor) and the legislative branch (e.g., a city council).196 The mental process principle, on the other hand, appears to apply only to the members of an agency's legislative body when those members are enacting legislation, and protects from disclosure those records that would allow an inquiry into the "subjective motives or mental processes of legislators."197 The deliberative process privilege uses a balancing test, whereas the mental process 191 Private, nongovernmental devices should never be seized by the agency, or accessed without the employee's consent, even if the agency believes the device contains material responsive to a PRA request. 192 Id. at 618.
193 See pages 20 and 24 of this Handbook.
194 Times Mirror Co. v. Superior Court, 53 Cal. 3d 1325, 1342 (1991). 195 Sutter's Place v. Superior Court, 161 Cal. App. 4th 1370, 1378 (6 Dist. 2008). 196 Times Mirror Co., 53 Cal. 3d 1345-46 (governor's calendars and schedule); Rogers v. Superior Court, 19 Cal. App. 4th 469, 479 (2 Dist. 1993) (city council phone records).
197 Sutter's Place, 161 Cal. App. 4th at 1377.
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principle does not, making the mental process principle exemption less subjective.198
(1) Deliberative Process Privilege
Although the Public Records Act does not expressly contain a deliberative process exemption, the California Supreme Court held in 1991 that public records may be withheld on deliberative process grounds.199 The deliberative process privilege arises under the "catch-all" exemption contained in Section 6255 of the Government Code. Under the "catch-all" exemption, a public agency may justify nondisclosure by showing "that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record." To apply the deliberative process privilege:
• First, consider whether the record falls within the scope of the privilege. Generally, records that are predecisional and deliberative (opinion) fall within the scope, but some courts have not strictly applied a predecisional requirement and have permitted purely factual material that exposes the deliberative process to fall within the privilege.200
• Second, identify the public interest served by nondisclosure of the record. Four public interests that have been identified by the courts are:
(1) Protection of the agency's decision -making process so that candid discussion within the agency is not discouraged;201 (2) Protection of certain limited communications with members of the public to ensure that the local agency receives the information it needs to make decisions and otherwise function;202 (3) Protection against confusion caused by premature exposure of the public to internal agency discussions before a policy is finalized;203
198 Id. at 1377, 1379.
199 Times Mirror Co., 53 Cal. 3d at 1347.
200 Rogers, 19 Cal. App. 4th at 479-480 (rejecting a predecisional requirement and withholding from disclosure pure facts, that is, telephone numbers called by staff and city council members). 201 Times Mirror Co., 53 Cal. 3d at 1342.
202 Id. at 1344-45 (disclosure of governor's schedule and appointment calendar would "chill the flow of information" to the governor and inhibit the free exchange of ideas in private meetings). 203 California First Amendment Coalition v. Superior Court, 67 Cal. App. 4th 159, 170 (3 Dist. 1998).
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(4) Protection of the integrity of the decision -making process itself by confirming that "officials should be judged by what they decided, not for matters they considered before making up their minds."204
• Third, identify the public interest served by disclosure of the record.
Courts have emphasized that a primary benefit of disclosing a local agency's records to the public is to promote government accountability. The public and the media have a legitimate need to know whether government officials are performing their duties in a responsible and diligent manner.205 "Such access permits checks against the arbitrary exercise of official power and secrecy in the political process."206
• Fourth, balance the two public interests, and withhold the record from disclosure only if the identified public interest justifying nondisclosure "clearly outweighs" the public interest justifying disclosure.207 In balancing the scales, the weight of an identified public interest in disclosure is "proportionate to the gravity of the governmental tasks sought to be illuminated and the directness with which the disclosure will serve to illuminate."208 Because the public interest in nondisclosure must "clearly outweigh" the public interest in disclosure, if the interests are just about equal, the scales tip in favor of disclosure.
In California First Amendment Coalition v. Superior Court (Wilson), the plaintiffs sought disclosure of records containing the names and qualifications of applicants for a temporary appointment to a local board of supervisors.209 The Governor's office looked extensively into the applicants' backgrounds to determine whether they were qualified for the position. The court upheld nondisclosure of the records under the deliberative process privilege. It reasoned that if the deliberative process privilege did not apply, the Governor would never be able to perform background checks, which is an essential part of selecting an applicant for a government position.210 In balancing the interests, the court concluded that the public's interest in disclosure of background information revealed in confidence by unsuccessful applicants was 204 Id. (internal quotations and citations omitted).
205 Times Mirror Co., 53 Cal. 3d at 1345.
206 CBS v. Block, 42 Cal. 3d 646, 651 (1986).
207 Gov't Code §6255(a).
208 Citizens for a Better Environment v. Department of Food & Agriculture, 171 Cal. App. 3d 704, 715 (3 Dist. 1985). 209 California First Amendment Coalition, 67 Cal. App. 4th at 164. 210 Id. at 171-72 (quoting Times Mirror Co., 53 Cal. 3d 1325, 1345).
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not significant and that the public interest in learning about the successful applicant's background would be satisfied after the appointment.211 The First Amendment Coalition case shows that the deliberative process privilege can apply to communications where the public interest in disclosure of deliberations prior to a decision is not significant and the outcome of those deliberations is a matter of public knowledge. For instance, the public could ultimately learn a council member's views about an item the City council is deliberating by attending the public meeting on the item. In such a case, emails discussing preliminary ideas and concepts about the item may be subject to the deliberative process privilege.
Another example is provided by Times Mirror Co. v. Superior Court.212 In that case, the Los Angeles Times sought copies of the governor's appointment calendars and argued that "in a democratic society, the public is entitled to know how [the governor] performs his duties . . . ."213 Disclosure of who the governor met with would reveal who was influencing his decisions. The governor argued disclosure of his calendar would reveal his deliberative process, and could discourage certain people from meeting with him. In balancing these interests, the California Supreme Court concluded that nondisclosure was justified, reasoning that "if the public and the governor were entitled to precisely the same information, neither would likely receive it. "214 The court added that the "massive weight" of the request (five years' worth of calendars), outweighed whatever merit there was in favor of disclosure.215 The court noted, however, that there may be circumstances under which the public interest in specific information is more compelling, and such a specific, focused request might tip the scales in favor of disclosure.216
Courts have emphasized the need for evidence in order to satisfy the local agency's burden of proof. In Citizens for Open Government v. City of Lodi, the City of Lodi withheld from the administrative record emails between City staff and the City's consultants regarding preparation of a revised EIR.217 Citizen groups sued, challenging in part the administrative record. Lodi argued the emails were exempt from disclosure pursuant to the deliberative process privilege because disclosure would hamper "candid dialogue and a testing and challenging of the approaches to be taken.11218
211 Id. at 173-74.
212 Times Mirror Co., 53 Cal. 3d at 1344.
213 Id.
214 Id. at 1345.
215 Id.
216 Id. at 1345-1346.
217 Citizens for Open Government v. City of Lodi, 205 Cal. App. 4th 296, 305 (3 Dist. 2012) ("Lodi"). 218 Id. at 306.
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The Court of Appeal disagreed, finding that Lodi had failed to establish the conditions for creating the privilege, because Lodi had done nothing more than cite the policy behind the deliberative process privilege without explaining why the facts in this particular case justified invocation of the privilege.219 However, because the Court of Appeal was deciding the case under the California Environmental Quality Act ("CEQA"), and not the Public Records Act, the Court found there was no prejudice and refused to reverse the lower court's ruling.220 In comparison, the public entity in Humane Society of the United States v.
Superior Court, provided detailed declarations from an employee and expert explaining why disclosing certain research documents would harm the research process.221 The Humane Society sought disclosure of certain records and communications related to the preparation of a study by the University of California involving housing of egg -laying hens, and the University claimed various privileges including deliberative process.
The detailed declarations of the research project director submitted by the University seemed to sway the court; the court quoted them at length in the decision.222 One declaration explained how researchers at the University tried new ideas and approaches, frequently brainstorming by email, using shorthand expressions of incomplete thoughts. To be efficient, the researchers did not keep detailed records of how they communicated, and some lines of inquiry that began in email were further discussed and dismissed as part of hallway conversations. Because of that, much of what they said in emails would be easily misinterpreted. Additionally, mistakes along the way are part of the research process. The quality and quantity of work would be stifled if researchers were aware that their informal communications would be made available broadly. While the Humane Society tried to characterize the declaration as mere speculation, the court credited the declarant as an expert in the field, giving the declaration great weight.223 In balancing the public interests, the court concluded that disclosure of the emails "would fundamentally impair the academic research process."224 Given the pervasiveness of email today, the deliberative process privilege seems well -suited to protect predecisional email communications from disclosure.
Nevertheless, California courts have approved the use of the deliberative process privilege sparingly, and require local agencies to provide particularized 219 Id. at 307.
220 Id. at 311.
221 Humane Society of the United States v. Superior Court (Regents of the University of California, real parties in interest), 214 Cal. App. 4th 1233, 1240 (3 Dist. 2013).
222 Id. at 1241-1244.
223 Id. at 1258.
224 Id. at 1263.
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factual evidence in support of its use. Prior to invoking this privilege, it is advisable to consult your legal counsel.
(2) Mental Process Principle
The Public Records Act exempts from disclosure those records that are exempted or prohibited from disclosure pursuant to federal or state law.225 Under California state common law, a court is prohibited from inquiring into the motives or subjective mental processes of legislators in enacting a particular piece of legislation except as those motives may be disclosed on the face of the legislative acts, or inferred from their operation.226 This "mental process principle" permits a local agency to withhold public records that would reveal the mental processes or subjective motives of its legislative body members when they are acting in a legislative capacity. Unlike the deliberative process privilege, which relies on a balancing test,227 records reflecting the "mental processes" of legislators are not subject to a balancing test.228 Under applicable circumstances, the mental process principle may be used to justify nondisclosure of emails of legislative body members, such as city council members. For example, emails sent or received by a city council member could arguably be withheld under the mental process principle when they: (1) discuss the reason the member voted for or against a particular ordinance, (2) involve the gathering of information on which the member based their legislative decision, or (3) expose the motives for the member's vote on a legislative matter.
C. Exception for Notes, Drafts and Interagency/Intra-agency Memoranda
The deliberative process privilege may help a local agency keep sensitive emails from public disclosure, but a far more effective tool is to simply have a policy in place to regularly purge intra-agency or interagency emails that are not subject to the local agency's records retention schedule. Under the Public Records Act, "[p]reliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business" may not be subject to disclosure.229 A written policy of deleting emails more than 120 days old (or some similar duration) would help establish that emails are not retained "in the ordinary course of business." A software 225 Gov't Code § 6254(k).
226 Sutter's Place, 161 Cal. App. 4th at 1375.
227 Gov't Code § 6255.
228 See Times Mirror Co., 53 Cal. 3d at 1339 fn. 9-10 (noting that these records might arguably be exempt under the mental process principle through operation of Section 6254(k)). 229 Gov't Code § 6254(a). For a discussion on the conditions that must be met to utilize Section 6254(a), see pages 10- 12 of this Handbook.
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modification that automatically deletes older emails would ensure that they are not retained, provided staff is notified of the pending purge and takes steps to retain those emails that, based on their content, must be retained under the local agency's records retention schedule.
There are a few caveats, however. First, note that deleting an email is not the end of the story. Popular email programs such as Microsoft Outlook have "deleted items" folders that retain messages for a time after "deletion," in order to give the user an opportunity to "undo" an accidental deletion. If a local agency received a request for an email that had been deleted, but was still on the computer in the "deleted items" folder, it technically would still be in the possession of the agency and may be subject to disclosure. To eliminate this potential issue from arising, an agency must ensure that the deletion becomes final and irreversible. If the agency desires or is required to save a copy of certain emails, then it should print and file such emails, or store them electronically in a location that is not subject to automatic purging.
Second, note that the Section 6254(a) exemption is not absolute. The full text of the exemption provides that drafts, notes, and inter/intra-agency memoranda are nondisclosable "provided that the public interest in withholding those records clearly outweighs the public interest in disclosure." Accordingly, even emails "that are not retained by the public agency in the ordinary course of business" may be subject to disclosure, if the records were not deleted prior to receipt of the Public Records Act request, and a reviewing court concludes that the public interest in disclosure is not "clearly outweighed" by the interest in nondisclosure. This is a significant hurdle for a public agency to overcome.
D. Additional Exemptions that may be Applicable to Email In addition to those described above, there are a number of other exemptions that may be applicable to emails exchanged between employees or officials of a public agency. For example, emails to and from legal counsel may be protected by the evidentiary privileges recognized under Section 6254(k); certain personal financial data may be exempt under Section 6254(n); and personnel and medical files may be withheld under Section 6254(c). The same care should be used in reviewing responsive emails as any other material that may be subject to disclosure, and Part One, Section IX (What Public Records are Exempt from Disclosure under the Public Records Act?) of this Handbook should be consulted for additional information.
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E. The Problem with Threads
Emails elicit a response. The response typically elicits another response. If multiple people received the message, responses from all of the recipients are common. And, in all of those
responses, the original message is
typically quoted, either in part or in
full, generating a "thread" of
messages. The question necessarily
arises, when there is a thread of 20
messages, and one of them is
responsive to a public records
request, must the other 19 messages
also be produced? For example, a
resident makes a request for all
emails discussing the possible
construction of a new library and
locates the following thread:
Only the oldest two messages (sent
at 12:00 and 12:05) refer to the study
session on the library construction.
The rest of the messages are on a
different topic, a topic that may be
politically sensitive. Nevertheless, all
of the responses to the original
message included a copy of the
Original Message
From: City Clerk
To: Joe Employee, lane Emplc
Manager
Date: April 2, 2007 12:05 p.m.
Subject: RE: Question
I think the study session on the new library
is next month. It will be at the same
meeting as we discuss Council compensation.
Original Message
From: Joe Employee
To: lane Employee, City Clerk, City
Manager
Date: April 2, 2007 12:00 p.m.
Subject: Question
Do you know when the Council is going to
have a study session on possibly
constructing a new library?
original message and every
message that followed it, and so they all contain a reference to the library construction. As a result, it would be difficult to argue that only the 12:00 and 12:05 messages should be disclosed if this is the only copy of the email available.
On the other hand, if an earlier version of the email containing only the oldest two messages is available, a local agency could argue that the thread containing all five messages may be withheld. So long as the earlier version of the two responsive emails is disclosed, the email discussing employee compensation is only a duplicate of the oldest two messages. The subsequent messages are not responsive to the request. The Public Records Act does not require disclosure of all duplicates of a responsive record. Keep in mind, however, two important considerations. First, while one appellate court has ruled that non -responsive information may be redacted from emails exchanged between two agency employees, if challenged in court, a public agency will Public Records Act Page 45
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have to explain in detail the information that was redacted.230 Second, in litigation, a different standard may apply and all versions of the email may have to be disclosed.
One way to avoid the problem is to configure email so previous messages are not quoted in replies sent by staff. Under the example above, if the local agency did not allow quoted messages in replies, the first two messages mentioning the library construction would be disclosed as "stand-alone" emails, but the later messages regarding compensation would not because they would no longer be integrated into the prior emails. Accordingly, a city should balance its concern in avoiding unwanted disclosures against the usefulness of having an entire thread available, and may wish to consider configuring email programs to eliminate quoting emails in replies.
F. Risk of Serial Meetings
Beyond the Public Records Act concerns, the use of email presents a significant opportunity for "serial meetings" prohibited by the Brown Act. A serial meeting is a series of meetings or communications not held at a noticed, public meeting in which ideas are exchanged among a majority of a legislative body directly or through intermediaries to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body."231 Prior to January 1, 2009, the Brown Act specifically forbade the use of technological devices to conduct those communications. In interpreting the prior version of this Brown Act provision, the California Attorney General opined that email is one of these "technological devices."232 The 2009 amendments to the Brown Act provisions regarding serial meetings included the removal of the phrase "technological devices" and other specific types of communications, and the insertion in their place of "a series of communications of any kind, directly or through intermediaries."233 At the time of the 2009 amendments, it was considered unlikely that the legislature, in omitting the phrase "technological devices" and expanding the scope to any kind of communication, intended to exclude email from coverage under the Brown Act. Subsequently, Assembly Bill 992, passed in 2020 and effective January 1, 2021, amended certain provisions of the Brown Act until January 1, 2026 to clarify allowable uses of social media under the Act. As amended by AB 992, the Brown Act regulates social media posts to prevent serial meetings.234 230 American Civil Liberties Union of Northern California v. Superior Court, 202 Cal. App. 4th 55, 82-86 (1 Dist. 2011). 231 Gov't Code § 54952.2(b)(1).
232 84 Ops. Cal. Att'y Gen. 30 (2001).
233 Stat. 2008, c. 63, sec. 3 (S.B. 1732 -- Romero (amending Gov't Code § 54952.2). 234 Stat. 2020, c. 89, sec. 1 (A.B. 992 -- Mullin (amending Gov't Code § 54952.2). For further discussion of use of social media and the Brown Act, please see the 2021 Brown Act Handbook, Part One, Section VII(D) (© 2021 Richards, Watson & Gershon).
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The primary mechanism for creating serial meetings via email is through the use of "reply all." For example, if a public employee sends an email to an entire city council, and then one of those council members replies to the entire list of recipients, then a communication would have taken place between a majority of the city council. If the purpose of the council member's reply was to "discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body," the communication would constitute a serial meeting in violation of the Brown Act.235 Accordingly, public officials must endeavor to use "reply all" sparingly, if at all. A "reply all" congratulating a council member for receiving an award would be permissible; a "reply all" expressing an opinion about an issue within the subject matter jurisdiction of the City council would not.
G. Disclosure Requirements for Documents at Meetings
Although the deliberative process privilege may apply to many emails, note that the privilege is unlikely to apply if an email concerns an issue under consideration by a legislative body and a majority of the body receive the email. The Brown Act states that notwithstanding the "catch-all" exception in the Public Records Act, "or any other law," any writings distributed to a majority of a legislative body in connection with a matter subject to discussion or consideration at an open meeting of the body are disclosable.236 The statute goes on to clarify that it does not overrule the exceptions for drafts, documents related to pending litigation, personnel files, medical files, and a number of other exceptions, but it does expressly overrule the "catch-all" provision on which the deliberative process privilege is based. Note that Section 6254(k), under which the mental process principle is applied, is not overruled by the Brown Act, and still would be applicable.237
Unlike records disclosable under the Public Records Act, which gives public entities ten days to respond to a request and additional time to produce the documents, a public agency must produce documents under this section of the Brown Act "without delay."238 In addition, if the email is created by the public agency or a member of the legislative body, it must be made available for inspection at the meeting.239 Emails not drafted by the public agency or its legislative body must be made available after the meeting.
This is particularly relevant to emails sent to council members on smartphones, iPads and similar devices, given that a council member could potentially send 235 Gov't Code § 54952.2(b)(1).
236 Gov't Code § 54957.5.
237 Gov't Code 54957.5 (a).
238 Id.
239 Gov't Code § 54957.5(c).
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an email to other council members while a meeting is going on. Under this section of the Brown Act, an attentive member of the public could insist that they be provided a copy of that email, at the meeting, if the council member sent it to a majority of the other council members. Accordingly, members of a legislative body should consider carefully the consequences of sending an email via smartphone, iPad or other device at a public meeting prior to doing so.
The informality of emails makes them particularly prone to statements that would not be put into conventional written documents. The only certain means of avoiding unwanted disclosure, of course, is simply not to write the email in the first place.
II. DOCUMENTS CREATED USING WORD PROCESSORS, GIS AND OTHER
SOFTWARE
A. Disclosure Requirements
(1) Public Records Act
Electronic records are subject to disclosure under the Public Records Act pursuant to Section 6253.9 of the Government Code. A public agency that has information constituting a public record in an electronic format must make that information available in electronic form upon request.24o An agency is not required to reconstruct an electronic record if it is no longer available in that format.241 An agency may inform a requester that a requested record is available in electronic format, but the agency is prohibited from adopting a policy of only making information available in electronic format.242 On the other hand, not every piece of data stored on a computer readily fits the definition of "record." Unlike word processing documents, information stored in a database or a spreadsheet, for example, may only be displayed in response to the user entering a formula or query. For such data, there are special statutory provisions. With conventional (printed) documents, the public agency may only charge for the direct cost of duplication, not including staff time to research, retrieve or compile the records.243 For electronic records, however, the agency may charge the full cost of reproducing the document if the record is one that is otherwise produced only at regularly scheduled intervals, or the request would require data compilation, extraction, or 240 Gov't Code § 6253.9(a).
241 Gov't Code § 6253.9(c).
242 Gov't Code § 6253.9(d), (e).
243 Gov't Code § 6253(b); North Cnty. Parents Organization v. Dept. of Education, 23 Cal. App. 4th 144, 147-148 (3 Dist. 1994) (direct costs do not include the ancillary tasks necessarily associated with the retrieval, inspection, and handling of the file from which the copy is extracted).
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programming to produce the record.244 However, in National Lawyers Guild v.
City of Hayward, the California Supreme Court recently held that the phrase "data extraction" in this context does not cover the costs of redacting exempt material from digital police body camera footage.245 The court reasoned that data "extraction" is a technical process of retrieving responsive information to construct a new record, while redacting exempt material from electronic records is similar to other redactions for which costs are not recoverable.246 As such, public agencies may not recover costs for redacting exempt material from otherwise disclosable electronic records.
Many public agencies now possess Geographic Information Systems ("GIS") that allow them to collect, manage and analyze large volumes of geographically referenced information. Whether this electronic information is a public record that is subject to disclosure has been the subject of controversy, mainly because public agencies have charged licensing fees to businesses that wanted a copy.
Public agencies have argued that the monies recovered from those licensing fees are necessary to support the development and maintenance of the GIS.
In 2013, the California Supreme Court disagreed with that argument. In Sierra Club v. Superior Court, the Court held that a GIS-formatted database is a public record that, unless otherwise exempt from disclosure, must be produced upon request and the local agency may only charge the actual cost of duplication.247 The County of Orange had argued that its GIS database was not a public record. The court disagreed that Section 6254.9 excluded a GIS database from the Public Records Act's disclosure requirements, and concluded that, because the County had not claimed any exemption to justify nondisclosure, the County of Orange could only charge the direct cost of duplication for its GIS database.248
Note, however, that the California Supreme Court was careful to distinguish the database from the software - the mapping system itself was exempt from disclosure under another provision in the Public Records Act.249 The statute expressly exempts computer mapping systems, computer programs, and computer graphic systems, and states that nothing in the statute is intended to limit any copyright protections. Accordingly, a requester may not seek to obtain the software that creates the records, only the records themselves.250 244 Gov't Code § 6253.9(b).
245 9 Cal. 5th 488 (2020).
246 Id. at 500.
247 Sierra Club v. Superior Court, 57 Cal. 4th 157, 161 (2013). 248 Id. at 175, 176
249 Gov't Code § 6254.9 ("Computer software developed by a state or local agency is not itself a public record under this chapter.").
250 Sierra Club, 57 Cal. 4th at 170-171; see also Gov't Code § 6254.9(b).
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The Public Records Act not only exempts computer software as discussed above, but also a public agency's information security record, if that record has the potential to reveal vulnerabilities or otherwise increase the possibility of an attack on that public agency's information technology system.251 However, the Public Records Act also requires local agencies (except local educational agencies) to create a catalog of "enterprise systems," that must be publicly available on the local agency's website and updated annually.252 An enterprise system is defined as a "software application or computer system that collects, stores, exchanges and analyzes information" used by the local agency as a system of record, and acts either across multiple agency departments, or collects information about the public.253 While Section 6270.5 requires a city to list these enterprise systems as defined, it does not require a city to disclose the information collected, stored, exchanged and analyzed by the software application or computer system if that information is otherwise exempt under the Public Records Act. Further, a number of enterprise systems may be excluded from a local agency's listed catalog, such as systems related to 911 dispatch or emergency services, information technology security systems (including firewalls and other cybersecurity systems) and infrastructure and mechanical control systems (for example, systems that manage water or sewage functions).254
Note that the Public Records Act does not contain exceptions for public records created on social media.255 If a social media post is "prepared, owned, used, or retained by any state or local agency," and contains information "relating to the conduct of the public's business,"256 it is a public record and is thus subject to disclosure under the Public Records Act, and should also be retained accordingly. This applies to social media posts made by a public entity, including posts by public entity employees and/or officials, and may also apply to posts made by members of the public on social media pages operated by the public entity.
Depending upon the volume of social media posts a public entity produces, it may be difficult to review all posts and comments made on the public entity's social media page to determine whether any given post meets the legal definition of a public record. Additionally, there may be practical issues with retaining social media records. Capturing and archiving images of social media 251 Gov't Code § 6254.19.
252 Gov't Code §§ 6270.5(a) and (f).
253 Gov't Code § 6270.5(c) (also defining "system of record" as "a system that serves as an original source of data within an agency").
254 See pages 138-139 of this Handbook.
255 Social media is subject to regulation under the Brown Act, pursuant to Assembly Bill 992, enacted in 2020 and effective January 1, 2021 through January 1, 2026. See Stat. 2020, c. 89, sec. 1 (A.B. 992 -- Mullin (amending Gov't Code § 54952.2).
256 Gov't Code § 6252.
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posts may not be a sufficient retention method, because the image would not preserve metadata, subsequent comments, and other interactive features.
Archiving these features can be challenging, because social media posts typically are not hosted or archived on storage systems owned by the public entity. Creating independent storage systems for all social media posts may be cost -prohibitive for public entities.
These factors can make it difficult to determine which social media posts need to be retained, and whether a public entity's retention procedures adequately capture an entire social media record. Any concerns about retaining specific social media records should be discussed with the City attorney. (2) Federal Rule 26
In 2006, revisions to Rule 26 of the Federal Rules of Civil Procedure took effect that require parties in federal court to address the production and preservation of electronic records during the discovery phase of litigation. These rule changes did not require a local agency to alter its routine management or storage of electronic information, but does illustrate the importance of having formal written rules for retention of potentially relevant records and data when litigation occurs. It is firmly established that a duty to preserve evidence arises from the moment litigation is "reasonably anticipated."257 Once the duty to issue a legal hold is triggered, the party "must suspend its routine document retention/destruction policy and put in place a `litigation hold' to ensure the preservation of relevant documents."258
Discovery is the process by which parties involved in litigation in either state or federal courts obtain information from other parties. Under Rule 26, parties in a federal lawsuit may obtain discovery regarding any matter that is relevant to a claim or defense, so long as it is not privileged. According to Rule 26(a) what can be discovered includes "documents," "tangible things," and "electronically stored information," which is broadly defined as "any type of information that is stored electronically."
Rule 26 regulates discovery in three major ways:
a. Parties must address electronic discovery issues at the beginning of litigation, including the form in which electronic information will be produced to the other party, the preservation of electronic information, and claims of privilege for electronic information; 259 257 Rockman Company (USA), Inc. v. Nong Shim Company, Ltd., 229 F. Supp. 3d 1109, 1 122 (N.D. Cal. 2017). 258 Zubulake v. UBS Warburg, LLC, 229 F.R.D. 422, 432 (S.D.N.Y. 2004); accord In re Napster Inc. Copyright Litig., 462 F.
Supp. 2d 1060, 1070 (N.D. Cal. 2006).
259 Fed. R. Civ. P. 26(f) (3) (C).
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b. Parties must produce relevant information from electronic sources that are "reasonably accessible," but may not have to produce information from older or backup systems if production would impose an undue burden or cost. The requesting party can, however, overcome a showing of undue burden or cost if they can establish "good cause" for doing so;26o and C. Privileges are retained for documents inadvertently disclosed. Such documents may be recalled by the disclosing party. In such cases, the privilege is not waived.261
The discovery rule does not require a local agency to alter its routine handling of electronically stored information prior to when litigation can reasonably be anticipated. The drafters of the rules recognized that electronic information might be routinely altered, purged or overwritten as part of a system's operation. Under 2006 revisions to Rule 37, the routine purging of outdated electronic information, including the "alteration or overwriting of information... to meet the party's technical and business needs" was permissible, if it was done in accordance with other laws, such as the records retention laws in Government Code Sections 34090-34090.8. Those sections permit a city, for example, to destroy certain city records that are "no longer required" and are more than two years old if authorized by a city council resolution and the written consent of the city attorney. Records that may not be destroyed include: real property title records, court records, records required to be kept by statute, records less than two years old, and the minutes, ordinances, or resolutions of the legislative body, city board, or commissions.
In 2015, the "routine, good faith operation" language was deleted from Rule 37.
The revised rule provides limited sanctions for parties who inadvertently cause electronically stored information to be lost because of their failure to take reasonable steps to preserve the information. However, the Advisory Committee Notes to Rule 37(e) point out that "the routine, good -faith operation of an electronic information system would be a relevant factor for the court to consider in evaluating whether a party failed to take reasonable steps to preserve lost information."
Once litigation can be reasonably anticipated, a local agency has a duty to preserve potentially relevant information for discovery. In some cases, the local agency may have to suspend the routine operation of its information systems in order to preserve information potentially relevant to the litigation. In such cases, it must take "reasonable steps" to prevent the loss of electronically stored information. In evaluating whether a city's preservation attempts were reasonable, courts should take into account the limited staff and resources that 260 Fed. R. Civ. P. 26(b) (2) (B).
261 Fed. R. Civ. P. 26(b) (5) (B).
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governmental parties may have to devote to preservation efforts.262 Note that electronically stored information lost despite a city's reasonable preservation efforts —such as through the failure of a cloud -based storage service, a malignant software attack, or accidental damage to physical hardware —will not give rise to sanctions under Rule 37.
These rules on document preservation highlight the importance of having a written document retention policy. A written policy will show what operations are routine. This will help protect a local agency from sanctions if litigation occurs and allow its attorneys to discuss its routine computer operations with the court and other parties. Such a policy should set specific limits for how long information is retained and specific procedures for the routine destruction of electronic data. The policy should also address the steps that the agency will take to preserve potentially relevant information when litigation is reasonably anticipated. These policies should be in accordance with Government Code Sections 34090-34090.8 and any other applicable laws governing the preservation of city records.
The other discovery rules further illustrate how a written policy will aid a local agency in litigation. When litigation begins in federal court, Rule 26(f) requires the parties' lawyers to confer about "any issues about disclosure, discovery, or preservation of electronically stored information." No part of electronic discovery is more important for determining the scope of the preservation obligation than the pre -scheduling conference meet and confer provided under Rule 26(f). Rule 26(f) explicitly directs the parties to discuss the form in which electronic information will be produced, how it will be preserved, and how to address claims that certain information is privileged.
The pre -scheduling conference meet and confer can be the single most important factor to reduce costs and burdens of discovery. In order for a local agency's counsel to be prepared to discuss these issues, the rules note that it is "important for counsel to become familiar with those systems before the conference." In some cases, counsel may have to identify and interview individuals with special knowledge of the agency's computer systems.
Rule 26(b) requires the parties to identify whether "reasonably accessible" electronic sources can provide all of the relevant, non -privileged, information.
Parties will need to distinguish these "reasonably accessible" sources from those that are not "reasonably accessible" because of undue burden or cost.
Examples of information that might not be reasonably accessible include:
• deleted items,
262 Fed. R. Civ. P. 37(e) Advisory Committee Note.
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• fragmented or damaged data,
• information kept on some back-up tape systems for disaster recovery purposes, and
• legacy data remaining from systems no longer in use.
Under Rule 26(a), the parties must produce all of the relevant, non -privileged information from the "reasonably accessible" sources within 14 days of the initial conference during the "initial disclosure," a requirement unique to federal court where relevant information is disclosed at the outset of the civil discovery period.
Discovery from sources that a party deems not "reasonably accessible" can still occur if the requesting party can show that there is no undue burden or cost or upon a showing of "good cause."
Once discovery begins in federal court a local agency must be prepared to explain how their electronic information systems work, which systems contain information potentially relevant to the litigation, how those systems are accessed, and the costs of accessing archival or older systems. Having a written policy in place will reduce the costs and staff time associated with complying with these discovery rules. It will also aid staff in familiarizing themselves with the operations of the agency's computer data and storage systems as well as any external storage and backup systems, and in explaining these operations to agency counsel and opposing parties. Finally, having a written policy will minimize the likelihood of destroying discoverable materials and thus dramatically reduce the chance that an agency will be hit with discovery sanctions during litigation.
Taken together, these federal discovery rules make it advisable for a local agency to put in writing its procedures for managing electronic information.
In light of these rules and obligations and as a first step to forming or maintaining an already -created written policy on electronically stored information, public agencies should review their operating systems to ensure they understand how electronic information is currently stored and retained. In addition, public agencies should examine their data recovery systems and archival data to determine the type of information contained in these systems, and to understand the costs associated with retrieving such data. Agencies should also regularly review their written policies once implemented to ensure that they remain up to date as new technologies and systems replace old ones.
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(3) The California Civil Discovery Act Contains a Process for Electronic Discovery in State Court
In 2009, the California Legislature adopted federal -style procedural rules to permit the discovery of electronically stored information in state court cases pursuant to Assembly Bill ("AB") 5, following the 2006 amendments to the Federal Rules of Civil Procedure.263 Electronically stored information is broadly defined by AB 5264 as any information that is stored in an electronic medium, and includes emails, documents, spreadsheets and any other information stored in computers and other electronic devices.265 These rules make the creation of the above - mentioned written policy on electronically stored information just as applicable to state court litigation as federal court litigation.
Similar to the Federal Rules, a safe harbor exists for spoliation caused by "routine, good faith operation of an electronic information system."266 The state discovery rules specifically provide that a court shall not impose sanctions on a party for failing to provide electronically stored information that has been lost, damaged, altered or overwritten as the result of the routine, good faith operation of an electronic information system, absent exceptional circumstances.267 Accordingly, public agencies should ensure electronically stored information is retained or deleted only in accordance with the adopted policy. Agencies should thus train employees to make sure the document retention policies are appropriately followed at all times.268
Further, as with federal court litigation, once state court litigation is reasonably anticipated, public agencies have a duty to stop automatic destruction processes and preserve potentially relevant electronically stored information in the format in which it currently exists, notwithstanding the normal document retention policy that might otherwise permit destruction.269 In the event litigation is reasonably anticipated, public agencies should ensure that "litigation holds" are applied to electronically stored information potentially relevant to the litigation, so that it is not deleted, whether intentionally or by automatic computer processes. The retention of information that may be potentially relevant to anticipated litigation should also be a part of the agency's written policy on electronically stored information.
263 Assembly Bill 5, Stat. 2009, Ch. 5 (amending Code of Civ. Proc. §§ 2016.020, 2031.010 through 2031.060, and 2031.210 through 2031.320, and adding Code of Civ. Proc. §§ 1985.8 and 2031.285). 264 See Code of Civ. Proc. §§ 1985.8, 2016.020, and 2031 .010 et seq. 265 Code of Civ. Proc. § 2016.020(e).
266 Code of Civ. Proc. § 2031 .320(d).
267 Code of Civ. Proc. § 2031.060(i)(1).
268 Code of Civ. Proc. § 2031 .060(i) (2).
269 Coca-Cola Bottling Co. v. Superior Court, 233 Cal. App. 3d 1273, 1293 n. 10 (4 Dist. 1991) (party litigant has a duty not to lose or destroy relevant evidence).
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In light of a 2017 California Supreme Court decision outlining the broad scope of discovery, agencies are advised to consult legal counsel in determining the breadth of a litigation hold. Documents and information that the agency believes to be protected under a right to privacy argument should still be preserved, if even potentially relevant to the litigation. In Williams v. Superior Court, the Court stated that "the right to discovery in this state is a broad one, to be construed liberally so that parties may ascertain the strength of their case and at trial the truth may be determined."270 The Court determined that the defendant in Williams was obligated to disclose the personal information of individuals who may have had no bearing on or relation to the claims asserted by the plaintiff. It further stated that the party opposing discovery has the burden of showing that a privacy right exists that outweighs the potential relevance of the information requested. The same burden applies when the party opposing discovery argues undue hardship. In both instances, the burden is a high one. Agencies should therefore be mindful that they may have to produce a broader scope and larger volume of documents and electronically stored information than was required in prior years, and accordingly should, in consultation with counsel, broaden the scope of their document retention policy and litigation holds.
When instituting a legal hold, or responding to discovery requests in litigation, attorneys and clients must work together to understand how and where electronic documents, records (including social media posts), and emails are maintained and to determine how best to locate, review, and retain responsive documents.
B. Metadata
Word processing documents most readily fit
the definition of "record," and they also
present the greatest potential for inadvertent
disclosures. A modern word processing
document is comprised of far more than
simple words on a page. Microsoft Word
documents typically contain information
about the author or editor, the author's
organization, the time the document was
created, modified or accessed, the amount
of time spent editing the document, and
even what earlier versions of the document
looked like. This "metadata," which literally
means data about data, is automatically
270 Williams v. Superior Court, 3 Cal. 5th 531, 538 (2017).
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attached to documents by modern word processors. For instance, some metadata appears in Microsoft Word under the "Home" menu, by selecting "Properties."
Although metadata can be useful information, it can also result in unwanted disclosures. For instance, as the dialog box above shows, Microsoft Word automatically inserts the name and company of the author of the document, and there are numerous other fields that can be filled in. If a local agency does not want this sort of information disclosed as a general rule, the word processor should be configured to not record this information.
More significantly, many word processors have a "tracked changes" function.
When public officials and employees work with multiple drafts of a document, especially when multiple people work on the same document, they frequently make use of a feature that highlights every change made to the document.
That way, when a party to a proposed contract wants to delete a provision or insert a line, it is easy for the other party to see the change. It is simple to turn this feature on and off, but it is also simple to turn the display of tracked changes on and off, while still having the word processor keep track of the changes. As a result, it is not uncommon for documents to be transmitted electronically with changes tracked, without the knowledge of the author. If the author deleted a paragraph, the person reviewing the tracked changes could restore that paragraph. The implications become particularly significant if the author had deleted the text because it was deemed inaccurate or sensitive.
Moreover, recall that drafts are only nondisclosable if it is the public agency's policy to not retain them in the course of business. If a city routinely saves documents with changes tracked, then arguably it has preserved the earlier drafts of the document. This could thwart a city's policy to avoid preserving drafts. Consequently, it should be common practice to remove any tracking from a document upon finalization, or better yet, to not use tracking in the first place.
Similarly, most word processors have an "undo" button, which is useful for correcting typos or to recover inadvertently deleted text. Many word processors can "undo" a string of actions, and can even "undo" actions repeatedly until the document is a blank page. If a city official sends that document to someone making a public records request, the individual could click on "undo" repeatedly to see every step that the author took in drafting the document. This presents the same problems as with "tracked changes" - sensitive or inaccurate information that the author meant to delete could be included in the metadata. Accordingly, in using word processors, public agencies should ensure that they are configured to eliminate the "undo" trail when a document is saved.
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In addition to all of the above strategies, there are several programs available that can remove metadata after a document has been completed, or at the time it is emailed. However, the use of such programs on documents that are subject to a public records request would be of questionable legality. Under the Public Records Act, a request for a public document must include the exact document, and on the face of it, stripping metadata from a document that is requested in electronic form potentially would violate this requirement.271 Depending on your document retention schedule, you may be able to strip metadata from some older documents upon archiving them, but deleting metadata from documents that the city is required to retain may violate document retention requirements.
If the requester does not expressly ask that the document be provided in electronic format, the statute does not prohibit the agency from supplying it in printed form. Accordingly, a local agency may wish to adopt a policy of providing electronic records in printed form unless a requester expressly asks for an electronic version, and providing records in .pdf format when requesters ask for electronic versions. If the requester expressly asks for the original document format, the City attorney should be consulted.
It is unclear how the new federal electronic document discovery rules would apply to metadata. Rule 26 does not specifically address metadata, but the comment to the revision mentions metadata and states that "[w]hether this information should be produced may be among the topics discussed in the Rule 26(f) conference." Consequently, there is the potential for the disclosure of metadata in litigation, which further highlights the importance of establishing standard practices for creating and handling metadata. During litigation, it is often advisable to maintain sources of electronically stored information in native formats with metadata, to preserve the ability to produce the data if necessary.
CITY WEBSITES
With the rapid integration of the internet into American culture, a significant percentage of California cities now provide at least basic information about their government on city -run websites. Posting certain commonly requested information on a web page is a way to reduce the staff time necessary to respond to public records requests. City websites also provide a method to increase public participation in local government, such as more recent requirements for posting of public meeting agendas electronically. However, city website practices may have legal ramifications, and it is advisable for a city to draft and implement a policy on the permitted uses of its website to avoid violating legal restrictions such as those related to mass mailings and use of 271 See Gov't Code § 6253 (b) ("Upon request, an exact copy shall be provided unless impracticable to do so."); Rosenthal v. Hansen, 34 Cal. App. 3d 754 (3 Dist. 1973).
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public funds for "express advocacy," and also to avoid creating a "public forum."
A. Websites and the "Mass Mailing" Prohibitions
The Political Reform Act prohibits the sending of newsletters and other so-called "mass mailings" at public expense.272 A "mass mailing" is defined as the mailing or distribution at public expense of 200 or more items within a calendar month featuring the name, office, photograph or other reference to an elected officer of the agency.273 The underlying intent is to preclude elected officials from using newsletters as indirect campaign flyers for themselves.
In brief, Section 89002 of the Government Code provides a four -prong test to determine the legality of mass mailings. A mass mailing is prohibited if each of the following elements is present:
a. a delivery of a tangible item,
b. that "features" or includes reference to, an elected official, C. distributed at public expense regardless of the cost, or produced at public expense where the cost of production exceeds $50.00, or d. in a quantity of 200 or more per calendar month.274
On the face of it, the regulation would not apply to web pages, because they would not constitute "a delivery of a tangible item."
The FPPC, which interprets the Political Reform Act, has yet to render an official opinion on the applicability of the mass mailing rule to websites. However, numerous advice letters issued by the FPPC have concluded that the prohibitions on publicly funded mass mailings contained in Government Code Sections 89001 and 89002 do not apply to websites or web pages because they do not constitute a tangible item.
In 1998, the FPPC responded to an inquiry as to whether a committee, advocating the passage of a bond measure expected to be placed on the ballot by a school board, may obtain a link from a "school district website to a web page" advocating the passage of the bond measure. The FPPC advised that,
272 Gov't Code § 89001.
273 Gov't Code § 89002(a).
274 Id.
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According to [former] Regulation 18901 (a) (1) [now Section 89002 of the Government Code], a publicly -funded mailing is a prohibited mass mailing if it is delivered as a tangible item to the recipient at his or her residence, place of employment or business, or post office box. Consistent with [former] Regulation 18901, the ban is applicable to tangible items only. Since distribution over the Internet is not a distribution of a tangible item, Internet pages are not prohibited mass mailings under the [Political Reform] Act.275 Even though providing a link to an express advocacy website may not qualify as a "mass mailing," it could violate other laws, as will be discussed below in Section B.
A second advice letter similarly concluded that web pages are not covered under the mass mailing prohibitions of the Political Reform Act. That advice letter was issued by the FPPC in 1999 in response to a request for advice by the County of Lake. The inquiry was whether the County could include on its web page photographs and a short biography for each member serving on its board of supervisors.276 The FPPC letter reiterated that former FPPC Regulation 18901 did not apply to the actions listed above because "web pages are not considered tangible items" and not subject to mass mailing restrictions.277 Since those advice letters were issued, the FPPC has continued to reaffirm its conclusion that distribution of information over the Internet, including websites, is not distribution of tangible items. In 2013, a city attorney requested advice regarding whether the mass mailing provisions prohibit City staff from listing the mayor's bed and breakfast business on the city's website along with other places of lodging in the city. The FPPC advised that the mass mailing provision does not prohibit the listing of the mayor's business on the city's website because providing information over the Internet is not distribution of a tangible item.278 The FPPC also recommended a review of laws pertaining to use of public resources.279 In 2019, the FPPC issued an informal advice letter concluding that the mass mailing prohibition does not apply to "tag" members of the Fountain Valley City Council on the City's Facebook page because the mass mailing provision does not apply to distribution over the Internet, this includes Facebook.280
275 Foote Advice Letter, No. A-98-1 14, 1998 WL 289895 (1998) (citation omitted). 276 Peterson Advice Letter, No. A-99-013, 1999 WL 100857 (1999). 277 Id.
278 Pierik Advice Letter, No. A-13-012 (2013).
279 Id.
280 Burns Informal Assistance, No. 1-19-145, 2019 WL 6458461 (2019). The FPPC cautioned, however, that Facebook "tagging" should also be analyzed to make sure that it did not result in a contribution under the Political Reform Act.
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Given the foregoing, city web pages provide a unique opportunity for elected officials to communicate with their constituents. Council members could each maintain their own page on the website, drawing attention to issues of interest to the community. There are, however, some limitations on what the web pages can contain, as discussed below.
B. Avoiding Express Advocacy
Although websites and web pages are not currently covered under the mass mailing restrictions of FPPC Regulation Section 18901, public agencies must still be mindful of other regulations and laws that might be violated by its decisions to permit links from official websites. For example, the Political Reform Act prohibits the use of public moneys for election campaigns.281 Consequently, a city's web page must not indicate support or approval of, or advocate for, a candidate for elective office or a ballot measure.
The leading California case setting forth the basic rule with respect to government involvement in political campaigns is Stanson v. Mott.282 In Stanson, the California Supreme Court addressed the question of whether the State Director of Beaches and Parks was authorized to expend public funds in support of certain state bond measures for the enhancement of state and local recreational facilities. The court concluded that the Director of Beaches and Parks lacked such authority and set forth the basic rule that "in the absence of clear and explicit legislative authorization, a public agency may not expend public funds to promote a partisan position in an election campaign."283 Only impartial "informational" communications would be permissible, such as a fair presentation of the facts in response to a citizen's request for information.284 The Stanson Court also recognized that the line between improper "campaign" expenditures and proper "informational" activities is not always clear. "[Tlhe determination of the propriety or impropriety of the expenditure depends upon a careful consideration of such factors as the style, tenor and timing of the publication; no hard and fast rule governs every case."285 The California legislature also codified the holding of Stanson in Government Code Section 54964.286
281 Gov't Code § 85300. See also Howard Jarvis Taxpayer Assn. v. Newsom, 39 Cal. App. 5th 158, 161-162 (3 Dist. 2019) (invalidating limited exception to this prohibition).
282 Stanson v. Mott, 17 Cal. 3d 206 (1976).
283 Id. at 209-10.
284 Id. at 221.
285 Id. at 222 (citations omitted).
286 Government Code Section 54964 prohibits the expenditure of public funds "to support or oppose the approval or rejection of a ballot measure, or the election or defeat of a candidate, by the voters." The statute does not prohibit expenditures to provide information to the public about the possible effects of a ballot measure on the activities, operations, or policies of the local agency, if the informational activities are not otherwise prohibited by the Constitution Public Records Act Page 61
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The Stanson test was reaffirmed by the California Supreme Court in Vargas v.
City of Salinas.287 Prior to Vargas, courts attempting to interpret and apply Stanson used varying tests to determine the permissibility of expenditures. For example, in California Common Cause v. Duffy, an appellate court held that a local sheriff's use of public facilities and personnel to distribute postcards critical of then -Supreme Court Justice Rose Bird was "political" and not "informational" as permitted by Stanson because the cards presented only one side of Justice Bird's fitness to be retained in office.288 In another appellate decision, Schroeder v. City Council of Irvine, Irvine's "Vote 2000" Program was upheld.289 The program encouraged voter registration, without specifically advocating a particular position on any measure. Although the city had taken a public position in favor of the proposed ballot measure, the materials it distributed did not advocate any particular vote on the measure and rarely mentioned the measure at all. The Schroeder court held that the funds spent on the Vote 2000 program would be political expenditures and unlawful under Stanson only if the communications expressly advocated, or taken as a whole unambiguously urged, the passage or defeat of the measure.290 Because the city presented a neutral position on "Measure F," at least in the campaign materials, the court upheld the program as valid.
However, in Vargas v. City of Salinas, the California Supreme Court decided that "express advocacy" is an insufficient standard. In Vargas, proponents of a local ballot initiative to repeal the city's utility users tax ("Measure O") sued the city alleging improper government expenditures. The court held that even if a communication does not expressly advocate for either side of an issue, a Stanson analysis must nonetheless be conducted to determine whether the activity was for informational or campaigning purposes based on its style, tenor, and timing.291 Although the court did not specifically refer to the Schroeder analysis in its opinion, the court clearly stated that the "express advocacy" standard does not meaningfully address potential constitutional problems arising from the use of public funds for campaign activities that were identified in Stanson. Thus, local governments must look to Vargas rather than Schroeder for the proper standard to evaluate whether an expenditure is permissible.
A variety of factors led to the Vargas court's conclusion that the communications were informational, including the fact that the publications avoided argumentative or inflammatory rhetoric and did not urge citizens to or state law and the information provided constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in reaching an informed judgment regarding the ballot measure. 287 Vargas v. City of Salinas, 46 Cal. 4th 1 (2009).
288 California Common Cause v. Duffy, 200 Cal. App. 3d 730, 746-747 (4 Dist. 1987). 289 Schroeder v. City Council of Irvine, 97 Cal. App. 4th 174, 187-188 (4 Dist. 2002). 290 Id.
291 Vargas, 46 Cal. 4th at 8.
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vote in a particular manner. The challenged expenditures were made pursuant to general appropriations in the city's regular annual budget pertaining to the maintenance of the city's website, the publication of the city's regular quarterly newsletter, and the ordinary provision of information to the public regarding the city's operations. The Supreme Court found that the city engaged in informational rather than campaign activity when it posted on the city's website the minutes of city council meetings relating to the council's action along with reports prepared by various municipal departments and presented by officials at city council meetings.292 Similarly, the city did not engage in campaign activity by producing a one -page document listing the program reductions that the city council voted to implement should Measure O be approved, or in making copies of the document available to the public at the city clerk's office and public libraries.293 The court reasoned that viewed from the perspective of an objective observer, the document clearly constituted an informational statement that merely advised the public of specific plans that the city council voted to implement should Measure O be approved.
Finally, the court found that the city engaged in permissible informational activity by mailing to city residents the fall 2002 "City Round -Up" newsletter containing articles describing proposed reductions in city services. Although under some circumstances the mailing of material relating to a ballot measure to a large number of voters shortly before an upcoming election would constitute campaign activity, a number of factors supported the court's conclusion that the mailing of the newsletter constituted informational rather than campaign activity: it was a regular edition of the newsletter that was mailed to all city residents as a general practice, the style and tenor of the publication was entirely consistent with an ordinary municipal newsletter and readily distinguishable from traditional campaign material, and the article provided residents with important information about the tax in an objective and nonpartisan manner.294
The Supreme Court illustrated the insufficiency of the "express advocacy" standard by suggesting that if the City of Salinas were to post billboards throughout the City prior to an election stating, "'IF MEASURE O IS APPROVED,
SIX RECREATION CENTERS, THE MUNICIPAL POOL, AND TWO LIBRARIES WILL CLOSE,' it would defy common sense to suggest that the City had not engaged 292 Id. at 37.
293 Id. at 37-38 (stating, "not only [did] the document in question not advocate or recommend how the electorate should vote on the ballot measure, but its style and tenor [was] not at all comparable to traditional campaign material").
The fact that the City only made the document available at the City clerk's office and in public libraries to people who sought it out reinforced the document's informational nature. 294 Id. at 38.
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in campaign activity even though such advertisements would not have violated the express advocacy standard."295
Vargas and Stanson reflect that local agencies must exercise caution when communicating to voters about local measures. The same prohibitions on the use of public moneys to support or oppose a ballot measure or a candidate for political office would likely also apply to public agency websites. This is because the time and expense of maintaining a website and adding links to other websites may result in a form of "in kind" contribution from the public agency to the particular candidate or campaign committee. "Professional services, including the creation and maintenance of a website for a candidate, could conceivably result in a contribution from the county to the candidate."296 Public officials must ensure that there is no inclusion of information or links on their websites that contain words of express advocacy or that unambiguously promote or suggest a particular position in a campaign. Public officials must also avoid any actions which, based on their "style, tenor and timing", may lead to a determination that a city website contains impermissible advocacy.
Unfortunately, there is no hard and fast rule to assist public officials in distinguishing improper partisan campaign expenditures from permissible expenditures for "informational activities." Whether a communication is permissible will be based on a combination of these factors, and public officials should therefore seek the advice of the city attorney on a case -by -case basis.
Assistance may also be obtained from the FPPC.
Note also that public officials could potentially face personal liability if a court concluded that they used public funds for a partisan campaign. The Stanson opinion concluded that public officials "may properly be held to a higher standard than simply the avoidance of 'fraud, corruption or actual malice' in their handling of public funds."297 Instead, public officials must exercise "`due care,' i.e., reasonable diligence, in authorizing the expenditure of public funds, and may be subject to personal liability for improper expenditures made in the absence of such due care."298 If public officials published a web page that conveyed a partisan slant, a court could conclude that the officials failed to exercise this due care.
C. Public Forum
In addition to the mass mailing and express advocacy considerations, the existence of city websites also raises the issue of whether a website constitutes a 295 Id. at 32.
296 Peterson Advice Letter, No. A-99-013, 1999 WL 100857 (1999). 297 Stanson, 17 Cal. 3d at 226.
298 Id. at 226-27.
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"public forum" in which any member of the public would have a right to post information or links, or engage in debate or discourse. The decisions of public agencies on what sort of content to include on web pages, whether to allow external links to be posted, and what type of links to permit, have the potential to infringe upon rights guaranteed by the First Amendment of the United States Constitution, the California Constitution's "Liberty of Speech Clause," and other legal principles.
In relevant part, the First Amendment provides that, "Congress shall make no law ... abridging the freedom of speech."299 Similarly, the "Liberty of Speech Clause" provides that, "A law may not restrain or abridge liberty of speech or press."300
The United States Supreme Court uses the "public forum" doctrine to evaluate the constitutionality of government regulation of private speech on public property. This doctrine classifies public property according to three categories of public forum status: (i) traditional public forums - areas traditionally used for expressive activity such as streets, sidewalks and parks; (ii) designated public forums - areas dedicated by the government for expressive activity, either generally or for limited purposes; and (iii) nonpublic forums. "Public forum" status directly impacts the degree to which a public agency may regulate private expression on public property. For example, if a public agency's website were deemed a "nonpublic forum," then the agency would have considerable discretion in determining which applications for website links to accept. By contrast, if a public agency's website was deemed a "traditional public forum" or a "designated public forum," then the agency's discretion would be substantially diminished.
Two cases addressing whether city websites constitute public forums are discussed below.
(1) Putnam Pit, Inc. v. City of Cookeville
The case of Putnam Pit, Inc. v. City of Cookeville provides an example of how the First Amendment may limit a public agency's authority to control external links on its website. Putnam Pit is a federal case discussing the validity of a website link policy under the First Amendment.301 This case involved a free speech claim by a small, free website newspaper publisher, against the City of Cookeville, Tennessee.
299 U.S. CONST. amend I.
300 CAL. CONST. art. 1, § 2(a).
301 Putnam Pit, Inc. v. City of Cookeville, 221 F.3d 834 (6th Cir. 2000).
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The case arose from Cookeville's refusal to establish a link from its website to the website of the publisher's on-line newspaper, the "Putnam Pit." The "Putnam Pit" website focused on commentary critical of the City of Cookeville and its officials and staff. At the time that the publisher initially requested and was denied the link, "several for -profit and non-profit entities were linked to the ... [Cookeville] Web site, including a local technical college, two Internet service providers, a law firm, a local computer club, a truck product manufacturer and distributor, and a site with information about Cookeville."302 However, prior to the publisher's request, Cookeville "had no stated policy" on who could be linked to the city's website.303 Upon learning of the publisher's request, the city manager decided to permit links only "from the Cookeville Website to other sites, which would promote the economic welfare, tourism, and industry of the city."304 Pursuant to this policy, the city manager subsequently denied the publisher's request for a link from the Cookeville website to the "Putnam Pit" website and then removed several links to other websites from the Cookeville website.305
The Sixth Circuit Court of Appeals ruled that based on the facts presented, the city's website was a nonpublic forum under the First Amendment, and that the city could impose reasonable restrictions but could not engage in viewpoint discrimination.306 The court also ruled the publisher was entitled to a trial regarding whether Cookeville discriminated against him based upon viewpoint when the city manager denied him a link on the website. Facts that could potentially constitute viewpoint discrimination included statements by the city manager that he thought the "Putnam Pit" consisted only of the publisher's "opinions," "which he didn't care for" and actions by the city manager who indicated to the publisher that he would not be permitted a link even if the "Putnam Pit" were a non-profit entity.307
(2) Vargas v. City of Salinas
In Vargas v. City of Salinas, the California Supreme Court also considered whether a city website constituted a public forum.308 In Vargas, city residents placed an initiative on the ballot to repeal the city's long-standing utility users tax. The city staff prepared a series of reports addressing the impact the loss of 302 Id. at 841.
303 Id
304 Id
305 Id
306 Id. at 843-845.
307 The court further concluded that, "[t]he city's actions, some of which appear to be tied to the city's interests, and others which appear less clearly relevant to the purpose of the city's Web site, lead us to REVERSE the district court's grant of summary judgment because [the publisher] has raised a material issue of fact regarding whether the city discriminated against him and his Web site based upon viewpoint." Putnam Pit, Inc., 221 F.3d at 846. 308 Vargas, 46 Cal. 4th at 37, n.18.
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the tax would have on the city's budget, including the reduction and elimination of services and programs, and posted those reports on the city's web page. The initiative supporters contended that they had a right to provide their own information on the web page, which the city rejected.
The Supreme Court concluded that the city's web page was not a public forum because the city had not opened its website to permit others to post material of their choice.309
D. Public Forum Analysis
The Putnam Pit and Vargas courts applied the public forum analysis of the First Amendment to the city's action with respect to the website, treating the website as analogous to physical public property. As previously mentioned, the United States Supreme Court has established that, for such analyses, the extent of permissible government restrictions on expressive activity are governed by whether the activity occurs in (i) a traditional public forum; (ii) a designated public forum; or (iii) a nonpublic forum.310
(1) Traditional public forum
Traditional public forums are "places which by long tradition or by government fiat have been devoted to assembly and debate." Typically such places have included public streets, sidewalks and parks.311 Government regulations that restrict the "content" of expressive activity in such forums "must withstand strict scrutiny."312 This means that if the government wishes to restrict expressive activity based on content, such restrictions must serve a "compelling state interest" and must be "narrowly tailored" to serve that interest. However, if the government imposes content -neutral restrictions on the "time, place and manner" of expressive activity in public forums, then such restrictions must serve a "significant public interest," must be "narrowly tailored" to that interest and must leave open "alternative avenues of communication."313 (2) Designated public forum
The Supreme Court has held that "[i]n a designated public forum, the government `intentionally opens a nontraditional public forum for public discourse.'" 314 An example of a designated public forum is the public comment session at a city council meeting. In a designated public forum, the government 309 Id
310 Perry Ed. Ass'n v. Perry Local Ed. Ass'n, 460 U.S. 37, 45-46 (1983). 311 Putnam Pit, Inc., 221 F.3d at 842 (citing Perry, 460 U.S. at 45). 312 Id. at 843.
313 Id. (citing Perry, 460 U.S. at 45).
314 Id. (citing Cornelius v. NAACP Legal Defense & Educ. Fund, Inc., 473 U.S. 788, 802 (1985)).
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may restrict the content of the expressive activity to that which is within the scope of the public forum. For example, in the case of a city council meeting, the government may restrict speech to only permit discussion of city business.315 Once the government opens a nontraditional public forum to a class of persons, the restrictions applicable to those to whom the forum is opened must also withstand strict scrutiny. Thus, as in the case of public forums, regulations governing designated speakers in designated public forums must serve a "compelling state interest" and must be "narrowly tailored" to serve that interest.316 Accordingly, it is important for a city to avoid creating a designated public forum on its website so as not to establish rights where none previously existed, or at least to have a clear policy on who may post on the city's website. (3) Nonpublic forum
Nonpublic forums are those places that are not typically used for public debate or the free exchange of ideas. Accordingly, "the First Amendment does not forbid a viewpoint -neutral exclusion of speakers who would disrupt a nonpublic forum and hinder its effectiveness for its intended purpose."317 Examples of nonpublic forums include highway rest areas and advertising on a municipal bus.318 In a nonpublic forum government may prohibit speech or expressive activity, so long as such restrictions are reasonable in light of the government's interest and do not attempt to suppress the speaker's activity based on disagreement with the speaker's views.319
(4) Public entity websites as nonpublic forums
The Sixth Circuit Court of Appeals in Putnam Pit concluded that the City of Cookeville's website was a "nonpublic" forum under the First Amendment because the website was not open to the public, and before and after the city adopted a website link policy, links had been established on an individualized basis.320 This determination is significant because a government entity, as previously discussed, has more discretion to regulate public expression in a nonpublic forum than it does in a "traditional public forum" (such as a park) or in a "designated public forum" (a place expressly opened for free speech by the public). The court also emphasized that the city had legitimate interests "in 315 See White v. City of Norwalk, 900 F. 2d 1421, 1425 (9th Cir. 1990) (concluding that city councils have authority to limit speech through the imposition of agendas and rules of order and decorum). 316 Perry, 460 U.S. at 46.
317 Putnam Pit, 221 F. 3d at 845 (quoting Cornelius, 473 U.S. at 811). 318 Jacobson v. Bonine, 123 F. 3d 1272, 1274 (9th Cir. 1997); Children of the Rosary v. City of Phoenix, 154 F. 3d 972, 978 (9th Cir. 1998).
319 Perry, 460 U.S. at 46.
320 Putnam Pit, Inc., 221 F.3d at 844.
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keeping links that are consistent with the purpose of the site —providing information about city services, attractions and officials."32, Despite the fact that the court in Putnam Pit determined that the city's website was a nonpublic forum, giving the city broad discretion to limit access to its website links, the court stated that the city could not deny links "solely based on the controversial views" the publisher espouses.322 The court concluded that the city's "requirement that websites eligible to be linked to the city's site promote the city's tourism, industry and economic welfare gives broad discretion to city officials, raising the possibility of discriminatory application of the policy based on viewpoint."323 Accordingly, the court remanded the case to the district court for further proceedings on the issue of whether the city improperly exercised its authority to restrict access to links on its website in a discriminatory manner in violation of the publisher's First Amendment rights.
The Vargas court also concluded that the city's website was a nonpublic forum, and the city could exclude the initiative proponents from posting information on the site.324 In contrast to Putnam Pit, in Vargas the city did not permit access to the web page by either proponents or opponents of the ballot initiative.325 Limiting use of a city website only to city -related activities may result in a court finding that the public forum analysis is not appropriate under the facts, and that the issue should be evaluated instead under the doctrine of governmental speech.326 The U.S. Supreme Court has ruled that the Free Speech clause does not apply to government speech, because the Free Speech Clause restricts government regulation of private speech and does not regulate government speech.327 Under the government speech doctrine, the government has the right to speak for itself and a government entity may exercise this same freedom to express its views when it receives assistance from private sources for the purpose of delivering a government -controlled message.328 In Sutliffe v. Epping School District, an advocacy group challenged the Town of Epping after the town refused to include the group's hyperlink on the town's website.329 The group wanted to present opinions countering the town's budget proposals regarding town and school activities. The group contended its hyperlink should have been allowed because the town had included a 321 Id. at 845.
322 Id.
323 Id. at 845-46 (citations omitted).
324 Vargas, 46 Cal. 4th at 37 n.18.
325 See Id.
326 Pleasant Grove City v. Summum, 555 U.S. 460, 467 (2009). 327 Id.
328 Id. at 468.
329 Sutliffe v. Epping School District, 584 F.3d 314, 333 (1 st Cir. 2009).
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hyperlink to a one -day event put on by "SUE", which was part of a state university -sponsored program and was to be held among town residents to foster community spirit, civic discourse, and the organization of community - defined projects and action groups. By unwritten practice, the town had previously allowed only hyperlinks that would promote providing information about the town, and did not permit links that were political or advocated for certain candidates. A written policy established after the group's request limited hyperlinks to those for governmental agencies or events and programs coordinated or sponsored by the town.
The federal appeals court ruled in Sufliffe that a government entity has the right to express itself on means of communication that the government owned. The town engaged in government speech because the town created the website and selected which hyperlinks to place on its website to convey information about the town to its citizens and the outside world and, by choosing only certain hyperlinks to place on that website, communicated an important message about itself.33o Hyperlinks were added only with approval by the Board of Selectmen. The court also rejected the group's claim that the town engaged in viewpoint discrimination, because the SUE event was a town -sponsored and financially -supported event, and nonpartisan.331 The court also concluded that a public forum analysis did not apply under the facts, because the town's website is not a traditional public forum, and the website was not a designated public forum because there was no evidence that the town intentionally opened a nontraditional public forum for public discourse.332 Accordingly, in drafting and administering website link policies, a public agency should be mindful that "nonpublic forum status does not mean that the government can restrict speech in whatever way it likes."333 A public agency may not deny requests to post information and links simply because they do not agree with a requesting party's views or the views espoused on the requesting party's website, but an across-the-board policy that does not discriminate on the basis of viewpoint should withstand judicial scrutiny. Reserving the website only for the public agency's activities and purposes may also help the public agency demonstrate that it is engaging in government speech, and has not created a public forum.
E. Chat Rooms, Forums, and Social Media
Note that the conclusion would have likely been different in Vargas if the website had contained a chat room, or other technology promoting open 330 Id. at 331.
331 Id. at 331-332.
332 Id. at 333-334.
333 Putnam Pit Inc., 221 F.3d at 846 (citations omitted).
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public discussion. The term "chat room" generally refers to an area of a website that allows for a real-time interactive discussion between whoever wishes to participate, with every participant seeing what every other participant types in.
Chat rooms allow visitors to access web pages to state their views on a topic of discussion, and in unmoderated chat rooms, to say anything about any subject.
Many popular social media services, including Facebook, Twitter, and Instagram, include a system of public comment threads that similarly promote public discussion.
In Vargas, the California Supreme Court did not address chat rooms or social media services. However, in the prior appellate court decision, which was superseded on other grounds by the California Supreme Court, the appellate court had little trouble concluding that a chat room on a city web page would constitute a public forum:
As noted above, "electronic communication media may constitute public forums. Websites that are accessible free of charge to any member of the public where members of the public may read the views and information posted, and post their own opinions, meet the definition of a public forum ...."334
Ampex Corp. v. Cargle and ComputerXpress, Inc. v. Jackson, were "anti-SLAPP" motions brought by defendants in defamation and libel actions, which are motions to strike a "Strategic Lawsuit Against Public Participation." In order to have a viable anti-SLAPP motion, the statements at issue must be made in a public forum, and both opinions concluded that chat rooms on the websites were public forums.
The federal courts increasingly hold that chat rooms and other forms of social media may constitute public forums. In 2017, the U.S. Supreme Court described cyberspace, and social media, as follows: "While in the past there may have been difficulty in identifying the most important places (in a spatial sense) for the exchange of views, today the answer is clear. It is cyberspace —the `vast democratic forums of the Internet' in general [citation omitted], and social media in particular."335
In a 2019 decision, Davison v. Randall, the Fourth Circuit Court of Appeals ruled that a Facebook page set up by the chair of the county board of supervisors was a public forum and that the chair violated a resident's First Amendment 334 Vargas v. City of Salinas, 37 Cal. Rptr. 3d 506, 527 (2005) (citing Ampex Corp. v. Cargle, 128 Cal. App. 4th 1569, 1576 (1 Dist. 2005); ComputerXpress, Inc. v. Jackson, 93 Cal. App. 4th 993, 1006-07 (4 Dist. 2001)). 335 See Packingham v. North Carolina, 137 S. Ct. 1730, 1735-36 (2017) (Supreme Court ruled that a North Carolina statute prohibiting sex offenders from accessing social networking websites violated the First Amendment because even assuming that the statute was content neutral, the statute could not survive intermediate scrutiny because it was not narrowly tailored to serve a significant governmental interest).
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rights by banning a resident from the comment section of the Facebook page for 12 hours due to the resident's past criticism of public school officials.336 As reflected in the circuit court's recitation of the facts, the day before Phyllis Randall was sworn in as chair of the county board of supervisors, she set up a Facebook page entitled the "Chair Phyllis J. Randall" Facebook Page (the "Chair's Facebook Page"), which she designated as a "governmental official" page.337 She expressly invited "ANY Loudoun citizen" to make posts to the comments section on the interactive component of the Chair's Facebook Page, with respect to "ANY issues, request, criticism, complement or just your thoughts."338 The public made numerous posts on matters of public concern.339 The Fourth Circuit concluded that Randall placed no restrictions on the public's access to the Chair's Facebook page or the public's use of the interactive component of the Chair's Facebook Page.34o The court ruled that the Chair's Facebook page was a public forum because she opened the page to unlimited public discourse, and that the Facebook page was compatible with expressive activity.341 The court emphasized that "An `exchange of views' is precisely what Randall sought —and what in fact transpired...."342
A similar conclusion would likely result when evaluating a "forum" or "message board" on a city web page, which are similar to chat rooms but do not occur in real-time; instead, people post messages one at a time that are typically grouped by topic and preserved on the web page in chronological order, for anyone to read. As their names suggests, a "forum" or "message board" on a city web page would potentially constitute a "public forum." 336 Davison v. Randall, 912 F. 3d 666, 687 (4th Cir. 2019). See also Knight First Amendment Institute v. Trump, 928 F. 3d 226, 237-238 (2nd. Cir. 2019) (President Trump unconstitutionally excluded individuals from a public forum by blocking individual users who criticized him or his policies from his Twitter account, thus preventing them from "viewing, retweeting, replying to, and liking his tweets"). A petition for certiorari was filed with the U.S. Supreme Court in the Knight First Amendment Institute case on August 20, 2020 and is presently pending. 337 Davison, 912 F. 3d at 673.
338 Id., at 673, 682.
339 Id. at 681.
340 Id., at 682.
341 Id.
342 Id. See also Knight First Amendment Institute, 928 F. 3d at 237 (President Trump's Twitter account constituted a public forum, because "the Account was intentionally opened for public discussion when the President, upon assuming office, repeatedly used the Account as an official vehicle for governance and made its interactive features accessible to the public without limitations"); One Wisconsin Now v. Kremer, 354 F. Supp. 3d 940 (W.D. Wis. 2019) (district court ruled that the interactive portions of several state legislators' Twitter accounts constituted "designated public forums" under the First Amendment because the legislators created and operated their Twitter accounts in order to communicate with members of the public about news and information related to their roles as public officials and did not limit access to their accounts by the general public; and the legislators violated the First Amendment by blocking a nonprofit liberal advocacy group from the interactive portion of the legislators' Twitter accounts).
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F. Accessibility Requirements
One other concern in designing a local agency's website is whether it is accessible to individuals with disabilities. Under the Americans with Disabilities Act (the "ADA"), local governments must ensure that they provide qualified individuals with disabilities equal access to their programs and services, including by making reasonable modifications to rules, policies, or practices; removing architectural, communication, or transportation barriers; or providing auxiliary aids or services, unless doing so would fundamentally alter the nature of their programs or services or would impose an undue burden.343 Local governments must take appropriate steps to ensure that their communications with applicants, participants, members of the public, and companions are as effective as communications with others, and furnish appropriate auxiliary aids and services where necessary to afford individuals with disabilities an equal opportunity to participate in and enjoy the benefits of a government service, program or activity.344
Based on these requirements, the U.S. Department of Justice takes the position that state and local government websites must be designed to be accessible to individuals with disabilities, and will pursue enforcement actions, settlements and consent decrees to ensure that governmental websites are accessible.345 In designing and maintaining an agency's web page to ensure compliance with First Amendment and Brown Act requirements, an agency should make sure it is designed for accessibility as well, in order to minimize the potential for litigation and adverse decisions.
In 2010, the U.S. Department of Justice issued advance notices of proposed rulemaking to consider revising the regulations of Title II of the ADA to establish federal technical requirements to make accessible the services, programs, or activities offered by state and local governments to the public, including by websites,346 but in late 2017 withdrew those rulemaking actions.347 Those proposed standards are often used by state and local governments as a guide for best practices in considering accessibility issues. In addition, even without specific technical standards applicable to local governments, there are a 343 42 U.S.C. § 12131 et seq.
344 28 C.F.R. 35.160(a) and (b) (1).
345 See U.S. Dep't of Justice, Accessibility of State and Local Government Websites to People with Disabilities (available at http://www.ada.gov/websites2.htm or https://www.ada.gov/websites2 prnt.pdf; U.S. Dep't of Justice, ADA Best Practices Tool Kit for State and Local Governments, Chapter 5, "Website Accessibility Under Title II of the ADA" (available at https://www.ada.gov/pcatoolkit/chap5toolkit.htm or https://www.ada.gov/pcatooIkit/ch3 toolkit.pdf). See Barden v. City of Sacramento, 292 F. 3d 1073, 1076-1077 (9th Cir. 2002) (holding that the ADA must be construed broadly to apply to normal functions of a municipal entity in order to effectively implement the ADA's fundamental purpose of providing a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities).
346 See 75 Fed. Reg. 43460 (July 26, 2010), 2010 WL 2888003(F.R.); and 81 Fed. Reg. 28658 (May 9, 2016), 2016 WL 2609932 (F. R.) .
347 82 Fed. Reg. 60932 (December 26, 2017), 2017 WL 6555806(F.R.).
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number of regulations and guidelines that may be used to design accessible public websites. Other federal laws may impose accessibility requirements on local government websites, depending on the circumstances. For example, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability by federal agencies and recipients of federal assistance, and consequently recipients of federal funds may need to meet federal accessibility requirements.348 Section 508 of the Workforce Rehabilitation Act of 1973, as amended, also requires programs and activities funded by federal agencies to be accessible to people with disabilities, including federal employees and members of the public, and covers ICT developed, procured, maintained, or used by federal agencies.349 The Telecommunications Act of 1996 requires in part that telecommunications products and services be accessible to people with disabilities.350 Potential sources of website design standards include:
• The Federal Information and Communications Technology (ICT) Final Standards and Guidelines, set forth at 36 C.F.R. parts 1 193 and 1 194;351 and
• The World Wide Web Consortium (W3C) Web Content Accessibility Guidelines.352
While these sources do not expressly apply to city websites, they provide various methods of ensuring that a web page is accessible, including providing text equivalents for graphics, ensuring that information conveyed with color is also available without color, and using high contrast color choices. Many state and local agencies have incorporated the federal requirements into the design of their information technology systems, including their websites.353 Providing accommodations for persons with disabilities to use public websites is not particularly onerous; in fact, the Department of Justice has stated that "implementing accessibility features is not difficult and will seldom change the layout or appearance of web pages."354
348 29 U.S.C. § 794.
349 29 U.S.C. § 794d.
350 47 U.S.C. §§ 153 and 255.
351 82 Fed. Reg. 5790-01 (1/18/17), 2017 WL 168818, as amended 83 Fed. Reg. 2912 (1/22/18), 2018 WL 488398. These federal regulations were enacted pursuant to Section 508 of the Workforce Rehabilitation Act of 1973, as amended (29 U.S.C. § 794d), and the Telecommunications Act of 1996 (47 U.S.C. §§ 153 and 255). 352 Available at http://www.w3.org/ . The revised Section 508 standards contained in the federal regulations are based on WCAG 2.0 developed by the World Wide Web Consortium (W3C). 353 In California, state websites must meet both the web accessibility standards in California Government Code §§ 7405 and 11135, which adopted the Section 508 standards and the Priority 1 and 2 level checkpoints of the Web Content Accessibility Guidelines 2.0 (WCAG 2.0 "AA" Conformance Level) developed by the World Wide Web Consortium (W3C). 354 U.S. Dep't of Justice, Accessibility of State and Local Government Websites to People with Disabilities, http://www.ada.gov/websites2.htm .
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IV. CONCLUSIONS
The law related to electronic documents continues to evolve as computer technology advances and public officials respond and adapt to those advances. The advent of email, text messages, and other forms of social media has expanded the opportunities for collaboration greatly, but has simultaneously expanded the potential for inadvertent Brown Act violations, as well as unwanted disclosure of preliminary or sensitive information when emails and text messages must be disclosed in response to a Public Records Act request. When using email, public officials should refrain from using "reply all" to avoid serial meetings, and should be aware of the disclosure requirements of the Brown Act for documents related to items discussed at a public meeting. Public officials should also be sensitive to the risk that the Public Records Act may require disclosure of emails or text messages in which they discuss public business, and not treat them as casual conversation. While the deliberative process privilege may apply to protect some such emails or text messages, the doctrine has been applied sparingly by California courts. A clear policy regarding the deletion of emails and text messages will also help to reduce unwanted exposure, although an agency must be able to suspend its usual deletion procedures to preserve electronic records potentially relevant to state or federal litigation.
Although federal and state laws continue to develop, electronic documents and information other than emails (for example, posts on social media websites, such as Facebook355 or Twitter,356 that are deemed to be a public forum or otherwise relate to an agency's public business) may be subject to disclosure under the California Public Records Act, California discovery rules, and Federal Rules of Civil Procedure 26(a). An agency must make electronic records available in an electronic format if requested in response to a Public Records Act request. An agency may also have to disclose electronic records in litigation and even metadata may be discoverable. Thus, it is important to avoid the automatic creation of metadata, to the extent possible. Public officials should also consult with their information technology departments to ensure that metadata is not inadvertently inserted into electronic records when they are created.
355 See discussion in Part III(G), above, regarding Davison v. Randall, 912 F. 3d 666 (county official's Facebook page deemed a public form). See also German v. Eudaly, 2018 WL 3212020 (D. Ore. 2018) [on facts presented, judge ruled that a city commissioner did not violate a public activist's right to petition the government when the commissioner blocked the activist from seeing the commissioner's nonofficial Facebook page and denied a public records request to see the Facebook page, but granted the activist leave to amend her complaint to show that the commissioner acted in her official capacity when using her nonofficial Facebook page]. 356 See discussion in Part III(G), fn. 310, above, regarding Knight First Amendment Institute v. Trump, 928 F. 3d 226 (President Trump's Twitter account constituted a public forum, because "the Account was intentionally opened for public discussion when the President, upon assuming office, repeatedly used the Account as an official vehicle for governance and made its interactive features accessible to the public without limitations") and One Wisconsin Now v.
Kremer, 354 F. Supp. 3d 940 (interactive portions of state legislators' Twitter accounts constituted a designated public forum under the First Amendment).
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With respect to websites, caution must be taken to ensure a public agency's website does not indicate support or approval of, or promote or advocate for, a candidate for elective office. Likewise, a public agency website cannot be used to advocate for or against an initiative election. In addition to avoiding express advocacy that unambiguously suggests a particular position in a campaign, public officials must also avoid any actions which, based on their "style, tenor and timing," may lead to a determination that a public agency website contains impermissible advocacy.
The content of a website link policy, and the manner in which such a policy is implemented, are critical in a public agency's ability to regulate the information and links that will be permitted on its website. It is important that a public agency does not arbitrarily discriminate in denying requests for website links.
The establishment and adherence to a specific written policy regarding website links would likely assist a public agency in avoiding the litigation challenges faced by the City of Cookeville in the Putnam Pit case, and should assist generally in avoiding violations of the First Amendment. A uniform policy, such as that upheld in the Vargas opinion, may serve as a viable defense to such challenges.
We have several recommendations for drafting website policies. First, the website link policy should contain a "statement of purpose" indicating that neither the public agency's website nor its links list are "forums" for expressive activity by the public. The following is our suggested language for that portion of the policy, for the hypothetical City of Anytown:
"This policy governs the establishment of external links on the City of Anytown's official website. For purposes of this policy, an `external link' is a hyperlink from the City of Anytown's website to a website maintained by
another party. Neither the City of Anytown's website
nor the external links listed on such website constitute a forum for expressive activity by members of the public.
Rather, the purpose of the City of Anytown's website
and the external links list is to provide information about officials, services, and attractions related to City of Anytown. This policy is declaratory of the City of
Anytown's existing administrative practice regarding
the establishment of external links on its website."
Second, the website link policy should specifically designate the types of organizations that are eligible to have a link established to their website. We think eligibility may be limited to nonprofit entities (as Cookeville chose to do), but it does not have to be so restricted. We also recommend that the website Public Records Act Page 76
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specifically exclude links to sites that have as their purpose the election or defeat of specific candidates or the passage or defeat of specific ballot measures, regardless of political position. In our opinion, implementation of these suggestions will strengthen a public agency's position if it ever becomes necessary to defend a decision to deny a request for a link from a public agency's website.
Finally, the agency should ensure that its web page complies with the accessibility requirements of the ADA, such as providing text equivalents for graphics, ensuring that information conveyed with color is also available without color, and using high contrast color choices.
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PART THREE.
THE CALIFORNIA PUBLIC RECORDS ACT
Article 1 - General Provisions
California Government Code Sections 6250-6270.7
Article 2 - Other Exemptions from Disclosure
California Government Code Sections 6275-6276.48
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The California Public Records Act
ARTICLE 1 - GENERAL PROVISIONS
CALIFORNIA GOVERNMENT CODE SECTIONS 6250-6270.7
Section 6250. Legislative findings and declarations
In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.
Section 6251. Short title
This chapter shall be known and may be cited as the California Public Records Act.
Section 6252. Definitions
As used in this chapter:
(a) "Local agency" includes a county; City, whether general law or chartered; City and county; school district; municipal corporation; district; political subdivision; or any board, commission, or agency thereof; other local public agency; or entities that are legislative bodies of a local agency pursuant to subdivisions (c) and (d) of Section 54952. (b) "Member of the public" means any person, except a member, agent, officer, or employee of a federal, state, or local agency acting within the scope of his or her membership, agency, office, or employment. (c) "Person" includes any natural person, corporation, partnership, limited liability company, firm, or association.
(d) "Public agency" means any state or local agency.
(e) "Public records" includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. "Public records" in the custody of, or maintained by, the Governor's office means any writing prepared on or after January 6, 1975. (f) (1) "State agency" means every state office, officer, department, division, bureau, board, and commission or other state body or Public Records Act Page 79
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agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (2) Notwithstanding paragraph (1) or any other law, "state agency" shall also mean the State Bar of California, as described in Section 6001 of the Business and Professions Code.
(g) "Writing" means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.
Section 6252.5. Elected member or officer of state or local agency Notwithstanding the definition of "member of the public" in Section 6252, an elected member or officer of any state or local agency is entitled to access to public records of that agency on the same basis as any other person. Nothing in this section shall limit the ability of elected members or officers to access public records permitted by law in the administration of their duties.
This section does not constitute a change in, but is declaratory of, existing law.
Section 6252.6. Disclosure of name, date of birth, and date of death of foster child to county child welfare agency
Notwithstanding paragraph (2) of subdivision (a) of Section 827 of the Welfare and Institutions Code, after the death of a foster child who is a minor, the name, date of birth, and date of death of the child shall be subject to disclosure by the county child welfare agency pursuant to this chapter.
Section 6252.7. Authority of legislative body or local agency members to access a writing of the body or agency
Notwithstanding Section 6252.5 or any other provision of law, when the members of a legislative body of a local agency are authorized to access a writing of the body or of the agency as permitted by law in the administration of their duties, the local agency, as defined in Section 54951, shall not discriminate between or among any of those members as to which writing or portion thereof is made available or when it is made available.
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Section 6253. Public records open to inspection; agency duties; time limits (a) Public records are open to inspection at all times during the office hours of the state or local agency and every person has a right to inspect any public record, except as hereafter provided. Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.
(b) Except with respect to public records exempt from disclosure by express provisions of law, each state or local agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person upon payment of fees covering direct costs of duplication, or a statutory fee if applicable. Upon request, an exact copy shall be provided unless impracticable to do so.
(c) Each agency, upon a request for a copy of records, shall, within 10 days from receipt of the request, determine whether the request, in whole or in part, seeks copies of disclosable public records in the possession of the agency and shall promptly notify the person making the request of the determination and the reasons therefor. In unusual circumstances, the time limit prescribed in this section may be extended by written notice by the head of the agency or to its designee to the person making the request, setting forth the reasons for the extension, and the date on which a determination is expected to be dispatched. No notice shall specify a date that would result in an extension for more than 14 days. When the agency dispatches the determination, and if the agency determines that the request seeks disclosable public records, the agency shall state the estimated date and time when the records will be made available. As used in this section, "unusual circumstances" means the following, but only to the extent reasonably necessary to the proper processing of the particular request:
(1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request.
(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request.
(3) The need for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more Public Records Act Page 81
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components of the agency having substantial subject matter interest therein.
(4) The need to compile data, to write programming language or a computer program, or to construct a computer report to extract data.
(d) Nothing in this chapter shall be construed to permit an agency to delay or obstruct the inspection or copying of public records.
(1) A requester who inspects a disclosable record on the premises of the agency has the right to use the requester's equipment on those premises, without being charged any fees or costs, to photograph or otherwise copy or reproduce the record in a manner that does not require the equipment to make physical contact with the record, unless the means of copy or reproduction would result in either of the following:
(A) Damage to the record.
(B) Unauthorized access to the agency's computer systems or secured networks by using software, equipment, or any other technology capable of accessing, altering, or compromising the agency's electronic records.
(2) The agency may impose any reasonable limits on the use of the requester's equipment that are necessary to protect the safety of the records or to prevent the copying of records from being an unreasonable burden to the orderly function of the agency and its employees. In addition, the agency may impose any limit that is necessary to maintain the integrity of, or ensure the long-term preservation of, historic or high -value records.
(3) The notification of denial of any request for records required by Section 6255 shall set forth the names and titles or positions of each person responsible for the denial.
(e) Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter.
(f) In addition to maintaining public records for public inspection during the office hours of the public agency, a public agency may comply with subdivision (a) by posting any public record on its internet website and, in Public Records Act Page 82
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response to a request for a public record posted on the internet website, directing a member of the public to the location on the internet website where the public record is posted. However, if after the public agency directs a member of the public to the internet website, the member of the public requesting the public record requests a copy of the public record due to an inability to access or reproduce the public record from the internet website, the public agency shall promptly provide a copy of the public record pursuant to subdivision (b).
Section 6253.1. Assistance to members of the public regarding requests to inspect a public record or obtain a copy; duties of the public agency
(a) When a member of the public requests to inspect a public record or obtain a copy of a public record, the public agency, in order to assist the member of the public make a focused and effective request that reasonably describes an identifiable record or records, shall do all of the following, to the extent reasonable under the circumstances:
(1) Assist the member of the public to identify records and information that are responsive to the request or to the purpose of the request, if stated.
(2) Describe the information technology and physical location in which the records exist.
(3) Provide suggestions for overcoming any practical basis for denying access to the records or information sought.
(b) The requirements of paragraph (1) of subdivision (a) shall be deemed to have been satisfied if the public agency is unable to identify the requested information after making a reasonable effort to elicit additional clarifying information from the requester that will help identify the record or records.
(c) The requirements of subdivision (a) are in addition to any action required of a public agency by Section 6253.
(d) This section shall not apply to a request for public records if any of the following applies:
(1) The public agency makes available the requested records pursuant to Section 6253.
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(2) The public agency determines that the request should be denied and bases that determination solely on an exemption listed in Section 6254.
(3) The public agency makes available an index of its records.
Section 6253.2. In -home supportive services
(a) Notwithstanding any other provision of this chapter, information regarding persons paid by the state to provide in -home supportive services pursuant to Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code or personal care services pursuant to Section 14132.95, 14132.952, 14132.956 or 14132.97 of the Welfare and Institutions Code, and information about persons who have completed the form described in subdivision (a) of Section 12305.81 of the Welfare and Institutions Code for the provider enrollment process, is not subject to public disclosure pursuant to this chapter, except as provided in subdivision (b).
(b) Copies of names, addresses, home telephone numbers, written or spoken languages, if known, personal cellular telephone numbers, and personal email addresses of persons described in subdivision (a) shall be made available, upon request, to an exclusive bargaining agent and to any labor organization seeking representation rights pursuant to subdivision (c) of Section 12301.6 or Section 12302.25 of the Welfare and Institutions Code or Chapter 10 (commencing with Section 3500) of Division 4. This information shall not be used by the receiving entity for any purpose other than employee organization, representation, and assistance activities of the labor organization.
(c) This section applies solely to individuals who provide services under the In - Home Supportive Services Program (Article 7 (commencing with Section 12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and Institutions Code), the Personal Care Services Program pursuant to Section 14132.95 of the Welfare and Institutions Code, the In -Home Supportive Services Plus Option Program pursuant to Section 14132.952 of the Welfare and Institutions Code, the Community First Choice Option Program pursuant to Section 14132.956 of the Welfare and Institutions Code, or the Waiver Personal Care Services Program pursuant to Section 14132.97 of the Welfare and Institutions Code.
(d) This section does not alter the rights of parties under the Meyers-Milias- Brown Act (Chapter 10 (commencing with Section 3500) of Division 4) or any other labor relations law.
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Section 6253.21. Family childcare provider information; public disclosure; requests from provider organizations
(a) Notwithstanding any other provision of this chapter to the contrary, information regarding family childcare providers, as defined in subdivision (b) of Section 8431 of the Education Code, shall not be subject to public disclosure pursuant to this chapter, except as provided in subdivisions (b) and (c).
(b) Consistent with Section 8432 of the Education Code, copies of names, home and mailing addresses, county, home, if known, work, and cellular telephone numbers, and email addresses of persons described in subdivision (a) shall be made available, upon request, to provider organizations that have been determined to be a provider organization pursuant to subdivision (a) of Section 8432 of the Education Code.
Information shall be made available consistent with the deadlines set in Section 8432 of the Education Code. This information shall not be used by the receiving entity for any purpose other than for purposes of organizing, representing, and assisting family childcare providers. (c) Consistent with Section 8432 of the Education Code, copies of names, home and mailing addresses, county, home, if known, work, and cellular telephone numbers, and email addresses of persons described in subdivision (a) shall be made available to a certified provider organization, as defined in subdivision (a) of Section 8431 of the Education Code. Information shall be made available consistent with the deadlines set in Section 8432 of the Education Code. This information shall not be used by the receiving entity for any purpose other than for purposes of organizing, representing, and assisting family childcare providers. (d) This section does not prohibit or limit the disclosure of information otherwise required to be disclosed by the California Child Day Care Facilities Act (Chapter 3.4 (commencing with Section 1596.70) of Chapter
3.5 (commencing with Section 1596.90) of, and Chapter 3.6 (commencing with Section 1597.30) of, Division 2 of the Health and Safety Code), or to an officer or employee of another state public agency for performance of their official duties under state law.
(e) All confidentiality requirements applicable to recipients of information pursuant to Section 1596.86 of the Health and Safety Code shall apply to protect the personal information of providers of small family daycare homes, as defined in Section 1596.78 of the Health and Safety Code that is disclosed pursuant to subdivisions (b) and (c).
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(f) A family childcare provider, as defined by subdivision (b) of Section 8431 of the Education Code, may opt out of disclosure of their home and mailing address, home, work and cellular telephone numbers, and email address from the lists described in subdivisions (c) and (d) of Section 8432 of the Education Code by complying with the procedure set forth in subdivision (k) of Section 8432 of the Education Code.
Section 6253.3. Disclosure of information; control
A state or local agency may not allow another party to control the disclosure of information that is otherwise subject to disclosure pursuant to this chapter.
Section 6253.31. Contract requirements; public disclosure Notwithstanding any contract term to the contrary, a contract entered into by a state or local agency subject to this chapter, including the University of California, that requires a private entity to review, audit, or report on any aspect of that agency shall be public to the extent the contract is otherwise subject to disclosure under this chapter.
Section 6253.4. Agency regulations and guidelines
(a) Every agency may adopt regulations stating the procedures to be followed when making its records available in accordance with this section.
(b) The following state and local bodies shall establish written guidelines for accessibility of records. A copy of these guidelines shall be posted in a conspicuous public place at the offices of these bodies, and a copy of the guidelines shall be available upon request, free of charge to any person requesting that body's records:
(1) Department of Motor Vehicles
(2) Department of Consumer Affairs
(3) Transportation Agency
(4) Bureau of Real Estate
(5) Department of Corrections and Rehabilitation
(6) Division of Juvenile Justice
(7) Department of Justice
(8) Department of Insurance
(9) Department of Business Oversight
(10) Department of Managed Health Care
(1 1) Secretary of State
(12) State Air Resources Board
(13) Department of Water Resources
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(14) Department of Parks and Recreation
(15) San Francisco Bay Conservation and Development Commission (16) State Board of Equalization
(17) State Department of Health Care Services
(18) Employment Development Department
(19) State Department of Public Health
(20) State Department of Social Services
(21) State Department of State Hospitals
(22) State Department of Developmental Services
(23) Public Employees' Retirement System
(24) Teachers' Retirement Board
(25) Department of Industrial Relations
(26) Department of General Services
(27) Department of Veterans Affairs
(28) Public Utilities Commission
(29) California Coastal Commission
(30) State Water Resources Control Board
(31) San Francisco Bay Area Rapid Transit District
(32) All regional water quality control boards
(33) Los Angeles County Air Pollution Control District
(34) Bay Area Air Pollution Control District
(35) Golden Gate Bridge, Highway and Transportation District (36) Department of Toxic Substances Control
(37) Office of Environmental Health Hazard Assessment
(c) Guidelines and regulations adopted pursuant to this section shall be consistent with all other sections of this chapter and shall reflect the intention of the Legislature to make the records accessible to the public.
The guidelines and regulations adopted pursuant to this section shall not operate to limit the hours public records are open for inspection as prescribed in Section 6253.
Section 6253.5. Initiative, referendum, recall petitions, and petitions for reorganization of school districts or community college districts deemed not public records; examination by
proponents
(a) Notwithstanding Sections 6252 and 6253, statewide, county, city, and district initiative, referendum, and recall petitions, petitions circulated pursuant to Section 5091 of the Education Code, petitions for the reorganization of school districts submitted pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of the Education Code, petitions for the reorganization of community college districts submitted pursuant to Part 46 (commencing with Section 74000) of Public Records Act Page 87
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the Education Code and all memoranda prepared by the county elections officials in the examination of the petitions indicating which registered voters have signed particular petitions shall not be deemed to be public records and shall not be open to inspection except by the public officer or public employees who have the duty of receiving, examining, or preserving the petitions or who are responsible for the preparation of that memoranda and, if the petition is found to be insufficient, by the proponents of the petition and the representatives of the proponents as may be designated by the proponents in writing in order to determine which signatures were disqualified and the reasons therefor. However, the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a school district or a community college district attorney, and a city attorney shall be permitted to examine the material upon approval of the appropriate superior court.
(b) If the proponents of a petition are permitted to examine the petition and memoranda pursuant to subdivision (a), the examination shall commence not later than 21 days after certification of insufficiency, and the county elections officials shall retain the documents as prescribed in Section 17200 of the Elections Code.
(c) As used in this section, "petition" shall mean any petition to which a registered voter has affixed his or her signature.
(d) As used in this section, "proponents of the petition" means the following:
(1) For statewide initiative and referendum measures, the person or persons who submit a draft of a petition proposing the measure to the Attorney General with a request that he or she prepare a title and summary of the chief purpose and points of the proposed measure.
(2) For other initiative and referenda on measures, the person or persons who publish a notice of intention to circulate petitions, or, where publication is not required, who file petitions with the elections official.
(3) For recall measures, the person or persons defined in Section 343 of the Elections Code.
(4) For petitions circulated pursuant to Section 5091 of the Education Code, the person or persons having charge of the petition who submit the petition to the county superintendent of schools.
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(5) For petitions circulated pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21 of the Education Code, the person or persons designated as chief petitioners under Section 35701 of the Education Code.
(6) For petitions circulated pursuant to Part 46 (commencing with Section 74000) of the Education Code, the person or persons designated as chief petitioners under Sections 74102, 74133 and 74152 of the Education Code.
Section 6253.6. Bilingual ballot or ballot pamphlet requests not deemed public records
(a) Notwithstanding the provisions of Sections 6252 and 6253, information compiled by public officers or public employees revealing the identity of persons who have requested bilingual ballots or ballot pamphlets made in accordance with any federal or state law, or other data that would reveal the identity of the requester, shall not be deemed to be public records and shall not be provided to any person other than public officers or public employees who are responsible for receiving those requests and processing the same.
(b) Nothing contained in subdivision (a) shall be construed as prohibiting any person who is otherwise authorized by law from examining election materials, including, but not limited to, affidavits of registration, provided that requests for bilingual ballots or ballot pamphlets shall be subject to the restrictions contained in subdivision (a).
Section 6253.8. Enforcement orders; Internet website
(a) Every final enforcement order issued by an agency listed in subdivision (b) under any provision of law that is administered by an entity listed in subdivision (b), shall be displayed on the entity's Internet website, if the final enforcement order is a public record that is not exempt from disclosure pursuant to this chapter.
(b) This section applies to the California Environmental Protection Agency and to all of the following entities within the agency:
(1) The State Air Resources Board.
(2) The California Integrated Waste Management Board.
(3) The State Water Resources Control Board, and each California regional water quality control board.
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(4) The Department of Pesticide Regulation.
(5) The Department of Toxic Substances Control.
(c) (1) Except as provided in paragraph (2), for purposes of this section, an enforcement order is final when the time for judicial review has expired on or after January 1, 2001, or when all means of judicial review have been exhausted on or after January 1, 2001. (2) In addition to the requirements of paragraph (1), with regard to a final enforcement order issued by the State Water Resources Control Board or a California regional water quality control board, this section shall apply only to a final enforcement order adopted by that board or a regional board at a public meeting.
(d) An order posted pursuant to this section shall be posted for not less than one year.
(e) The California Environmental Protection Agency shall oversee the implementation of this section.
(f) This section shall become operative April 1, 2001.
Section 6253.9. Information in an electronic format; costs; application; availability
(a) Unless otherwise prohibited by law, any agency that has information that constitutes an identifiable public record not exempt from disclosure pursuant to this chapter that is in an electronic format shall make that information available in an electronic format when requested by any person and, when applicable, shall comply with the following:
(1) The agency shall make the information available in any electronic format in which it holds the information.
(2) Each agency shall provide a copy of an electronic record in the format requested if the requested format is one that has been used by the agency to create copies for its own use or for provision to other agencies. The cost of duplication shall be limited to the direct cost of producing a copy of a record in an electronic format. (b) Notwithstanding paragraph (2) of subdivision (a), the requester shall bear the cost of producing a copy of the record, including the cost to construct a record, and the cost of programming and computer services necessary to produce a copy of the record when either of the following applies:
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(1) In order to comply with the provisions of subdivision (a), the public agency would be required to produce a copy of an electronic record and the record is one that is produced only at otherwise regularly scheduled intervals.
(2) The request would require data compilation, extraction, or programming to produce the record.
(c) Nothing in this section shall be construed to require the public agency to reconstruct a record in an electronic format if the agency no longer has the record available in an electronic format.
(d) If the request is for information in other than electronic format, and the information also is in electronic format, the agency may inform the requester that the information is available in electronic format. (e) Nothing in this section shall be construed to permit an agency to make information available only in an electronic format.
(f) Nothing in this section shall be construed to require the public agency to release an electronic record in the electronic form in which it is held by the agency if its release would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained.
(g) Nothing in this section shall be construed to permit public access to records held by any agency to which access is otherwise restricted by statute.
Section 6253.10. Public record posts on Internet Resource; open format requirements
If a local agency, except a school district, maintains an Internet Resource, including, but not limited to, an Internet Web site, Internet Web page, or Internet Web portal, which the local agency describes or titles as "open data," and the local agency voluntarily posts a public record on that Internet Resource, the local agency shall post the public record in an open format that meets all of the following requirements:
(a) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications.
(b) Platform independent and machine readable.
(c) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record.
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(d) Retains the data definitions and structure present when the data was compiled, if applicable.
Section 6254. Exemption of particular records
Except as provided in Sections 6254.7 and 6254.13, this chapter does not require the disclosure of any of the following records:
(a) Preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the public agency in the ordinary course of business, if the public interest in withholding those records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public agency is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810), until the pending litigation or claim has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.
(d) Records contained in or related to any of the following:
(1) Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including, but not limited to, banks, savings and loan associations, industrial loan companies, credit unions, and insurance companies.
(2) Examination, operating, or condition reports prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1). (3) Preliminary drafts, notes, or interagency or intra-agency communications prepared by, on behalf of, or for the use of, any state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency referred to in paragraph (1).
(e) Geological and geophysical data, plant production data, and similar information relating to utility systems development, or market or crop reports that are obtained in confidence from any person. (f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, the Office of Public Records Act Page 92
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Emergency Services, and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correctional, law enforcement, or licensing purposes.
However, state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, this subdivision does not require the disclosure of that portion of those investigative files that reflects the analysis or conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an alarm or security company at the request of the agency shall be construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:
(1) The full name and occupation of every individual arrested by the agency, the individual's physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.
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(2) (A) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance, and location of all
complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a
general description of any injuries, property, or weapons involved. The name of a victim of any crime defined by
Section 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9 or 647.6 of the Penal Code may be withheld at the victim's request, or at the request of the victim's parent or guardian if the victim is a minor. When a person is the victim of more than one crime, information disclosing that the person is a victim of a crime defined in any of the sections of the Penal Code set forth in this subdivision may be deleted at the request of the victim, or the victim's parent or guardian if the victim is a minor, in making the report of the crime, or of any crime or incident accompanying the crime, available to the public in compliance with the requirements of this
paragraph.
(B) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the names and images of a victim of human
trafficking, as defined in Section 236.1 of the Penal Code, and of that victim's immediate family, other than a family member who is charged with a criminal offense arising from the same incident, may be withheld at the victim's request until the investigation or any subsequent prosecution is complete. For purposes of this subdivision, "immediate family" shall have the same meaning as that provided in paragraph (3) of
subdivision (b) of Section 422.4 of the Penal Code.
(3) Subject to the restrictions of Section 841.5 of the Penal Code and this subdivision, the current address of every individual arrested by the agency and the current address of the victim of a crime, if the requester declares under penalty of perjury that the request is made for a scholarly, journalistic, political or governmental purpose, or that the request is made for investigation purposes by a licensed private investigator as described in Chapter 11.3 (commencing with Public Records Act Page 94
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Section 7512) of Division 3 of the Business and Professions Code.
However, the address of the victim of any crime defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 288, 288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9 or 647.6 of the Penal Code shall remain confidential. Address information obtained pursuant to this paragraph shall not be used directly or indirectly, or furnished to another, to sell a product or service to any individual or group of individuals, and the requester shall execute a declaration to that effect under penalty of perjury.
This paragraph shall not be construed to prohibit or limit a scholarly, journalistic, political, or government use of address information obtained pursuant to this paragraph.
(4) Notwithstanding any other provision of this subdivision, commencing July 1, 2019, a video or audio recording that relates to a critical incident, as defined in subparagraph (C), may be withheld only as follows:
(A) (i) During an active criminal or administrative
investigation, disclosure of a recording related to a
critical incident may be delayed for no longer than 45
calendar days after the date the agency knew or
reasonably should have known about the incident, if,
based on the facts and circumstances depicted in the
recording, disclosure would substantially interfere with the investigation, such as by endangering the safety of a witness or a confidential source. If an agency delays disclosure pursuant to this paragraph, the agency shall provide in writing to the requester the specific basis for the agency's determination that disclosure would
substantially interfere with the investigation and the
estimated date for disclosure.
(ii) After 45 days from the date the agency knew or
reasonably should have known about the incident, and
up to one year from that date, the agency may
continue to delay disclosure of a recording if the
agency demonstrates that disclosure would
substantially interfere with the investigation. After one year from the date the agency knew or reasonably
should have known about the incident, the agency
may continue to delay disclosure of a recording only if the agency demonstrates by clear and convincing
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evidence that disclosure would substantially interfere
with the investigation. If an agency delays disclosure
pursuant to this clause, the agency shall promptly
provide in writing to the requester the specific basis for the agency's determination that the interest in
preventing interference with an active investigation
outweighs the public interest in disclosure and provide the estimated date for the disclosure. The agency shall reassess withholding and notify the requester every 30
days. A recording withheld by the agency shall be
disclosed promptly when the specific basis for
withholding is resolved.
(B) (i) If the agency demonstrates, on the facts of the particular case, that the public interest in withholding a video or audio recording clearly outweighs the public
interest in disclosure because the release of the
recording would, based on the facts and
circumstances depicted in the recording, violate the
reasonable expectation of privacy of a subject
depicted in the recording, the agency shall provide in
writing to the requester the specific basis for the
expectation of privacy and the public interest served
by withholding the recording and may use redaction
technology, including blurring or distorting images or
audio, to obscure those specific portions of the
recording that protect that interest. However, the
redaction shall not interfere with the viewer's ability to fully, completely, and accurately comprehend the
events captured in the recording and the recording
shall not otherwise be edited or altered.
(ii) Except as provided in clause (iii), if the agency
demonstrates that the reasonable expectation of
privacy of a subject depicted in the recording cannot
adequately be protected through redaction as
described in clause (i) and that interest outweighs the public interest in disclosure, the agency may withhold
the recording from the public, except that the
recording, either redacted as provided in clause (i) or unredacted, shall be disclosed promptly, upon request,
to any of the following:
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(1) The subject of the recording whose privacy is to
be protected, or his or her authorized
representative.
(11) If the subject is a minor, the parent or legal
guardian of the subject whose privacy is to be
protected.
(III) If the subject whose privacy is to be protected is deceased, an heir, beneficiary, designated
immediate family member, or authorized legal
representative of the deceased subject whose
privacy is to be protected.
(iii) If disclosure pursuant to clause (ii) would substantially interfere with an active criminal or administrative
investigation, the agency shall provide in writing to the requester the specific basis for the agency's
determination that disclosure would substantially
interfere with the investigation, and provide the video or audio recording. Thereafter, the recording may be
withheld by the agency for 45 calendar days, subject
to extensions as set forth in clause (ii) of subparagraph (A).
(C) For purposes of this paragraph, a video or audio recording relates to a critical incident if it depicts any of the following incidents:
(i) An incident involving the discharge of a firearm at a person by a peace officer or custodial officer.
(ii) An incident in which the use of force by a peace
officer or custodial officer against a person resulted in death or great bodily injury.
(D) An agency may provide greater public access to video or audio recordings than the minimum standards set forth in this paragraph.
(E) This paragraph does not alter, limit, or negate any other rights, remedies, or obligations with respect to public records regarding an incident other than a critical incident as described in subparagraph (C).
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(F) For purposes of this paragraph, a peace officer does not include any peace officer employed by the Department of Corrections and Rehabilitation.
(g) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination, except as provided for in Chapter 3 (commencing with Section 99150) of Part 65 of Division 14 of Title 3 of the Education Code.
(h) The contents of real estate appraisals or engineering or feasibility estimates and evaluations made for or by the state or local agency relative to the acquisition of property, or to prospective public supply and construction contracts, until all of the property has been acquired or all of the contract agreement obtained. However, the law of eminent domain shall not be affected by this provision.
(i) Information required from any taxpayer in connection with the collection of local taxes that is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of identifying the borrower of items available in libraries, and library and museum materials made or acquired and presented solely for reference or exhibition purposes. The exemption in this subdivision shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited pursuant to federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.
(1) Correspondence of and to the Governor or employees of the Governor's office or in the custody of or maintained by the Governor's Legal Affairs Secretary. However, public records shall not be transferred to the custody of the Governor's Legal Affairs Secretary to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel, except those records in the public database maintained by the Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data required by a licensing agency and filed by an applicant with the licensing agency to Public Records Act Page 98
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establish his or her personal qualification for the license, certificate, or permit applied for.
(o) Financial data contained in applications for financing under Division 27 (commencing with Section 44500) of the Health and Safety Code, if an authorized officer of the California Pollution Control Financing Authority determines that disclosure of the financial data would be competitively injurious to the applicant and the data is required in order to obtain guarantees from the United States Small Business Administration. The California Pollution Control Financing Authority shall adopt rules for review of individual requests for confidentiality under this section and for making available to the public those portions of an application that are subject to disclosure under this chapter.
(p) (1) Records of state agencies related to activities governed by Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing with Section 3525), and Chapter 12 (commencing with Section 3560) of Division 4, and Article 19.5 (commencing with Section 8430) of Chapter 2 of Part 6 of Division 1 of Title 1 of the Education Code, that reveal a state agency's deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work products, theories or strategy, or that provide instruction, advice, or training to employees who do not have full collective bargaining and representation rights under these chapters. This paragraph shall not be construed to limit the disclosure duties of a state agency with respect to any other records relating to the activities governed by the employee relations acts referred to in this paragraph.
(2) Records of local agencies related to activities governed by Chapter 10 (commencing with Section 3500) of Division 4, that reveal a local agency's deliberative processes, impressions, evaluations, opinions, recommendations, meeting minutes, research, work products, theories, or strategy, or that provide instruction, advice or training to employees who do not have full collective bargaining and representation rights under that chapter.
This paragraph shall not be construed to limit the disclosure duties of a local agency with respect to any other records relating to the activities governed by the employee relations act referred to in this paragraph.
(q) (1) Records of state agencies related to activities governed by Article
2.6 (commencing with Section 14081), Article 2.8 (commencing with Section 14087.5), and Article 2.91 (commencing with Section 14089) Public Records Act Page 99
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of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code, that reveal the special negotiator's deliberative processes, discussions, communications or any other portion of the negotiations with providers of health care services, impressions, opinions, recommendations, meeting minutes, research, work product, theories or strategy, or that provide instruction, advice or training to employees.
(2) Except for the portion of a contract containing the rates of payment, contracts for inpatient services entered into pursuant to these articles, on or after April 1, 1984, shall be open to inspection one year after they are fully executed. If a contract for inpatient services that is entered into prior to April 1, 1984, is amended on or after April 1, 1984, the amendment, except for any portion containing the rates of payment, shall be open to inspection one year after it is fully executed. If the California Medical Assistance Commission enters into contracts with health care providers for other than inpatient hospital services, those contracts shall be open to inspection one year after they are fully executed.
(3) Three years after a contract or amendment is open to inspection under this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection. (4) Notwithstanding any other law, the entire contract or amendment shall be open to inspection by the Joint Legislative Audit Committee and the Legislative Analyst's Office. The committee and that office shall maintain the confidentiality of the contracts and amendments until the time a contract or amendment is fully open to inspection by the public.
(r) Records of Native American graves, cemeteries and sacred places and records of Native American places, features and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code maintained by, or in the possession of, the Native American Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on Accreditation of Hospitals that has been transmitted to the State Department of Health Care Services pursuant to subdivision (b) of Section 1282 of the Health and Safety Code.
(t) Records of a local hospital district, formed pursuant to Division 23 (commencing with Section 32000) of the Health and Safety Code, or the records of a municipal hospital, formed pursuant to Article 7 Public Records Act Page 100
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(commencing with Section 37600) or Article 8 (commencing with Section 37650) of Chapter 5 of Part 2 of Division 3 of Title 4 of this code, that relate to any contract with an insurer or nonprofit hospital service plan for inpatient or outpatient services for alternative rates pursuant to Section 10133 of the Insurance Code. However, the record shall be open to inspection within one year after the contract is fully executed. (u) (1) Information contained in applications for licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department that indicates when or where the applicant is vulnerable to attack or that concerns the applicant's medical or psychological history or that of members of his or her family.
(2) The home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners and magistrates that are set forth in applications for licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department.
(3) The home address and telephone number of prosecutors, public defenders, peace officers, judges, court commissioners and magistrates that are set forth in licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215 of the Penal Code by the sheriff of a county or the chief or other head of a municipal police department.
(v) (1) Records of the Managed Risk Medical Insurance Board and the State Department of Health Care Services related to activities governed by former Part 6.3 (commencing with Section 12695), former Part 6.5 (commencing with Section 12700), Part 6.6 (commencing with Section 12739.5), or Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code, or Chapter 2 (commencing with Section 15810) or Chapter 4 (commencing with Section 15870) of Part 3.3 of Division 9 of the Welfare and Institutions Code and that reveal any of the following:
(A) The deliberative processes, discussions, communications or any other portion of the negotiations with entities contracting or seeking to contract with the board or the department, entities with which the board or the department is considering a contract, or entities with which the board or department is Public Records Act Page 101
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considering or enters into any other arrangement under
which the board or the department provides, receives or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes, research, work product, theories or strategy of the board or its staff or the department or its staff, or records that provide instructions, advice or training to their employees. (2) (A) Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to former Part 6.3 (commencing with Section 12695), former Part 6.5
(commencing with Section 12700), Part 6.6 (commencing
with Section 12739.5), or Part 6.7 (commencing with Section 12739.70) of Division 2 of the Insurance Code, or Chapter 2.2 (commencing with Section 15810) or Chapter 4
(commencing with Section 15870) of Part 3.3 of Division 9 of the Welfare and Institutions Code, on or after July 1, 1991, shall be open to inspection one year after their effective dates.
(B) If a contract that is entered into prior to July 1, 1991, is amended on or after July 1, 1991, the amendment, except for any portion containing the rates of payment, shall be open to inspection one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection.
(4) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts are open to inspection pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board related to activities governed by Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, and that reveal the deliberative processes, discussions, communications or any other portion of the negotiations with health plans, or the impressions, opinions, recommendations, meeting minutes, research, work Public Records Act Page 102
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product, theories or strategy of the board or its staff, or records that provide instructions, advice or training to employees.
(2) Except for the portion of a contract that contains the rates of payment, contracts for health coverage entered into pursuant to Chapter 8 (commencing with Section 10700) of Part 2 of Division 2 of the Insurance Code, on or after January 1, 1993, shall be open to inspection one year after they have been fully executed. (3) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto, until the contracts or amendments to the contracts are open to inspection pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or registration renewal, as a service contractor filed with the Director of Consumer Affairs pursuant to Chapter 20 (commencing with Section 9800) of Division 3 of the Business and Professions Code, for the purpose of establishing the service contractor's net worth, or financial data regarding the funded accounts held in escrow for service contracts held in force in this state by a service contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board and the State Department of Health Care Services related to activities governed by Part 6.2 (commencing with Section 12693) or former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, of Section 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code, if the records reveal any of the following:
(A) The deliberative processes, discussions, communications or any other portion of the negotiations with entities contracting or seeking to contract with the board or the department, entities with which the board or department is considering a contract, or entities with which the board or department is considering or enters into any other arrangement under
which the board or department provides, receives or
arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes, research, work product, theories or strategy of the Public Records Act Page 103
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board or its staff, or the department or its staff, or records that provide instructions, advice or training to employees.
(2) (A) Except for the portion of a contract that contains the rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code, on or after January 1, 1998, or Sections 14005.26 and 14005.27 of, or Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code shall be open to inspection one year after their effective dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing with Section 12693) or former Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or Sections 14005.26 and 14005.27 of, or Chapter 3
(commencing with Section 15850) of Part 3.3 of Division 9 of, the Welfare and Institutions Code, is amended, the
amendment shall be open to inspection one year after the effective date of the amendment.
(3) Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection.
(4) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall maintain the confidentiality of the contracts and amendments thereto until the contract or amendments to a contract are open to inspection pursuant to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this subdivision for the contracts, deliberative processes, discussions, communications, negotiations, impressions, opinions,
recommendations, meeting minutes, research, work product, theories or strategy of the board or its staff, or the department or its staff, shall also apply to the contracts, deliberative processes, discussions, communications, negotiations, impressions, opinions, recommendations, meeting minutes, research, work product, theories or strategy of applicants pursuant to Part 6.4 (commencing with Section 12699.50) of Division 2 of the Insurance Code or Public Records Act Page 104
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Chapter 3 (commencing with Section 15850) of Part 3.3 of Division 9 of the Welfare and Institutions Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (f) of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that assesses its vulnerability to terrorist attack or other criminal acts intended to disrupt the public agency's operations and that is for distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section 131(3) of Title 6 of the United States Code, that is voluntarily submitted to the Office of Emergency Services for use by that office, including the identity of the person who or entity that voluntarily submitted the information. As used in this subdivision, "voluntarily submitted" means submitted in the absence of the office exercising any legal authority to compel access to or submission of critical infrastructure information. This subdivision shall not affect the status of information in the possession of any other state or local governmental agency.
(ac) All information provided to the Secretary of State by a person for the purpose of registration in the Advance Health Care Directive Registry, except that those records shall be released at the request of a health care provider, a public guardian or the registrant's legal representative. (ad) The following records of the State Compensation Insurance Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing with Section 3200) of Division 4 of the Labor Code, to the extent that confidential medical information or other individually identifiable information would be disclosed.
(2) Records related to the discussions, communications or any other portion of the negotiations with entities contracting or seeking to contract with the fund, and any related deliberations.
(3) Records related to the impressions, opinions, recommendations, meeting minutes of meetings or sessions that are lawfully closed to the public, research, work product, theories or strategy of the fund or its staff, on the development of rates, contracting strategy, underwriting or competitive strategy pursuant to the powers granted to the fund in Chapter 4 (commencing with Section 1 1770) of Part 3 of Division 2 of the Insurance Code.
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(4) Records obtained to provide workers' compensation insurance under Chapter 4 (commencing with Section 11770) of Part 3 of Division 2 of the Insurance Code, including, but not limited to, any medical claims information, or policyholder information, provided that nothing in this paragraph shall be interpreted to prevent an insurance agent or broker from obtaining proprietary information or other information authorized by law to be obtained by the agent or broker, and information on rates, pricing and claims handling received from brokers.
(5) (A) Records that are trade secrets pursuant to Section 6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of Division 8 of the Evidence Code, including, without limitation, instructions, advice or training provided by the State
Compensation Insurance Fund to its board members, officers and employees regarding the fund's special investigation unit, internal audit unit and informational security, marketing, rating, pricing, underwriting, claims handling, audits and collections.
(B) Notwithstanding subparagraph (A), the portions of records containing trade secrets shall be available for review by the Joint Legislative Audit Committee, California State Auditor's Office, Division of Workers' Compensation and the
Department of Insurance to ensure compliance with
applicable law.
(6) (A) Internal audits containing proprietary information and the following records that are related to an internal audit:
(i) Personal papers and correspondence of any person
providing assistance to the fund when that person has
requested in writing that his or her papers and
correspondence be kept private and confidential.
Those papers and correspondence shall become
public records if the written request is withdrawn, or
upon order of the fund.
(ii) Papers, correspondence, memoranda or any
substantive information pertaining to any audit not
completed or an internal audit that contains
proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records containing proprietary information, or any information
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specified in subparagraph (A) shall be available for review by the Joint Legislative Audit Committee, California State Auditor's Office, Division of Workers' Compensation and the Department of Insurance to ensure compliance with
applicable law.
(7) (A) Except as provided in subparagraph (C), contracts entered into pursuant to Chapter 4 (commencing with Section 1 1770) of Part 3 of Division 2 of the Insurance Code shall be open to inspection one year after the contract has been fully
executed.
(B) If a contract entered into pursuant to Chapter 4
(commencing with Section 1 1770) of Part 3 of Division 2 of the Insurance Code is amended, the amendment shall be open
to inspection one year after the amendment has been fully executed.
(C) Three years after a contract or amendment is open to inspection pursuant to this subdivision, the portion of the contract or amendment containing the rates of payment
shall be open to inspection.
(D) Notwithstanding any other law, the entire contract or amendments to a contract shall be open to inspection by the Joint Legislative Audit Committee. The committee shall
maintain the confidentiality of the contracts and
amendments thereto until the contract or amendments to a contract are open to inspection pursuant to this paragraph. (E) This paragraph is not intended to apply to documents related to contracts with public entities that are not otherwise expressly confidential as to that public entity.
(F) For purposes of this paragraph, "fully executed" means the point in time when all of the necessary parties to the contract have signed the contract.
This section does not prevent any agency from opening its records concerning the administration of the agency to public inspection, unless disclosure is otherwise prohibited by law.
This section does not prevent any health facility from disclosing to a certified bargaining agent relevant financing information pursuant to Section 8 of the National Labor Relations Act (29 U.S.C. Sec. 158).
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Section 6254.1. Disclosure of residence, mailing address or results of test for competency to safely operate a motor vehicle
(a) Except as provided in Section 6254.7, nothing in this chapter requires disclosure of records that are the residence address of any person contained in the records of the Department of Housing and Community Development, if the person has requested confidentiality of that information, in accordance with Section 18081 of the Health and Safety Code.
(b) Nothing in this chapter requires the disclosure of the residence or mailing address of any person in any record of the Department of Motor Vehicles except in accordance with Section 1808.21 of the Vehicle Code. (c) Nothing in this chapter requires the disclosure of the results of a test undertaken pursuant to Section 12804.8 of the Vehicle Code.
Section 6254.2. Pesticide safety and efficacy information; public disclosure; limitations; procedures
(a) Nothing in this chapter exempts from public disclosure the same categories of pesticide safety and efficacy information that are disclosable under paragraph (1) of subsection (d) of Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136h(d)(1)), if the individual requesting the information is not an officer, employee, or agent specified in subdivision (h) and signs the affirmation specified in subdivision (h).
(b) The Director of Pesticide Regulation, upon his or her initiative, or upon receipt of a request pursuant to this chapter for the release of data submitted and designated as a trade secret by a registrant or applicant, shall determine whether any or all of the data so submitted is a properly designated trade secret. In order to assure that the interested public has an opportunity to obtain and review pesticide safety and efficacy data and to comment prior to the expiration of the public comment period on a proposed pesticide registration, the director shall provide notice to interested persons when an application for registration enters the registration evaluation process.
(c) If the director determines that the data is not a trade secret, the director shall notify the registrant or applicant by certified mail. (d) The registrant or applicant shall have 30 days after receipt of this notification to provide the director with a complete justification and Public Records Act Page 108
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statement of the grounds on which the trade secret privilege is claimed.
This justification and statement shall be submitted by certified mail. (e) The director shall determine whether the data is protected as a trade secret within 15 days after receipt of the justification and statement or, if no justification and statement is filed, within 45 days of the original notice.
The director shall notify the registrant or applicant and any party who has requested the data pursuant to this chapter of that determination by certified mail. If the director determines that the data is not protected as a trade secret, the final notice shall also specify a date, not sooner than 15 days after the date of mailing of the final notice, when the data shall be available to any person requesting information pursuant to subdivision (a).
(f) "Trade secret" means data that is nondisclosable under paragraph (1) of subsection (d) of Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act.
(g) This section shall be operative only so long as, and to the extent that, enforcement of paragraph (1) of subsection (d) of Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act has not been enjoined by federal court order, and shall become inoperative if an unappealable federal court judgment or decision becomes final that holds that paragraph invalid, to the extent of the invalidity. (h) The director shall not knowingly disclose information submitted to the state by an applicant or registrant pursuant to Article 4 (commencing with Section 1281 1) of Chapter 2 of Division 7 of the Food and Agricultural Code to any officer, employee or agent of any business or other entity engaged in the production, sale or distribution of pesticides in countries other than the United States or in countries in addition to the United States, or to any other person who intends to deliver this information to any foreign or multi -national business or entity, unless the applicant or registrant consents to the disclosure. To implement this subdivision, the director shall require the following affirmation to be signed by the person who requests such information:
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AFFIRMATION OF STATUS
This affirmation is required by Section 6254.2 of the Government Code.
I have requested access to information submitted to the Department of Pesticide Regulation (or previously submitted to the Department of Food and Agriculture) by a pesticide applicant or registrant pursuant to the California Food and Agricultural Code. I hereby affirm all of the following statements:
(1) 1 do not seek access to the information for purposes of delivering it or offering it for sale to any business or other entity, including the business or entity of which I am an officer, employee or agent engaged in the production, sale or distribution of pesticides in countries other than the United States or in countries in addition to the United States, or to the officers, employees or agents of such a business or entity.
(2) 1 will not purposefully deliver or negligently cause the data to be delivered to a business or entity specified in paragraph (1) or its officers, employees or agents.
I am aware that I may be subject to criminal penalties under Section 118 of the Penal Code if I make any statement of material facts knowing that the statement is false or if I willfully conceal any material fact.
Name of Requester
Name of Requester's Organization
Signature of Requester
Address of Requester
Date
Request No.
Telephone Number of Requester
Name, Address and Telephone Number of Requester's Client, if the Requester has requested access to the information on behalf of someone other than the Requester or the Requester's address listed above. (i) Notwithstanding any other provision of this section, the director may disclose information submitted by an applicant or registrant to any person in connection with a public proceeding conducted under law or regulation, if the director determines that the information is needed to determine whether a pesticide, or any ingredient of any pesticide, causes unreasonable adverse effects on health or the environment. (j) The director shall maintain records of the names of persons to whom data is disclosed pursuant to this section and the persons or organizations they Public Records Act Page 110
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represent, and shall inform the applicant or registrant of the names and the affiliation of these persons.
(k) Section 118 of the Penal Code applies to any affirmation made pursuant to this section.
(1) Any officer or employee of the state or former officer or employee of the state who, because of this employment or official position, obtains possession of, or has access to, material which is prohibited from disclosure by this section, and who, knowing that disclosure of this material is prohibited by this section, willfully discloses the material in any manner to any person not entitled to receive it, shall, upon conviction, be punished by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in the county jail for not more than one year, or by both fine and imprisonment.
For purposes of this subdivision, any contractor with the state who is furnished information pursuant to this section, or any employee of any contractor, shall be considered an employee of the state.
(m) This section does not prohibit any person from maintaining a civil action for wrongful disclosure of trade secrets.
(n) The director may limit an individual to one request per month pursuant to this section if the director determines that a person has made a frivolous request within the past 12-month period.
Section 6254.3. Public agency employees; home addresses, phone numbers, and birth dates as public records; disclosure
(a) The home addresses, home telephone numbers, personal cellular telephone numbers and birth dates of all employees of a public agency shall not be deemed to be public records and shall not be open to public inspection, except that disclosure of that information may be made as follows:
(1) To an agent, or a family member of the individual to whom the information pertains.
(2) To an officer or employee of another public agency when necessary for the performance of its official duties.
(3) To an employee organization pursuant to regulations and decisions of the Public Employment Relations Board, except that the home addresses and any phone numbers on file with the employer of Public Records Act Page 1 1 1
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employees performing law enforcement -related functions, and the birth date of any employee, shall not be disclosed.
(4) To an agent or employee of a health benefit plan providing health services or administering claims for health services to public agencies and their enrolled dependents, for the purpose of providing the health services or administering claims for employees and their enrolled dependents.
(b) (1) Unless used by the employee to conduct public business, or necessary to identify a person in an otherwise disclosable communication, the personal email addresses of all employees of a public agency shall not be deemed to be public records and shall not be open to public inspection, except that disclosure of that information may be made as specified in paragraphs (1) to (4), inclusive, of subdivision (a).
(2) This subdivision shall not be construed to limit the public's right to access the content of an employee's personal email that is used to conduct public business, as decided by the California Supreme Court in City of San Jose v. Superior Court (2017) 2 Cal. 5th 608. (c) Upon written request of any employee, a public agency shall not disclose the employee's home address, home telephone number, personal cellular telephone number, personal email address or birth date pursuant to paragraph (3) of subdivision (a) and an agency shall remove the employee's home address, home telephone number, and personal cellular telephone number from any mailing list maintained by the agency, except if the list is used exclusively by the agency to contact the employee.
Section 6254.4. Voter registration information; confidentiality (a) The home address, telephone number, email address, precinct number, or other number specified by the Secretary of State for voter registration purposes, and prior registration information shown on the affidavit of registration, is confidential and shall not be disclosed to any person, except pursuant to Section 2194 of the Elections Code.
(b) For purposes of this section, "home address" means street address only, and does not include an individual's city or post office address. (c) The California driver's license number, the California identification card number, the social security number and any other unique identifier used by the State of California for purposes of voter identification shown on an Public Records Act Page 112
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affidavit of registration, or added to the voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.), are confidential and shall not be disclosed to any person.
(d) The signature of the voter that is shown on the affidavit of registration is confidential and shall not be disclosed to any person.
Section 6254.4.5. Disclosure of video or audio recording created during commission or investigation of the crime of rape, incest, sexual assault, domestic violence or child abuse in which the face, intimate body part or voice of a victim is depicted; inspection of video or audio recording by the victim
(a) This chapter does not require disclosure of a video or audio recording that was created during the commission or investigation of the crime of rape, incest, sexual assault, domestic violence or child abuse that depicts the face, intimate body part or voice of a victim of the incident depicted in the recording. An agency shall justify withholding such a video or audio recording by demonstrating, pursuant to Section 6255, that on the facts of the particular case, the public interest served by not disclosing the recording clearly outweighs the public interest served by disclosure of the recording.
(b) When balancing the public interests as required by this section, an agency shall consider both of the following:
(1) The constitutional right to privacy of the person or persons depicted in the recording.
(2) Whether the potential harm to the victim caused by disclosing the recording may be mitigated by redacting the recording to obscure images showing intimate body parts and personally identifying characteristics of the victim or by distorting portions of the recording containing the victim's voice, provided that the redaction does not prevent a viewer from being able to fully and accurately perceive the events captured on the recording. The recording shall not otherwise be edited or altered.
(c) A victim of a crime described in subdivision (a) who is a subject of a recording, the parent or legal guardian of a minor subject, a deceased subject's next of kin or a subject's legally authorized designee, shall be permitted to inspect the recording and to obtain a copy of the recording.
Disclosure under this subdivision does not require that the record be made available to the public pursuant to Section 6254.5.
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(d) Nothing in this section shall be construed to affect any other exemption provided by this chapter.
Section 6254.5. Disclosures of public records; waiver of exemptions; application of section
Notwithstanding any other law, if a state or local agency discloses a public record that is otherwise exempt from this chapter to a member of the public, this disclosure shall constitute a waiver of the exemptions specified in Section 6254 or 6254.7, or other similar provisions of law. For purposes of this section, "agency" includes a member, agent, officer or employee of the agency acting within the scope of his or her membership, agency, office or employment.
This section, however, shall not apply to disclosures:
(a) Made pursuant to the Information Practices Act (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) or discovery proceedings.
(b) Made through other legal proceedings or as otherwise required by law. (c) Within the scope of disclosure of a statute that limits disclosure of specified writings to certain purposes.
(d) Not required by law, and prohibited by formal action of an elected legislative body of the local agency that retains the writings. (e) Made to a governmental agency that agrees to treat the disclosed material as confidential. Only persons authorized in writing by the person in charge of the agency shall be permitted to obtain the information. Any information obtained by the agency shall only be used for purposes that are consistent with existing law.
(f) Of records relating to a financial institution or an affiliate thereof, if the disclosures are made to the financial institution or affiliate by a state agency responsible for the regulation or supervision of the financial institution or affiliate.
(g) Of records relating to a person who is subject to the jurisdiction of the Department of Business Oversight, if the disclosures are made to the person who is the subject of the records for the purpose of corrective action by that person, or if a corporation, to an officer, director or other key personnel of the corporation for the purpose of corrective action, or to any other person to the extent necessary to obtain information from Public Records Act Page 114
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that person for the purpose of an investigation by the Department of Corporations.
(h) Made by the Commissioner of Business Oversight under Section 450, 452, 8009, or 18396 of the Financial Code.
(i) Of records relating to a person who is subject to the jurisdiction of the Department of Managed Health Care, if the disclosures are made to the person who is the subject of the records for the purpose of corrective action by that person, or if a corporation, to an officer, director or other key personnel of the corporation for the purpose of corrective action, or to any other person to the extent necessary to obtain information from that person for the purpose of an investigation by the Department of Managed Health Care.
Section 6254.6. Private industry wage data from federal bureau of labor statistics; identity of employers; confidentiality
Whenever a city and county or a joint powers agency, pursuant to a mandatory statute or charter provision to collect private industry wage data for salary setting purposes, or a contract entered to implement that mandate, is provided this data by the federal Bureau of Labor Statistics on the basis that the identity of private industry employers shall remain confidential, the identity of the employers shall not be open to the public or be admitted as evidence in any action or special proceeding.
Section 6254.7. Air pollution data; public records; notices and orders to building owners; trade secrets; data used to calculate costs of obtaining emission offsets
(a) All information, analyses, plans or specifications that disclose the nature, extent, quantity or degree of air contaminants or other pollution which any article, machine, equipment or other contrivance will produce, which any air pollution control district or air quality management district, or any other state or local agency or district, requires any applicant to provide before the applicant builds, erects, alters, replaces, operates, sells, rents or uses the article, machine, equipment or other contrivance, are public records.
(b) All air or other pollution monitoring data, including data compiled from stationary sources, are public records.
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Civil Code, and records of subsequent action with respect to those notices and orders, are public records.
(d) Except as otherwise provided in subdivision (e) and Chapter 3 (commencing with Section 99150) of Part 65 of the Education Code, trade secrets are not public records under this section. "Trade secrets," as used in this section, may include, but are not limited to, any formula, plan, pattern, process, tool, mechanism, compound, procedure, production data or compilation of information which is not patented, which is known only to certain individuals within a commercial concern who are using it to fabricate, produce or compound an article of trade or a service having commercial value and which gives its user an opportunity to obtain a business advantage over competitors who do not know or use it. (e) Notwithstanding any other provision of law, all air pollution emission data, including those emission data which constitute trade secrets as defined in subdivision (d), are public records. Data used to calculate emission data are not emission data for the purposes of this subdivision and data which constitute trade secrets and which are used to calculate emission data are not public records.
(f) Data used to calculate the costs of obtaining emissions offsets are not public records. At the time that an air pollution control district or air quality management district issues a permit to construct to an applicant who is required to obtain offsets pursuant to district rules and regulations, data obtained from the applicant consisting of the year the offset transaction occurred, the amount of offsets purchased, by pollutant, and the total cost, by pollutant, of the offsets purchased is a public record. If an application is denied, the data shall not be a public record.
Section 6254.8. Employment contracts between state or local agency and public official or employee; public record
Every employment contract between a state or local agency and any public official or public employee is a public record which is not subject to the provisions of Sections 6254 and 6255.
Section 6254.9. Computer software; status as public record; sale, lease, or license authorized; limitations
(a) Computer software developed by a state or local agency is not itself a public record under this chapter. The agency may sell, lease or license the software for commercial or noncommercial use.
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(b) As used in this section, "computer software" includes computer mapping systems, computer programs and computer graphics systems. (c) This section shall not be construed to create an implied warranty on the part of the State of California or any local agency for errors, omissions or other defects in any computer software as provided pursuant to this section.
(d) Nothing in this section is intended to affect the public record status of information merely because it is stored in a computer. Public records stored in a computer shall be disclosed as required by this chapter. (e) Nothing in this section is intended to limit any copyright protections.
Section 6254.10. Disclosure of records relating to archaeological site information and specified reports not required
Nothing in this chapter requires disclosure of records that relate to archaeological site information and reports maintained by, or in the possession of, the Department of Parks and Recreation, the State Historical Resources Commission, the State Lands Commission, the Native American Heritage Commission, another state agency or a local agency, including the records that the agency obtains through a consultation process between a California Native American tribe and a state or local agency.
Section 6254.11. Volatile organic compounds or chemical substances information
Nothing in this chapter requires the disclosure of records that relate to volatile organic compounds or chemical substances information received or compiled by an air pollution control officer pursuant to Section 42303.2 of the Health and Safety Code.
Section 6254.12. Broker -dealer license information; disciplinary records Any information reported to the North American Securities Administrators Association/Financial Industry Regulatory Authority and compiled as disciplinary records which are made available to the Department of Business Oversight through a computer system, shall constitute a public record. Notwithstanding any other provision of law, the Department of Business Oversight may disclose that information and the current license status and the year of issuance of the license of a broker -dealer upon written or oral request pursuant to Section 25247 of the Corporations Code.
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Section 6254.13. Statewide testing program; test questions or materials; disclosure to Member of Legislature or Governor;
confidentiality
Notwithstanding Section 6254, upon the request of any Member of the Legislature or upon request of the Governor or his or her designee, test questions or materials that would be used to administer an examination and are provided by the State Department of Education and administered as part of a statewide testing program of pupils enrolled in the public schools shall be disclosed to the requester. These questions or materials may not include an individual examination that has been administered to a pupil and scored. The requester may not take physical possession of the questions or materials, but may view the questions or materials at a location selected by the department. Upon viewing this information, the requester shall keep the materials that he or she has seen confidential.
Section 6254.14. Health care services contract records of the Department of Corrections and Rehabilitation or the California Medical Assistance Commission
(a) (1) Except as provided in Sections 6254 and 6254.7, nothing in this chapter shall be construed to require disclosure of records of the Department of Corrections and Rehabilitation that relate to health care services contract negotiations, and that reveal the deliberative processes, discussions, communications or any other portion of the negotiations, including, but not limited to, records related to those negotiations such as meeting minutes, research, work product, theories or strategy of the department or its staff, or members of the California Medical Assistance Commission or its staff, who act in consultation with, or on behalf of, the department. (2) Except for the portion of a contract that contains the rates of payment, contracts for health services entered into by the Department of Corrections and Rehabilitation or the California Medical Assistance Commission on or after July 1, 1993, shall be open to inspection one year after they are fully executed. In the event that a contract for health services that is entered into prior to July 1, 1993, is amended on or after July 1, 1993, the amendment, except for any portion containing rates of payment, shall be open to inspection one year after it is fully executed.
(3) Three years after a contract or amendment is open to inspection under this subdivision, the portion of the contract or amendment containing the rates of payment shall be open to inspection.
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(4) Notwithstanding any other provision of law, including, but not limited to, Section 1060 of the Evidence Code, the entire contract or amendment shall be open to inspection by the Joint Legislative Audit Committee, the California State Auditor's Office, and the Legislative Analyst's Office. The Joint Legislative Audit Committee, the California State Auditor's Office, and the Legislative Analyst's Office shall maintain the confidentiality of the contracts and amendments until the contract or amendment is fully open to inspection by the public.
(5) It is the intent of the Legislature that confidentiality of health care provider contracts, and of the contracting process as provided in this subdivision, is intended to protect the competitive nature of the negotiation process, and shall not affect public access to other information relating to the delivery of health care services. (b) The inspection authority and confidentiality requirements established in subdivisions (q), (v), and (y) of Section 6254 for the Legislative Audit Committee shall also apply to the California State Auditor's Office and the Legislative Analyst's Office.
Section 6254.15. Information relating to retention, location, or expansion of corporate facility within the state; redaction
Nothing in this chapter shall be construed to require the disclosure of records that are any of the following: corporate financial records, corporate proprietary information, including trade secrets and information relating to siting within the state furnished to a government agency by a private company for the purpose of permitting the agency to work with the company in retaining, locating or expanding a facility within California. Except as provided below, incentives offered by state or local government agencies, if any, shall be disclosed upon communication to the agency or the public of a decision to stay, locate, relocate or expand, by a company, or upon application by that company to a governmental agency for a general plan amendment, rezone, use permit, building permit or any other permit, whichever occurs first.
The agency shall delete, prior to disclosure to the public, information that is exempt pursuant to this section from any record describing state or local incentives offered by an agency to a private business to retain, locate, relocate or expand the business within California.
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Section 6254.16. Utility customers; disclosure of names, credit histories, usage data, addresses, or telephone numbers
Nothing in this chapter shall be construed to require the disclosure of the name, credit history, utility usage data, home address or telephone number of utility customers of local agencies, except that disclosure of the name, utility usage data and the home address of utility customers of local agencies shall be made available upon request as follows:
(a) To an agent or authorized family member of the person to whom the information pertains.
(b) To an officer or employee of another governmental agency when necessary for the performance of its official duties.
(c) Upon court order or the request of a law enforcement agency relative to an ongoing investigation.
(d) Upon determination by the local agency that the utility customer who is the subject of the request has used utility services in a manner inconsistent with applicable local utility usage policies.
(e) Upon determination by the local agency that the utility customer who is the subject of the request is an elected or appointed official with authority to determine the utility usage policies of the local agency, provided that the home address of an appointed official shall not be disclosed without his or her consent.
(f) Upon determination by the local agency that the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure.
Section 6254.17. Requests for assistance by crime victims (a) Nothing in this chapter shall be construed to require disclosure of records of the California Victim Compensation and Government Claims Board that relate to a request for assistance under Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of Division 3 of Title 2. (b) This section shall not apply to disclosure of the following information, if no information is disclosed connecting the information to a specific victim, derivative victim or applicant under Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of Division 3 of Title 2:
(1) The amount of money paid to a specific provider of services.
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(2) Summary data concerning the types of crimes for which assistance is provided.
Section 6254.18. Exemption of personal information received, collected, or compiled by a public agency regarding employees,
volunteers, board members, owners, etc. of reproductive health services facilities; definitions; injunctive relief; notification of application; term of protection; notice of separation
(a) This chapter does not require disclosure of any personal information received, collected or compiled by a public agency regarding the employees, volunteers, board members, owners, partners, officers or contractors of a reproductive health services facility who have notified the public agency pursuant to subdivision (d) if the personal information is contained in a document that relates to the facility.
(b) For purposes of this section, the following terms have the following meanings:
(1) "Contractor" means an individual or entity that contracts with a reproductive health services facility for services related to patient care.
(2) "Personal information" means the following information related to an individual that is maintained by a public agency: social security number, physical description, home address, home telephone number, statements of personal worth or personal financial data filed pursuant to subdivision (n) of Section 6254, personal medical history, employment history, electronic mail address and information that reveals any electronic network location or identity. (3) "Public Agency" means all of the following:
(A) The State Department of Health Care Services.
(B) The Department of Consumer Affairs.
(C) The Department of Managed Health Care.
(D) The State Department of Public Health.
(5) "Reproductive Health Services Facility" means the office of a licensed physician and surgeon whose specialty is family medicine, obstetrics or gynecology, or a licensed clinic, where at least 50 Public Records Act Page 121
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percent of the patients of the physician or the clinic are provided with family planning or abortion services.
(c) Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to obtain access to employment history information pursuant to Sections 6258 and 6259. If the court finds, based on the facts of a particular case, that the public interest is served by the disclosure of employment history information clearly outweighs the public interest served by not disclosing the information, the court shall order the officer or person charged with withholding the information to disclose the employment history information or show cause why they should not disclose pursuant to Section 6259.
(d) In order for this section to apply to an individual who is an employee, volunteer, board member, officer or contractor of a Reproductive Health Services Facility, the individual shall notify the public agency to which their personal information is being submitted or has been submitted that they fall within the application of this section. The Reproductive Health Services Facility shall retain a copy of all notifications submitted pursuant to this section. This notification shall be valid if it complies with all of the following:
(1) Is on the official letterhead of the facility.
(2) Is clearly separate from any other language present on the same page and is executed by a signature that serves no other purpose than to execute the notification.
(3) Is signed and dated by both of the following:
(A) The individual whose information is being submitted. (B) The executive officer or their designee of the reproductive health services facility.
(e) The privacy protections for personal information authorized pursuant to this section shall be effective from the time of notification pursuant to subdivision (d) until either one of the following occurs:
(1) Six months after the date of separation from a Reproductive Health Services Facility for an individual who has served for not more than one year as an employee, contractor, volunteer, board member or officer of the reproductive health services facility.
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(2) One year after the date of separation from a Reproductive Health Services Facility for an individual who has served for more than one year as an employee, contractor, volunteer, board member or officer of the reproductive health services facility.
(f) Within 90 days of separation of an employee, contractor, volunteer, board member or officer of the reproductive health services facility who has provided notice to a public agency pursuant to subdivision (c), the facility shall provide notice of the separation to the relevant agency or agencies.
(g) This section does not prevent the disclosure by a government agency of data regarding age, race, ethnicity, national origin or gender of individuals whose personal information is protected pursuant to this section, if the data does not contain individually identifiable information.
Section 6254.19. Information security records; records stored within information technology systems
Nothing in this chapter shall be construed to require the disclosure of an information security record of a public agency, if, on the facts of the particular case, disclosure of that record would reveal vulnerabilities to, or otherwise increase the potential for an attack on, an information technology system of a public agency. Nothing in this section shall be construed to limit public disclosure of records stored within an information technology system of a public agency that are not otherwise exempt from disclosure pursuant to this chapter or any other provision of law.
Section 6254.20. Electronically collected personal information Nothing in this chapter shall be construed to require the disclosure of records that relate to electronically collected personal information, as defined by Section 1 1015.5, received, collected or compiled by a state agency.
Section 6254.21. Posting, display or sale of elected or appointed official's personal information on the Internet; civil and criminal liability for violation; limitation of liability of interactive computer service or access software provider
(a) No state or local agency shall post the home address or telephone number of any elected or appointed official on the Internet without first obtaining the written permission of that individual.
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child on the Internet knowing that the person is an elected or appointed official and intends to cause imminent great bodily harm that is likely to occur or threatening to cause imminent great bodily harm to that individual. A violation of this subdivision is a misdemeanor. A violation of this subdivision leading to the bodily injury of the official, or his or her residing spouse or child, is a misdemeanor or a felony. (c) (1) (A) No person, business or association shall publicly post or publicly display on the Internet the home address or
telephone number of any elected or appointed official if that official has, either directly or through an agent designated under paragraph (3), made a written demand of that person, business or association to not disclose his or her home address or telephone number.
(B) A written demand made under this paragraph by a state constitutional officer, a mayor, or a Member of the
Legislature, a city council or a board of supervisors shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address.
(C) A written demand made under this paragraph by an elected official shall be effective for four years, regardless of whether or not the official's term has expired prior to the end of the four-year period.
(D) (i) A person, business or association that receives the written demand of an elected or appointed official
pursuant to this paragraph shall remove the official's
home address or telephone number from public display
on the Internet, including information provided to
cellular telephone applications, within 48 hours of
delivery of the written demand, and shall continue to
ensure that this information is not reposted on the same Internet Website, subsidiary site or any other Internet Website maintained by the recipient of the written
demand.
(ii) After receiving the elected or appointed official's written demand, the person, business or association
shall not transfer the appointed or elected official's
home address or telephone number to any other
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person, business or association through any other
medium.
(iii) Clause (ii) shall not be deemed to prohibit a telephone corporation, as defined in Section 234 of the Public
Utilities Code or its affiliate, from transferring the elected or appointed official's home address or telephone
number to any person, business or association, if the
transfer is authorized by federal or state law, regulation, order or tariff, or necessary in the event of an
emergency, or to collect a debt owed by the elected
or appointed official to the telephone corporation or its affiliate.
(E) For purposes of this paragraph, "publicly post" or "publicly display" means to intentionally communicate or otherwise make available to the general public.
(2) An official whose home address or telephone number is made public as a result of a violation of paragraph (1) may bring an action seeking injunctive or declarative relief in any court of competent jurisdiction. If a court finds that a violation has occurred, it may grant injunctive or declarative relief and shall award the official court costs and reasonable attorneys' fees. A fine not exceeding one thousand dollars ($1,000) may be imposed for a violation of the court's order for an injunction or declarative relief obtained pursuant to this paragraph.
(3) An elected or appointed official may designate in writing the official's employer, a related governmental entity or any voluntary professional association of similar officials to act, on behalf of that official, as that official's agent with regard to making a written demand pursuant to this section. In the case of an appointed official who is a peace officer, as defined in Section 830 to 830.65, inclusive, of the Penal Code, a District Attorney, or a Deputy District Attorney, that official may also designate his or her recognized collective bargaining representative to make a written demand on his or her behalf pursuant to this section. A written demand made by an agent pursuant to this paragraph shall include a statement describing a threat or fear for the safety of that official or of any person residing at the official's home address.
(d) (1) No person, business or association shall solicit, sell or trade on the Internet the home address or telephone number of an elected or Public Records Act Page 125
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appointed official with the intent to cause imminent great bodily harm to the official or to any person residing at the official's home address.
(2) Notwithstanding any other law, an official whose home address or telephone number is solicited, sold or traded in violation of paragraph (1) may bring an action in any court of competent jurisdiction. If a jury or court finds that a violation has occurred, it shall award damages to that official in an amount of up to a maximum of three times the actual damages, but in no case less than four thousand dollars ($4,000).
(e) An interactive computer service or access software provider, as defined in Section 230(f) of Title 47 of the United States Code, shall not be liable under this section unless the service or provider intends to abet or cause imminent great bodily harm that is likely to occur or threatens to cause imminent great bodily harm to an elected or appointed official. (f) For purposes of this section, "elected or appointed official" includes, but is not limited to, all of the following:
(1) State constitutional officers.
(2) Members of the Legislature.
(3) Judges and court commissioners.
(4) District attorneys.
(5) Public defenders.
(6) Members of a city council.
(7) Members of a board of supervisors.
(8) Appointees of the Governor.
(9) Appointees of the Legislature.
(10) Mayors.
(1 1) City attorneys.
(12) Police chiefs and sheriffs.
(13) A public safety official, as defined in Section 6254.24.
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(14) State administrative law judges.
(15) Federal judges and federal defenders.
(16) Members of the United States Congress and appointees of the President.
(g) Nothing in this section is intended to preclude punishment under Sections 69, 76 or 422 of the Penal Code, or any other provision of law.
Section 6254.22. Records of certain health plans
Nothing in this chapter or any other provision of law shall require the disclosure of records of a health plan that is licensed pursuant to the Knox -Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code) and that is governed by a county board of supervisors, whether paper records, records maintained in the management information system or records in any other form, that relate to provider rate or payment determinations, allocation or distribution methodologies for provider payments, formulae or calculations for these payments and contract negotiations with providers of health care for alternative rates for a period of three years after the contract is fully executed.
The transmission of the records, or the information contained therein in an alternative form, to the board of supervisors shall not constitute a waiver of exemption from disclosure, and the records and information once transmitted to the board of supervisors shall be subject to this same exemption. The provisions of this section shall not prevent access to any records by the Joint Legislative Audit Committee in the exercise of its powers pursuant to Article 1 (commencing with Section 10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The provisions of this section also shall not prevent access to any records by the Department of Managed Health Care in the exercise of its powers pursuant to Article 1 (commencing with Section 1340) of Chapter 2.2 of Division 2 of the Health and Safety Code.
Section 6254.23. Disclosure of risk assessment or railroad infrastructure protections program
Nothing in this chapter or any other provision of law shall require the disclosure of a risk assessment or railroad infrastructure protection program filed with the Public Utilities Commission, the Director of Homeland Security and the Office of Emergency Services pursuant to Article 7.3 (commencing with Section 7665) of Chapter 1 of Division 4 of the Public Utilities Code.
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Section 6254.24. "Public safety official" defined
As used in this chapter, "Public Safety Official" means the following parties, whether active or retired:
(a) A peace officer as defined in Sections 830 to 830.65, inclusive, of the Penal Code, or a person who is not a peace officer but may exercise the powers of arrest during the course and within the scope of their employment pursuant to Section 830.7 of the Penal Code. (b) A public officer or other person listed in Sections 1808.2 and 1808.6 of the Vehicle Code.
(c) An "elected or appointed official" as defined in subdivision (f) of Section 6254.21.
(d) An attorney employed by the Department of Justice, the State Public Defender, or a county office of the district attorney or public defender, the United States Attorney or the Federal Public Defender. (e) A city attorney and an attorney who represent cities in criminal matters. (f) An employee of the Department of Corrections and Rehabilitation who supervises inmates or is required to have a prisoner in his or her care or custody.
(g) A sworn or nonsworn employee who supervises inmates in a city police department, a county sheriff's office, the Department of the California Highway Patrol, federal, state or a local detention facility and a local juvenile hall, camp, ranch or home, and a probation officer as defined in Section 830.5 of the Penal Code.
(h) A federal prosecutor, a federal criminal investigator and a National Park Service Ranger working in California.
(i) The surviving spouse or child of a peace officer as defined in Section 830 of the Penal Code, if the peace officer died in the line of duty. (j) State and federal judges and court commissioners.
(k) An employee of the Attorney General, a district attorney or a public defender who submits verification from the Attorney General, district attorney or public defender that the employee represents the Attorney General, district attorney or public defender in matters that routinely place that employee in personal contact with persons under investigation for, charged with, or convicted of, committing criminal acts.
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(1) A nonsworn employee of the Department of Justice or a police department or sheriff's office that, in the course of his or her employment, is responsible for collecting, documenting and preserving physical evidence at crime scenes, testifying in court as an expert witness and other technical duties, and a nonsworn employee that, in the course of his or her employment, performs a variety of standardized and advanced laboratory procedures in the examination of physical crime evidence, determines their results and provides expert testimony in court.
Section 6254.25. Memorandum from legal counsel to state body or local agency; pending litigation
Nothing in this chapter or any other provision of law shall require the disclosure of a memorandum submitted to a state body or to the legislative body of a local agency by its legal counsel pursuant to subdivision (q) of Section 11126 or Section 54956.9 until the pending litigation has been finally adjudicated or otherwise settled. The memorandum shall be protected by the attorney work - product privilege until the pending litigation has been finally adjudicated or otherwise settled.
Section 6254.26. Alternative investments of public investment funds; records exempt from disclosure
(a) Notwithstanding any provision of this chapter or other law, the following records regarding alternative investments in which public investment funds invest shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the keeper of the information:
(1) Due diligence materials that are proprietary to the public investment fund or the alternative investment vehicle.
(2) Quarterly and annual financial statements of alternative investment vehicles.
(3) Meeting materials of alternative investment vehicles. (4) Records containing information regarding the portfolio positions in which alternative investment funds invest.
(5) Capital call and distribution notices.
(6) Alternative investment agreements and all related documents. (b) Notwithstanding subdivision (a), the following information contained in the records described in subdivision (a) regarding alternative investments in Public Records Act Page 129
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which public investment funds invest shall be subject to disclosure pursuant to this chapter and shall not be considered a trade secret exempt from disclosure:
(1) The name, address and vintage year of each alternative investment vehicle.
(2) The dollar amount of the commitment made to each alternative investment vehicle by the public investment fund since inception. (3) The dollar amount of cash contributions made by the public investment fund to each alternative investment vehicle since inception.
(4) The dollar amount, on a fiscal year-end basis, of cash distributions received by the public investment fund from each alternative investment vehicle.
(5) The dollar amount, on a fiscal year-end basis, of cash distributions received by the public investment fund plus remaining value of partnership assets attributable to the public investment fund's investment in each alternative investment vehicle.
(6) The net internal rate of return of each alternative investment vehicle since inception.
(7) The investment multiple of each alternative investment vehicle since inception.
(8) The dollar amount of the total management fees and costs paid on an annual fiscal year-end basis, by the public investment fund to each alternative investment vehicle.
(9) The dollar amount of cash profit received by public investment funds from each alternative investment vehicle on a fiscal year-end basis.
(c) For purposes of this section, the following definitions shall apply:
(1) "Alternative Investment" means an investment in a private equity fund, venture fund, hedge fund or absolute return fund. (2) "Alternative Investment Vehicle" means the limited partnership, limited liability company or similar legal structure through which the public investment fund invests in portfolio companies.
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(3) "Portfolio Positions" means individual portfolio investments made by the Alternative Investment Vehicles.
(4) "Public Investment Fund" means any public pension or retirement system, any public endowment or foundation or a public bank, as defined in Section 57600.
Section 6254.27. Disclosure of official records not required if public record available; county recorder
Nothing in this chapter shall be construed to require the disclosure by a county recorder of any "official record" if a "public record" version of that record is available pursuant to Article 3.5 (commencing with Section 27300) of Chapter 6 of Part 3 of Division 2 of Title 3.
Section 6254.28. Disclosure of official records not required if public record available; filing office
Nothing in this chapter shall be construed to require the disclosure by a filing office of any "official record" if a "public record" version of that record is available pursuant to Section 9526.5 of the Commercial Code.
Section 6254.29. Legislative intent; protection of social security numbers (a) It is the intent of the Legislature that, in order to protect against the risk of identity theft, local agencies shall redact social security numbers from records before disclosing them to the public pursuant to this chapter. (b) Nothing in this chapter shall be construed to require a local agency to disclose a social security number.
(c) This section shall not apply to records maintained by a county recorder.
Section 6254.30. Disclosure of proof of legal presence in the United States to state or local law enforcement agency; exemption for victims of incidents; exception
A state or local law enforcement agency shall not require a victim of an incident, or an authorized representative thereof, to show proof of the victim's legal presence in the United States in order to obtain the information required to be disclosed by that law enforcement agency pursuant to subdivision (f) of Section 6254. However, if, for identification purposes, a state or local law enforcement agency requires identification in order for a victim of an incident, or an authorized representative thereof to obtain that information, the agency shall, at a minimum, accept a current driver's license or identification card issued by any state in the United States, a current passport issued by the United Public Records Act Page 131
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States or a foreign government with which the United States has a diplomatic relationship or a current Matricula Consular card.
Section 6254.33. Vendors and contractors; disclosure of identification number, alphanumeric character, or other unique identifying code used by public agency
Nothing in this chapter shall require the disclosure of an identification number, alphanumeric character or other unique identifying code that a public agency uses to identify a vendor or contractor, or an affiliate of a vendor or contractor, unless the identification number, alphanumeric character or other unique identifying code is used in a public bidding or an audit involving the public agency.
Section 6254.35. Public bank; information and records not subject to disclosure; information and records subject to disclosure (a) For purposes of this section, the following definitions shall apply:
(1) "Customer" means a person or entity that has transacted or is transacting business with, or has used or is using the services of a public bank or a person or entity for whom the public bank has acted as a fiduciary with respect to trust property.
(2) "Investment Recipient" means an entity in which the public bank invests.
(3) "Loan Recipient" means an entity or individual which has received a loan from the public bank.
(4) "Personal Data" means social security numbers, tax identification numbers, physical descriptions, home addresses, home telephone numbers, statements of personal worth or any other personal financial data, employment histories, electronic mail addresses and information that reveals any electronic network location or identity. (5) "Public Bank" has the same meaning as defined in Section 57600. (b) Notwithstanding another provision of this chapter, the following information and records of a public bank and the related decisions of the directors, officers and managers of a public bank shall not be subject to disclosure pursuant to this chapter, unless the information has already been publicly released by the custodian of the information:
(1) Due diligence materials that are proprietary to the public bank.
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(2) A memorandum or letter produced and distributed internally by the public bank.
(3) A commercial or personal financial statement or other financial data received from an actual or potential customer, loan recipient or investment recipient.
(4) Meeting materials of a closed session meeting or a closed session portion of a meeting, of the board of directors, a committee of the board of directors or executives of a public bank.
(5) A record containing information regarding a portfolio position in which the public bank invests.
(6) A record containing information regarding a specific loan amount or loan term, or information received from a loan recipient or customer pertaining to a loan or an application for a loan. (7) A capital call or distribution notice, or a notice to a loan recipient or customer regarding a loan or account with the public bank. (8) An investment agreement, loan agreement, deposit agreement or a related document.
(9) Specific account information or other personal data received by the public bank from an actual or potential customer, investment recipient or loan recipient.
(10) A memorandum or letter produced and distributed for purposes of meetings with a federal or state banking regulator.
(1 1) A memorandum or letter received from a federal or state banking regulator.
(12) Meeting materials of the internal audit committee, the compliance committee or the governance committee of the board of directors of a public bank.
(c) Notwithstanding subdivision (b), the following information contained in records described in subdivision (b) is subject to disclosure pursuant to this chapter and shall not be considered a trade secret exempt from disclosure:
(1) The name, title and appointment year of each director and executive of the public bank.
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(2) The name and address of each current investment recipient in which the public bank currently invests.
(3) General internal performance metrics of the public bank and financial statements of the bank as specified or required by the public bank's charter, or as required by federal law.
(4) Final audit reports of the public bank's independent auditors, although disclosure to an independent auditor of any information described in subdivision (b) shall not be construed to permit public disclosure of that information provided to the auditor.
Section 6255. Justification for withholding of records
(a) The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.
(b) A response to a written request for inspection or copies of public records that includes a determination that the request is denied, in whole or in part, shall be in writing.
Section 6257.5. Purpose of request for disclosure; effect This chapter does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure.
Section 6258. Proceedings to enforce right to inspect or to receive copy of record
Any person may institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any public record or class of public records under this chapter. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the court with the object of securing a decision as to these matters at the earliest possible time.
Section 6259. Order of court; review; contempt; court costs and attorneys' fees
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the public, the court shall order the officer or person charged with withholding the records to disclose the public record or show cause why the officer or person should not do so. The court shall decide the case after examining the record in camera, if permitted by subdivision (b) of Section 915 of the Evidence Code, papers filed by the parties and any oral argument and additional evidence as the court may allow. (b) If the court finds that the public official's decision to refuse disclosure is not justified under Section 6254 or 6255, the court shall order the public official to make the record public. If the court determines that the public official was justified in refusing to make the record public, the court shall return the item to the public official without disclosing its content with an order supporting the decision refusing disclosure.
(c) In an action filed on or after January 1, 1991, an order of the court, either directing disclosure by a public official or supporting the decision of the public official refusing disclosure, is not a final judgment or order within the meaning of Section 904.1 of the Code of Civil Procedure from which an appeal may be taken, but shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ. Upon entry of any order pursuant to this section, a party shall, in order to obtain review of the order, file a petition within 20 days after service upon the party of a written notice of entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow. If the notice is served by mail, the period within which to file the petition shall be increased by five days. A stay of an order or judgment shall not be granted unless the petitioning party demonstrates it will otherwise sustain irreparable damage and probable success on the merits. Any person who fails to obey the order of the court shall be cited to show cause why that person is not in contempt of court. (d) The court shall award court costs and reasonable attorneys' fees to the requester should the requester prevail in litigation filed pursuant to this section. The costs and fees shall be paid by the public agency of which the public official is a member or employee and shall not become a personal liability of the public official. If the court finds that the requester's case is clearly frivolous, it shall award court costs and reasonable attorneys' fees to the public agency.
(e) This section shall not be construed to limit a requester's right to obtain fees and costs pursuant to subdivision (d) or pursuant to any other law.
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Section 6260. Effect of chapter on prior rights and proceedings The provisions of this chapter shall not be deemed in any manner to affect the status of judicial records as it existed immediately prior to the effective date of this section, nor to affect the rights of litigants, including parties to administrative proceedings, under the laws of discovery of this state, nor to limit or impair any rights of discovery in a criminal case.
Section 6261. Itemized statement of total expenditures and disbursement of any agency
Notwithstanding Section 6252, an itemized statement of the total expenditures and disbursement of any agency provided for in Article VI of the California Constitution shall be open for inspection.
Section 6262. Exemption of records of complaints to, or investigations by, any state or local agency for licensing purposes; application by district attorney
The exemption of records of complaints to, or investigations conducted by, any state or local agency for licensing purposes under subdivision (f) of Section 6254 shall not apply when a request for inspection of such records is made by a district attorney.
Section 6263. District attorney; inspection or copying of nonexempt public records
A state or local agency shall allow an inspection or copying of any public record or class of public records not exempted by this chapter when requested by a district attorney.
Section 6264. Order to allow district attorney to inspect or copy records The district attorney may petition a court of competent jurisdiction to require a state or local agency to allow him or her to inspect or receive a copy of any public record or class of public records not exempted by this chapter when the agency fails or refuses to allow inspection or copying within 10 working days of a request. The court may require a Public Agency to permit inspection or copying by the district attorney unless the public interest or good cause in withholding such records clearly outweighs the public interest in disclosure of such records.
Section 6265. Disclosure of records to district attorney; status of records Disclosure of records to a district attorney under the provisions of this chapter shall effect no change in the status of the records under any other provision of law.
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Section 6267. Records of public library patron usage; confidentiality; exceptions
All patron use records of any library which is in whole or in part supported by public funds shall remain confidential and shall not be disclosed by a public agency, or private actor that maintains or stores patron use records on behalf of a public agency, to any person, local agency, or state agency except as follows:
(a) By a person acting within the scope of his or her duties within the administration of the library.
(b) By a person authorized, in writing, by the individual to whom the records pertain, to inspect the records.
(c) By order of the appropriate superior court.
As used in this section, the term "Patron Use Records" includes the following:
(1) Any written or electronic record, that is used to identify the patron, including, but not limited to, a patron's name, address, telephone number or email address, that a library patron provides in order to become eligible to borrow or use books and other materials. (2) Any written record or electronic transaction that identifies a patron's borrowing information or use of library information resources, including, but not limited to, database search records, borrowing records, class records and any other personally identifiable uses of library resources information requests or inquiries.
This section shall not apply to statistical reports of patron use nor to records of fines collected by the library.
Section 6268. Public records in custody or control of Governor leaving office; transfer to state archives; restriction on public access; conditions
(a) Public records, as defined in Section 6252, in the custody or control of the governor when he or she leaves office, either voluntarily or involuntarily, shall, as soon as is practical, be transferred to the State Archives.
Notwithstanding any other law, the governor, by written instrument, the terms of which shall be made public, may restrict public access to any of the transferred public records or any other writings he or she may transfer, that have not already been made accessible to the public. With respect to public records, public access as otherwise provided for by this chapter, Public Records Act Page 137
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shall not be restricted for a period greater than 50 years or the death of the Governor, whichever is later, nor shall there be any restriction whatsoever with respect to enrolled bill files, press releases, speech files or writings relating to applications for clemency or extradition in cases which have been closed for a period of at least 25 years. Subject to any restrictions permitted by this section, the Secretary of State, as custodian of the State Archives, shall make all those public records and other writings available to the public as otherwise provided for in this chapter. (b) Except as to enrolled bill files, press releases, speech files or writings relating to applications for clemency or extradition, this section does not apply to public records or other writings in the direct custody or control of any Governor who held office between 1974 and 1988 at the time of leaving office, except to the extent that that Governor may voluntarily transfer those records or other writings to the State Archives. (c) Notwithstanding any other law, the public records and other writings of any Governor who held office between 1974 and 1988 may be transferred to any educational or research institution in California, provided that with respect to public records, public access, as otherwise provided for by this chapter, shall not be restricted for a period greater than 50 years or the death of the Governor, whichever is later. Records or writings shall not be transferred pursuant to this paragraph unless the institution receiving them agrees to maintain, and does maintain, the materials according to commonly accepted archival standards. Public Records transferred shall not be destroyed by that institution without first receiving the written approval of the Secretary of State, as custodian of the State Archives, who may require that the records be placed in the State Archives rather than being destroyed. An institution receiving those records or writings shall allow the Secretary of State, as custodian of the State Archives, to copy, at state expense, and to make available to the public, any and all public records and inventories, indices or finding aids relating to those records that the institution makes available to the public generally. Copies of those records in the custody of the State Archives shall be given the same legal effect as is given to the originals.
Section 6268.5. Records subject to Section 6268; determination whether appropriate for preservation in State Archives; professional archival practices
The Secretary of State may appraise and manage new or existing records that are subject to Section 6268 to determine whether the records are appropriate for preservation in the State Archives. For purposes of this section, the Secretary of State shall use professional archival practices, including, but not limited to, Public Records Act Page 138
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appraising the historic value of the records, arranging and describing the records, rehousing the records in appropriate storage containers or providing any conservation treatment that the records require.
Section 6270. Sale, exchange or otherwise providing records subject to disclosure to private entities; prohibition; exception
(a) Notwithstanding any other provision of law, no state or local agency shall sell, exchange, furnish or otherwise provide a public record subject to disclosure pursuant to this chapter to a private entity in a manner that prevents a state or local agency from providing the record directly pursuant to this chapter. Nothing in this section requires a state or local agency to use the State Printer to print public records. Nothing in this section prevents the destruction of records pursuant to law. (b) This section shall not apply to contracts entered into prior to January 1, 1996, between the County of Santa Clara and a private entity for the provision of public records subject to disclosure under this chapter.
Section 6270.5. Catalog of enterprise systems; local agency requirements; posting; disclosures; effect on public inspection rights (a) In implementing this chapter, each local agency, except a local educational agency, shall create a catalog of enterprise systems. The catalog shall be made publicly available upon request in the office of the person or officer designated by the agency's legislative body. The catalog shall be posted in a prominent location on the local agency's Internet Web site, if the agency has an Internet Web site. The catalog shall disclose a list of the enterprise systems utilized by the agency and, for each system, shall also disclose all of the following:
(1) Current system vendor.
(2) Current system product.
(3) A brief statement of the system's purpose.
(4) A general description of categories or types of data. (5) The department that serves as the system's primary custodian. (6) How frequently system data is collected.
(7) How frequently system data is updated.
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(b) This section shall not be interpreted to limit a person's right to inspect public records pursuant to this chapter.
(c) For purposes of this section:
(1) "Enterprise System" means a software application or computer system that collects, stores, exchanges and analyzes information that the agency uses that is both of the following:
(A) A multi -departmental system or a system that contains information collected about the public.
(B) A system of record.
(2) "System of Record" means a system that serves an original source of data within an agency.
(3) An Enterprise System shall not include any of the following:
(A) Information technology security systems, including firewalls and other cybersecurity systems.
(B) Physical access control systems, employee identification management systems, video monitoring and other physical control systems.
(C) Infrastructure and mechanical control systems, including those that control or manage street lights, electrical, natural gas or water or sewer functions.
(D) Systems related to 911 dispatch and operation or emergency services.
(E) Systems that would be restricted from disclosure pursuant to Section 6254.19.
(F) The specific records that the information technology system collects, stores, exchanges or analyzes.
(d) Nothing in this section shall be construed to permit public access to records held by an agency to which access is otherwise restricted by statute, or to alter the process for requesting public records as set forth in this chapter.
(e) If, on the facts of the particular case, the public interest is served by not disclosing the information described in paragraph (1) or (2) of subdivision Public Records Act Page 140
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(a) clearly outweighs the public interest served by disclosure of the record, the local agency may instead provide a system name, brief title or identifier of the system.
(f) The local agency shall complete and post the catalog required by this section by July 1, 2016, and thereafter shall update the catalog annually.
Section 6270.6. Independent special district Internet Web sites In implementing this chapter, each independent special district shall maintain an Internet Web site in accordance with Section 53087.8.
Section 6270.7. Health care district Internet Web sites In implementing this chapter, each health care district shall maintain an Internet Web site in accordance with subdivision (b) of Section 32139 of the Health and Safety Code.
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ARTICLE 2 - OTHER EXEMPTIONS FROM DISCLOSURE
CALIFORNIA GOVERNMENT CODE SECTIONS 6275-6276.48
Section 6275. Legislative intent; effect of listing in article It is the intent of the Legislature to assist members of the public state and local agencies in identifying exemptions to the California Public Records Act. It is the intent of the Legislature that, after January 1, 1999, each addition or amendment to a statute that exempts any information contained in a public record from disclosure pursuant to subdivision (k) of Section 6254 shall be listed and described in this article pursuant to a bill authorized by a standing committee of the Legislature to be introduced during the first year of each session of the Legislature. The statutes and constitutional provisions listed in this article may operate to exempt certain records, or portions thereof from disclosure. The statutes and constitutional provisions listed and described may not be inclusive of all exemptions. The listing of a statute or constitutional provision in this article does not itself create an exemption. Requesters of public records and public agencies are cautioned to review the applicable statute or constitutional provision to determine the extent to which it, in light of the circumstances surrounding the request, exempts public records from disclosure.
Section 6276. Records or information not required to be disclosed Records or information not required to be disclosed pursuant to subdivision (k) of Section 6254 may include, but shall not be limited to, records or information identified in statutes listed in this article.
Section 6276.01. "Crime victims"
Crime victims, confidential information or records, The Victims' Bill of Rights Act of 2008: Marsy's Law, Section 28 of Article I of the California Constitution.
Section 6276.02. "Acquired Immune Deficiency Syndrome" to "Advance Health Care Directive Registry"
Acquired Immune Deficiency Syndrome, blood test results, written authorization, not necessary for disclosure, Section 121010, Health and Safety Code.
Acquired Immune Deficiency Syndrome, blood test subject, compelling identity of, Section 120975, Health and Safety Code.
Acquired Immune Deficiency Syndrome, confidentiality of personal data of patients in State Department of Public Health programs, Section 120820, Health and Safety Code.
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Acquired Immune Deficiency Syndrome, confidentiality of research records, Sections 121090, 121095, 121 1 15, and 121120, Health and Safety Code.
Acquired Immune Deficiency Syndrome, confidentiality of vaccine volunteers, Section 121280, Health and Safety Code.
Acquired Immune Deficiency Syndrome, confidentiality of information obtained in prevention programs at correctional facilities and law enforcement agencies, Sections 7552 and 7554, Penal Code.
Acquired Immune Deficiency Syndrome, confidentiality of test results of person convicted of prostitution, Section 1202.6, Penal Code.
Acquired Immune Deficiency Syndrome, disclosure of results of HIV test, penalties, Section 120980, Health and Safety Code.
Acquired Immune Deficiency Syndrome, personal information, insurers tests, confidentiality of, Section 799, Insurance Code.
Acquired Immune Deficiency Syndrome, public safety and testing disclosure, Sections 121065 and 121070, Health and Safety Code.
Acquired Immune Deficiency Syndrome Research and Confidentiality Act, production or discovery of records for use in criminal or civil proceedings against subject prohibited, Section 121100, Health and Safety Code.
Acquired Immune Deficiency Syndrome Public Health Records Confidentiality Act, personally identifying information confidentiality, Section 121025, Health and Safety Code.
Acquired Immune Deficiency Syndrome, test of criminal defendant pursuant to search warrant requested by victim, confidentiality of, Section 1524.1, Penal Code.
Acquired Immune Deficiency Syndrome, test results, disclosure to patient's spouse and others, Section 121015, Health and Safety Code.
Acquired Immune Deficiency Syndrome, test of person under Youth Authority, disclosure of results, Section 1768.9, Welfare and Institutions Code.
Acquired Immune Deficiency Syndrome Research and Confidentiality Act, financial audits or program evaluations, Section 121085, Health and Safety Code.
Acquired Immune Deficiency Syndrome Research and Confidentiality Act, violations, Section 121100, Health and Safety Code.
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Acquired Immune Deficiency Syndrome Research and Confidentiality Act, personally identifying research records not to be disclosed, Section 121075, Health and Safety Code.
Acquired Immune Deficiency Syndrome Research and Confidentiality Act, permittee disclosure, Section 121080, Health and Safety Code.
Administrative procedure, adjudicatory hearings, interpreters, Section 11513.
Adoption records, confidentiality of, Section 102730, Health and Safety Code.
Advance Health Care Directive Registry, exemption from disclosure for registration information provided to the Secretary of State, subdivision (ac), Section 6254.
Section 6276.04. "Aeronautics Act" to "Avocado handler transaction records"
Aeronautics Act, reports of investigations and hearings, Section 21693, Public Utilities Code.
Agricultural producers marketing, access to records, Section 59616, Food and Agricultural Code.
Aiding disabled voters, Section 14282, Elections Code.
Air pollution data, confidentiality of trade secrets, Section 6254.7, and Sections 42303.2 and 43206, Health and Safety Code.
Air toxics emissions inventory plans, protection of trade secrets, Section 44346, Health and Safety Code.
Alcohol and drug abuse records and records of communicable diseases, confidentiality of, Section 123125, Health and Safety Code.
Alcoholic beverage licensees, confidentiality of corporate proprietary information, Section 25205, Business and Professions Code.
Ambulatory Surgery Data Record, confidentiality of identifying information, Section 128737, Health and Safety Code.
Apiary registration information, confidentiality of, Section 29041, Food and Agricultural Code.
Archaeological site information and reports maintained by state and local agencies, disclosure not required, Section 6254.10.
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Arrest not resulting in conviction, disclosure or use of records, Sections 432.7 and 432.8, Labor Code.
Arsonists, registered, confidentiality of certain information, Section 457.1, Penal Code.
Artificial insemination, donor not natural father, confidentiality of records, Section 7613, Family Code.
Assessor's records, confidentiality of information in, Section 408, Revenue and Taxation Code.
Assessor's records, confidentiality of information in, Section 451, Revenue and Taxation Code.
Assessor's records, display of documents relating to business affairs or property of another, Section 408.2, Revenue and Taxation Code.
Assigned risk plans, rejected applicants, confidentiality of information, Section 11624, Insurance Code.
Attorney applicant, investigation by State Bar, confidentiality of, Section 6060.2, Business and Professions Code.
Attorney applicant, information submitted by applicant and State Bar admission records, confidentiality of, Section 6060.25, Business and Professions Code.
Attorney -client confidential communication, Section 6068, Business and Professions Code, and Sections 952 and 954, Evidence Code.
Attorney, disciplinary proceedings, confidentiality prior to formal proceedings, Section 6086.1, Business and Professions Code.
Attorney, disciplinary proceeding, State Bar access to nonpublic court records, Section 6090.6, Business and Professions Code.
Attorney, law corporation, investigation by State Bar, confidentiality of, Section 6168, Business and Professions Code.
Attorney work product confidentiality in administrative adjudication, Section 11507.6.
Attorney, work product, confidentiality of, Section 6202, Business and Professions Code.
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Attorney work product, discovery, Chapter 4 (commencing with Section 2018.010) of Title 4 of Part 4 of the Code of Civil Procedure.
Auditor General, access to records for audit purposes, Sections 10527 and 10527.1.
Auditor General, disclosure of audit records, Section 10525.
Automated forward facing parking control devices, confidentiality of video imaging records from the devices, Section 40240, Vehicle Code.
Automated traffic enforcement system, confidentiality of photographic records made by the system, Section 21455.5, Vehicle Code.
Automobile Insurance Claims Depository, confidentiality of information, Section 1876.3, Insurance Code.
Automobile insurance, investigation of fraudulent claims, confidential information, Section 1872.8, Insurance Code.
Avocado handler transaction records, confidentiality of information, Section 44984, Food and Agricultural Code.
Section 6276.06. "Bank and Corporation Tax" to "Business and professions licensee exemption for social security number"
Bank and Corporation Tax, disclosure of information, Article 2 (commencing with Section 19542), Chapter 7, Part 10.2, Division 2, Revenue and Taxation Code.
Bank employees, confidentiality of criminal history information, Sections 777.5 and 4990, Financial Code.
Bank reports, confidentiality of, Section 289, Financial Code.
Basic Property Insurance Inspection and Placement Plan, confidential reports, Section 10097, Insurance Code.
Beef Council of California, confidentiality of fee transactions information, Section 64691.1, Food and Agricultural Code.
Bids, confidentiality of, Section 10304, Public Contract Code.
Birth, death and marriage licenses, confidential information contained in, Sections 02100, 102110, and 102230, Health and Safety Code.
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Birth defects, monitoring, confidentiality of information collected, Section 103850, Health and Safety Code.
Birth, live, confidential portion of certificate, Sections 102430, 102475, 103525, and 103590, Health and Safety Code.
Blood tests, confidentiality of hepatitis and AIDS carriers, Section 1603.1, Health and Safety Code.
Blood -alcohol percentage test results, vehicular offenses, confidentiality of, Section 1804, Vehicle Code.
Business and professions licensee exemption for social security number, Section 30, Business and Professions Code.
Section 6276.08. "Cable television subscriber information" to "California Wine Grape Commission"
Cable television subscriber information, confidentiality of, Section 637.5, Penal Code.
CalFresh, disclosure of information, Section 18909, Welfare and Institutions Code.
California AIDS Program, personal data, confidentiality, Section 120820, Health and Safety Code.
California Apple Commission, confidentiality of lists of persons, Section 75598, Food and Agricultural Code.
California Apple Commission, confidentiality of proprietary information from producers or handlers, Section 75633, Food and Agricultural Code.
California Asparagus Commission, confidentiality of lists of producers, Section 78262, Food and Agricultural Code.
California Asparagus Commission, confidentiality of proprietary information from producers, Section 78288, Food and Agricultural Code.
California Avocado Commission, confidentiality of information from handlers, Section 67094, Food and Agricultural Code.
California Avocado Commission, confidentiality of proprietary information from handlers, Section 67104, Food and Agricultural Code.
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California Cherry Commission, confidentiality of proprietary information from producers, processors, shippers or grower -handlers, Section 76144, Food and Agricultural Code.
California Children's Services Program, confidentiality of factor replacement therapy contracts, Section 123853, Health and Safety Code.
California Cut Flower Commission, confidentiality of lists of producers, Section 77963, Food and Agricultural Code.
California Cut Flower Commission, confidentiality of proprietary information from producers, Section 77988, Food and Agricultural Code.
California Date Commission, confidentiality of proprietary information from producers and grower -handlers, Section 77843, Food and Agricultural Code.
California Egg Commission, confidentiality of proprietary information from handlers or distributors, Section 75134, Food and Agricultural Code.
California Forest Products Commission, confidentiality of lists of persons, Section 77589, Food and Agricultural Code.
California Forest Products Commission, confidentiality of proprietary information from producers, Section 77624, Food and Agricultural Code.
California Iceberg Lettuce Commission, confidentiality of information from handlers, Section 66624, Food and Agricultural Code.
California Kiwifruit Commission, confidentiality of proprietary information from producers or handlers, Section 68104, Food and Agricultural Code.
California Navel Orange Commission, confidentiality of proprietary information from producers or handlers and lists of producers and handlers, Section 73257, Food and Agricultural Code.
California Pepper Commission, confidentiality of lists of producers and handlers, Section 77298, Food and Agricultural Code.
California Pepper Commission, confidentiality of proprietary information from producers or handlers, Section 77334, Food and Agricultural Code.
California Pistachio Commission, confidentiality of proprietary information from producers or processors, Section 69045, Food and Agricultural Code.
California Salmon Commission, confidentiality of fee transactions records, Section 76901.5, Food and Agricultural Code.
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California Salmon Commission, confidentiality of request for list of commercial salmon vessel operators, Section 76950, Food and Agricultural Code.
California Seafood Council, confidentiality of fee transaction records, Section 78553, Food and Agricultural Code.
California Seafood Council, confidentiality of information on volume of fish landed, Section 78575, Food and Agricultural Code.
California Sheep Commission, confidentiality of proprietary information from producers or handlers and lists of producers, Section 76343, Food and Agricultural Code.
California State University contract law, bids, questionnaires and financial statements, Section 10763, Public Contract Code.
California State University Investigation of Reported Improper Governmental Activities Act, confidentiality of investigative audits completed pursuant to the act, Section 89574, Education Code.
California Table Grape Commission, confidentiality of information from shippers, Section 65603, Food and Agricultural Code.
California Tomato Commission, confidentiality of lists of producers, handlers and others, Section 78679, Food and Agricultural Code.
California Tomato Commission, confidentiality of proprietary information, Section 78704, Food and Agricultural Code.
California Tourism Marketing Act, confidentiality of information pertaining to businesses paying the assessment under the act, Section 13995.54.
California Victim Compensation and Government Claims Board, disclosure not required of records relating to assistance requests under Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of Division 3 of Title 2, Section 6254.17.
California Walnut Commission, confidentiality of lists of producers, Section 77101, Food and Agricultural Code.
California Walnut Commission, confidentiality of proprietary information from producers or handlers, Section 77154, Food and Agricultural Code.
California Wheat Commission, confidentiality of proprietary information from handlers and lists of producers, Section 72104, Food and Agricultural Code.
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California Wheat Commission, confidentiality of requests for assessment refund, Section 72109, Food and Agricultural Code.
California Wine Commission, confidentiality of proprietary information from producers or vintners, Section 74655, Food and Agricultural Code.
California Wine Grape Commission, confidentiality of proprietary information from producers and vintners, Section 74955, Food and Agricultural Code.
Section 6276.10. "Cancer registries" to "Community college employee" Cancer registries, confidentiality of information, Section 103885, Health and Safety Code.
Candidate for local nonpartisan elective office, confidentiality of ballot statement, Section 13311, Elections Code.
Child abuse information, exchange by multidisciplinary personnel teams, Section 830, Welfare and Institutions Code.
Child abuse report and those making report, confidentiality of, Sections 11167 and 1 1 167.5, Penal Code.
Child care liability insurance, confidentiality of information, Section 1864, Insurance Code.
Child concealer, confidentiality of address, Section 278.7, Penal Code.
Child custody investigation report, confidentiality of, Section 31 1 1, Family Code.
Child day care facility, nondisclosure of complaint, Section 1596.853, Health and Safety Code.
Child health and disability prevention, confidentiality of health screening and evaluation results, Section 124110, Health and Safety Code.
Child sexual abuse reports, confidentiality of reports filed in a contested proceeding involving child custody or visitation rights, Section 3118, Family Code.
Child support, confidentiality of income tax return, Section 3552, Family Code.
Child support, promise to pay, confidentiality of, Section 7614, Family Code.
Childhood lead poisoning prevention, confidentiality of blood lead findings, Section 124130, Health and Safety Code.
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Children and families commission, local, confidentiality of individually identifiable information, Section 130140.1, Health and Safety Code.
Cigarette tax, confidential information, Section 30455, Revenue and Taxation Code.
Civil actions, delayed disclosure for 30 days after complaint filed, Section 482.050, Code of Civil Procedure.
Closed sessions, document assessing vulnerability of state or local agency to disruption by terrorist or other criminal acts, subdivision (aa), Section 6254.
Closed sessions, meetings of local governments, pending litigation, Section 54956.9.
Colorado River Board, confidential information and records, Section 12519, Water Code.
Commercial fishing licensee, confidentiality of records, Section 7923, Fish and Game Code.
Commercial fishing reports, Section 8022, Fish and Game Code.
Community care facilities, confidentiality of client information, Section 1557.5, Health and Safety Code.
Community college employee, candidate examination records, confidentiality of, Section 88093, Education Code.
Community college employee, notice and reasons for nonreemployment, confidentiality, Section 87740, Education Code.
Section 6276.12. "Conservatee" to "Customer list of telephone answering service"
Conservatee, confidentiality of the conservatee's report, Section 1826, Probate Code.
Conservatee, estate plan of, confidentiality of, Section 2586, Probate Code.
Conservatee with disability, confidentiality of report, Section 1827.5, Probate Code.
Conservator, confidentiality of conservator's birthdate and driver's license number, Section 1834, Probate Code.
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Conservator, supplemental information, confidentiality of, Section 1821, Probate Code.
Conservatorship, court review of, confidentiality of report, Section 1851, Probate Code.
Consumer fraud investigations, access to complaints and investigations, Section 26509.
Consumption or utilization of mineral materials, disclosure of, Section 2207.1, Public Resources Code.
Contractor, evaluations and contractor responses, confidentiality of, Section 10370, Public Contract Code.
Contractor, license applicants, evidence of financial solvency, confidentiality of, Section 7067.5, Business and Professions Code.
Controlled Substance Law violations, confidential information, Section 818.7.
Controlled substance offenders, confidentiality of registration information, Section 11594, Health and Safety Code.
Cooperative Marketing Association, confidential information disclosed to conciliator, Section 54453, Food and Agricultural Code.
Coroner, inquests, subpoena duces tecum, Section 27491.8.
County aid and relief to indigents, confidentiality of investigation, supervision, relief, and rehabilitation records, Section 17006, Welfare and Institutions Code.
County alcohol programs, confidential information and records, Section 11812, Health and Safety Code.
County Employees' Retirement, confidential statements and records, Section 31532.
County mental health system, confidentiality of client information, Section 5610, Welfare and Institutions Code.
County social services, investigation of applicant, confidentiality, Section 18491, Welfare and Institutions Code.
County social services rendered by volunteers, confidentiality of records of recipients, Section 10810, Welfare and Institutions Code.
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County special commissions, disclosure of health care peer review and quality assessment records not required, Section 14087.58, Welfare and Institutions Code.
County special commissions, disclosure of records relating to the commission's rates of payment for publicly assisted medical care not required, Section 14087.58, Welfare and Institutions Code.
Court files, access to, restricted for 60 days, Section 1161.2, Code of Civil Procedure.
Court files, access to, restricted for 60 days, Section 1708.85, Civil Code.
Court reporters, confidentiality of records and reporters, Section 68525.
Court -appointed special advocates, confidentiality of information acquired or reviewed, Section 105, Welfare and Institutions Code.
Crane employers, previous business identities, confidentiality of, Section 7383, Labor Code.
Credit unions, confidentiality of investigation and examination reports, Section 14257, Financial Code.
Credit unions, confidentiality of employee criminal history information, Section 14409.2, Financial Code.
Criminal defendant, indigent, confidentiality of request for funds for investigators and experts, Section 987.9, Penal Code.
Criminal offender record information, access to, Sections 11076 and 13202, Penal Code.
Crop reports, confidential, subdivision (e), Section 6254.
Customer list of chemical manufacturers, formulators, suppliers, distributors, importers, and their agents, the quantities and dates of shipments, and the proportion of a specified chemical within a mixture, confidential, Section 147.2, Labor Code.
Customer list of employment agency, trade secret, Section 16607, Business and Professions Code.
Customer list of telephone answering service, trade secret, Section 16606, Business and Professions Code.
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Section 6276.14. "Dairy Council of California" to "Driving school and driving instructor licensee record"
Dairy Council of California, confidentiality of ballots, Section 64155, Food and Agricultural Code.
Death, report that physician's or podiatrist's negligence or incompetence may be cause, confidentiality of, Section 802.5, Business and Professions Code.
Dental hygienist drug and alcohol diversion program, confidentiality of records pertaining to treatment, Section 1966.5, Business and Professions Code.
Dentist advertising and referral contract exemption, Section 650.2, Business and Professions Code.
Dentist, alcohol or dangerous drug rehabilitation and diversion, confidentiality of records, Section 1698, Business and Professions Code.
Department of Consumer Affairs licensee exemption for alcohol or dangerous drug treatment and rehabilitation records, Section 156.1, Business and Professions Code.
Department of Human Resources, confidentiality of pay data furnished to, Section 19826.5.
Department of Motor Vehicles, confidentiality of information provided by an insurer, Section 4750.4, Vehicle Code.
Department of Motor Vehicles, confidentiality of the home address of specified persons in the records of the Department of Motor Vehicles, Section 1808.6, Vehicle Code.
Developmentally disabled conservatee confidentiality of reports and records, Sections 416.8 and 416.18, Health and Safety Code.
Developmentally disabled person, access to information provided by family member, Section 4727, Welfare and Institutions Code.
Developmentally disabled person and person with mental illness, access to and release of information about, by protection and advocacy agency, Section 4903, Welfare and Institutions Code.
Developmentally disabled person, confidentiality of patient records, state agencies, Section 4553, Welfare and Institutions Code.
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Developmentally disabled person, confidentiality of records and information, Sections 4514 and 4518, Welfare and Institutions Code.
Diesel Fuel Tax information, disclosure prohibited, Section 60609, Revenue and Taxation Code.
Disability compensation, confidential medical records, Section 2714, Unemployment Insurance Code.
Disability insurance, access to registered information, Section 789.7, Insurance Code.
Discrimination complaint to Division of Labor Standards Enforcement, confidentiality of witnesses, Section 98.7, Labor Code.
Dispute resolution participants confidentiality, Section 471.5, Business and Professions Code.
Division of Workers' Compensation, confidentiality of data obtained by the administrative director and derivative works created by the division, Sections 3201.5, 3201.7, and 3201.9, Labor Code.
Division of Workers' Compensation, individually identifiable information and residence addresses obtained or maintained by the division on workers' compensation claims, confidentiality of, Section 138.7, Labor Code.
Division of Workers' Compensation, individually identifiable information of health care organization patients, confidentiality of, Section 4600.5, Labor Code.
Division of Workers' Compensation, individual workers' compensation claim files and auditor's working papers, confidentiality of, Section 129, Labor Code.
Division of Workers' Compensation, peer review proceedings and employee medical records, confidentiality of, Section 4600.6, Labor Code.
Domestic violence counselor and victim, confidentiality of communication, Sections 1037.2 and 1037.5, Evidence Code.
Driver arrested for traffic violation, notice of reexamination for evidence of incapacity, confidentiality of, Section 40313, Vehicle Code.
Driving school and driving instructor licensee records, confidentiality of, Section 1 1 108, Vehicle Code.
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Section 6276.16. "Educational psychologist -patient" to "Executive Department"
Educational psychologist -patient, privileged communication, Section 1010.5, Evidence Code.
Electronic and appliance repair dealer, service contractor, financial data in applications, subdivision (x), Section 6254.
Electronic Recording Delivery Act of 2004, exemption from disclosure for computer security reports, Section 27394.
Emergency Care Data Record, exemption from disclosure for identifying information, Section 128736, Health and Safety Code.
Emergency Medical Services Fund, patient named, Section 1797.98 (c), Health and Safety Code.
Emergency medical technicians, confidentiality of disciplinary investigation information, Section 1798.200, Health and Safety Code.
Emergency Medical Technician -Paramedic (EMT-P), exemption from disclosure for records relating to personnel actions against, or resignation of, an EMT-P for disciplinary cause or reason, Section 1799.1 12, Health and Safety Code.
Eminent domain proceedings, use of state tax returns, Section 1263.520, Code of Civil Procedure.
Employment agency, confidentiality of customer list, Section 16607, Business and Professions Code.
Employment application, nondisclosure of arrest record or certain convictions, Sections 432.7 and 432.8, Labor Code.
Employment Development Department, furnishing materials, Section 307, Unemployment Insurance Code.
Enteral nutrition products, confidentiality of contracts by the State Department of Health Care Services with manufacturers of enteral nutrition products, Section 14105.8, Welfare and Institutions Code.
Equal wage rate violation, confidentiality of complaint, Section 1197.5, Labor Code.
Equalization, State Board of, prohibition against divulging information, Section 15619.
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Escrow Agents' Fidelity Corporation, confidentiality of examination and investigation reports, Section 17336, Financial Code.
Escrow agents' confidentiality of reports on violations, Section 17414, Financial Code.
Escrow agents' confidentiality of state summary criminal history information, Section 17414.1, Financial Code.
Estate tax, confidential records and information, Section 14251, Revenue and Taxation Code.
Excessive rates or complaints, reports, Section 1857.9, Insurance Code.
Executive Department, closed sessions and the record of topics discussed, Sections 1 1 126 and 1 1 126.1.
Executive Department, investigations and hearings, confidential nature of information acquired, Section 1 1 183.
Section 6276.18. "Family Court" to "Fur dealer licensee" Family court, records, Section 1818, Family Code.
Farm product processor license, confidentiality of financial statements, Section 55523.6, Food and Agricultural Code.
Farm product processor licensee, confidentiality of grape purchases, Section 55601.5, Food and Agricultural Code.
Fee payer information, prohibition against disclosure by the State Board of Equalization and others, Section 55381, Revenue and Taxation Code.
Financial institutions, issuance of securities, reports and records of state agencies, subdivision (d) of Section 6254, of this code.
Financial statements of insurers, confidentiality of information received, Section 925.3, Insurance Code.
Financial statements and questionnaires, of prospective bidders for the state, confidentiality of, Section 10165, Public Contract Code.
Financial statements and questionnaires, of prospective bidders for California State University contracts, confidentiality of, Section 10763, Public Contract Code.
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Firearms, centralized list of exempted federal firearms licensees, disclosure of information compiled from, Sections 24850 to 24890, inclusive, Penal Code.
Firearms, centralized list of dealers and licensees, disclosure of information compiled from, Sections 26700 to 26915, inclusive, Penal Code.
Firearm license applications, subdivision (u) of , this code.
Firearm sale or transfer, confidentiality of records, Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6, Penal Code.
Fishing and hunting licenses, confidentiality of names and addresses contained in records submitted to the Department of Fish and Game to obtain recreational fishing and hunting licenses, Section 1050.6, Fish and Game Code.
Foreign marketing of agricultural products, confidentiality of financial information, Section 58577, Food and Agricultural Code.
Forest fires, anonymity of informants, Section 4417, Public Resources Code.
Foster homes, identifying information, Section 1536, Health and Safety Code.
Franchise Tax Board, access to Franchise Tax Board information by the State Department of Social Services, Section 11025, Welfare and Institutions Code.
Franchise Tax Board, auditing, confidentiality of, Section 90005.
Franchises, applications, and reports filed with the Commissioner of Business Oversight, disclosure and withholding from public inspection, Section 31504, Corporations Code.
Fur dealer licensee, confidentiality of records, Section 4041, Fish and Game Code.
Section 6276.22. "Gambling Control Act" to "Guardianship" Gambling Control Act, exemption from disclosure for records of the California Gambling Control Commission and the Department of Justice, Sections 19819 and 19821, Business and Professions Code.
Genetically Handicapped Persons Program, confidentiality of factor replacement therapy contracts, Section 125191, Health and Safety Code.
Governor, correspondence of and to Governor and Governor's office, subdivision (1), Section 6254.
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Governor, transfer of public records in control of, restrictions on public access, Section 6268.
Grand jury, confidentiality of request for special counsel, Section 936.7, Penal Code.
Grand jury, confidentiality of transcription of indictment or accusation, Section 938.1, Penal Code.
Group Insurance, public employees, Section 53202.25.
Guardianship, confidentiality of report regarding the suitability of the proposed guardian, Section 1543, Probate Code.
Guardianship, disclosure of report and recommendation concerning proposed guardianship of person or estate, Section 1513, Probate Code.
Section 6276.24. "Hazardous substance tax information" to "Housing authorities"
Hazardous substance tax information, prohibition against disclosure, Section 43651, Revenue and Taxation Code.
Hazardous waste control, business plans, public inspection, Section 25506, Health and Safety Code.
Hazardous waste control, notice of unlawful hazardous waste disposal, Section 25180.5, Health and Safety Code.
Hazardous waste control, trade secrets, disclosure of information, Sections 25511 and 25538, Health and Safety Code.
Hazardous waste control, trade secrets, procedures for release of information, Section 25358.2, Health and Safety Code.
Hazardous waste generator report, protection of trade secrets, Sections 25244.21 and 25244.23, Health and Safety Code.
Hazardous waste license holder disclosure statement, confidentiality of, Section 25186.5, Health and Safety Code.
Hazardous waste recycling, information clearing house, confidentiality of trade secrets, Section 25170, Health and Safety Code.
Hazardous waste recycling, list of specified hazardous wastes, trade secrets, Section 25175, Health and Safety Code.
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Hazardous waste recycling, trade secrets, confidential nature, Sections 25173 and 25180.5, Health and Safety Code.
Healing arts licensees, central files, confidentiality, Section 800, Business and Professions Code.
Health authorities, special county, confidentiality of records, Sections 14087.35, 14087.36, and 14087.38, Welfare and Institutions Code.
Health care provider disciplinary proceeding, confidentiality of documents, Section 805.1, Business and Professions Code.
Health care service plans, review of quality of care, privileged communications, Sections 1370 and 1380, Health and Safety Code.
Health commissions, special county, confidentiality of peer review proceedings, rates of payment, and trade secrets, Section 14087.31, Welfare and Institutions Code.
Health facilities, patient's rights of confidentiality, subdivision (c) of Section 128745 and Sections 128735, 128736, 128737, 128755, and 128765, Health and Safety Code.
Health personnel, data collection by the Office of Statewide Health Planning and Development, confidentiality of information on individual licentiates, Section 127780, Health and Safety Code.
Health plan governed by a county board of supervisors, exemption from disclosure for records relating to provider rates or payments for a three-year period after execution of the provider contract, Sections 6254.22 and 54956.87.
Hereditary Disorders Act, legislative finding and declaration, confidential information, Sections 124975 and 124980, Health and Safety Code.
Hereditary Disorders Act, rules, regulations, and standards, breach of confidentiality, Section 124980, Health and Safety Code.
HIV, disclosures to blood banks by department or county health officers, Section 1603.1, Health and Safety Code.
Home address of public employees and officers in Department of Motor Vehicles, records, confidentiality of, Sections 1808.2 and 1808.4, Vehicle Code.
Horse racing, horses, blood or urine test sample, confidentiality, Section 19577, Business and Professions Code.
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Hospital district and municipal hospital records relating to contracts with insurers and service plans, subdivision (t), Section 6254.
Hospital final accreditation report, subdivision (s), Section 6254.
Housing authorities, confidentiality of rosters of tenants, Section 34283, Health and Safety Code.
Housing authorities, confidentiality of applications by prospective or current tenants, Section 34332, Health and Safety Code.
Section 6276.26. "Improper governmental activities reporting" to "Investigative consumer reporting agency"
Improper governmental activities reporting, confidentiality of identity of person providing information, Section 8547.5.
Improper governmental activities reporting, disclosure of information, Section 8547.6.
Industrial loan companies, confidentiality of financial information, Section 18496, Financial Code.
Industrial loan companies, confidentiality of investigation and examination reports, Section 18394, Financial Code.
Influenza vaccine, trade secret information and information relating to recipient of vaccine, Section 120155, Health and Safety Code.
In forma pauperis litigant, rules governing confidentiality of financial information, Section 68511.3.
Infrastructure information, exemption from disclosure for information voluntarily submitted to the Office of Emergency Services, subdivision (ab), Section 6254.
In -Home Supportive Services Program, exemption from disclosure for information regarding persons paid by the state to provide in -home supportive services, Section 6253.2.
Initiative, referendum, recall, and other petitions, confidentiality of names of signers, Section 6253.5.
Insurance claims analysis, confidentiality of information, Section 1875.16, Insurance Code.
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Insurance Commissioner, confidential information, Sections 735.5, 1067.1 1, 1077.3, and 12919, Insurance Code.
Insurance Commissioner, informal conciliation of complaints, confidential communications, Section 1858.02, Insurance Code.
Insurance Commissioner, information from examination or investigation, confidentiality of, Sections 1215.7, 1433, and 1759.3, Insurance Code.
Insurance Commissioner, writings filed with nondisclosure, Section 855, Insurance Code.
Insurance fraud reporting, information acquired not part of public record, Section 1873.1, Insurance Code.
Insurance licensee, confidential information, Section 1666.5, Insurance Code.
Insurer application information, confidentiality of, Section 925.3, Insurance Code.
Insurer financial analysis ratios and examination synopses, confidentiality of, Section 933, Insurance Code.
Department of Resources Recycling and Recovery information, prohibition against disclosure, Section 45982, Revenue and Taxation Code.
International wills, confidentiality of registration information filed with the Secretary of State, Section 6389, Probate Code.
Intervention in regulatory and ratemaking proceedings, audit of customer seeking and award, Section 1804, Public Utilities Code.
Investigation and security records, exemption from disclosure for records of the Attorney General, the Department of Justice, the Office of Emergency Services, and state and local police agencies, subdivision (f), Section 6254.
Investigative consumer reporting agency, limitations on furnishing an investigative consumer report, Section 1786.12, Civil Code.
Section 6276.28. "Joint Legislative Ethics Committee" to "Los Angeles County Tourism Marketing Commission"
Joint Legislative Ethics Committee, confidentiality of reports and records, Section 8953.
Judicial candidates, confidentiality of communications concerning, Section 1201 1.5.
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Judicial proceedings, confidentiality of employer records of employee absences, Section 230.2, Labor Code.
Jurors' lists, lists of registered voters and licensed drivers as source for, Section 197, Code of Civil Procedure.
Juvenile court proceedings to adjudge a person a dependent child of court, sealing records of, Section 389, Welfare and Institutions Code.
Juvenile criminal records, dissemination to schools, Section 828.1, Welfare and Institutions Code.
Juvenile delinquents, notification of chief of police or sheriff of escape of minor from secure detention facility, Section 1155, Welfare and Institutions Code.
Labor dispute, investigation and mediation records, confidentiality of, Section 65, Labor Code.
Lanterman-Petris-Short Act, mental health services recipients, confidentiality of information and records, mental health advocate, Sections 5540, 5541, 5542, and 5550, Welfare and Institutions Code.
Law enforcement vehicles, registration disclosure, Section 5003, Vehicle Code.
Legislative Counsel records, subdivision (m), Section 6254.
Library circulation records and other materials, subdivision (i), Section 6254 and Section 6267.
Life and disability insurers, actuarial information, confidentiality of, Section 10489.15, Insurance Code.
Litigation, confidentiality of settlement information, Section 68513.
Local agency legislative body, closed sessions, disclosure of materials, Section 54956.9.
Local government employees, confidentiality of records and claims relating to group insurance, Section 53202.25.
Local summary criminal history information, confidentiality of, Sections 13300 and 13305, Penal Code.
Local agency legislative body, closed session, nondisclosure of minute book, Section 54957.2.
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Local agency legislative body, meeting, disclosure of agenda, Section 54957.5.
Long-term health facilities, confidentiality of complaints against, Section 1419, Health and Safety Code.
Long-term health facilities, confidentiality of records retained by State Department of Public Health, Section 1439, Health and Safety Code.
Los Angeles County Tourism Marketing Commission, confidentiality of information obtained from businesses to determine their assessment, Section 13995.108.
Section 6276.30. "Managed care health plans" to "Multijurisdictional drug law enforcement agency"
Managed care health plans, confidentiality of proprietary information, Section 14091.3 of the Welfare and Institutions Code.
Managed Risk Medical Insurance Board, negotiations with entities contracting or seeking to contract with the board, subdivisions (v) and (y) of Section 6254.
Mandated blood testing and confidentiality to protect public health, prohibition against compelling identification of test subjects, Section 120975 of the Health and Safety Code.
Mandated blood testing and confidentiality to protect public health, unauthorized disclosures of identification of test subjects, Sections 1603.1, 1603.3, and 121022 of the Health and Safety Code.
Mandated blood testing and confidentiality to protect public health, disclosure to patient's spouse, sexual partner, needle sharer, or county health officer, Section 121015 of the Health and Safety Code.
Manufactured home, mobile home, floating home, confidentiality of home address of registered owner, Section 18081 of the Health and Safety Code.
Marital confidential communications, Sections 980, 981, 982, 983, 984, 985, 986, and 987 of the Evidence Code.
Market reports, confidential, subdivision (e) of Section 6254.
Marketing of commodities, confidentiality of financial information, Section 58781 of the Food and Agricultural Code.
Marketing orders, confidentiality of processors' or distributors' information, Section 59202 of the Food and Agricultural Code.
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Marriage, confidential, certificate, Section 511 of the Family Code.
Medi-Cal Benefits Program, confidentiality of information, Section 14100.2 of the Welfare and Institutions Code.
Medi-Cal Benefits Program, Request of Department for Records of Information, Section 14124.89 of the Welfare and Institutions Code.
Medi-Cal Fraud Bureau, confidentiality of complaints, Section 12528.
Medi-Cal managed care program, exemption from disclosure for financial and utilization data submitted by Medi-Cal managed care health plans to establish rates, Section 14301.1 of the Welfare and Institutions Code.
Medi-Cal program, exemption from disclosure for best price contracts between the State Department of Health Care Services and drug manufacturers, Section 14105.33 of the Welfare and Institutions Code.
Medical information, disclosure by provider unless prohibited by patient in writing, Section 56.16 of the Civil Code.
Medical information, types of information not subject to patient prohibition of disclosure, Section 56.30 of the Civil Code.
Medical and other hospital committees and peer review bodies, confidentiality of records, Section 1 157 of the Evidence Code.
Medical or dental licensee, action for revocation or suspension due to illness, report, confidentiality of, Section 828 of the Business and Professions Code.
Medical or dental licensee, disciplinary action, denial or termination of staff privileges, report, confidentiality of, Sections 805, 805.1, and 805.5 of the Business and Professions Code.
Meetings of state agencies, disclosure of agenda, Section 1 1 125.1.
Mentally abnormal sex offender committed to state hospital, confidentiality of records, Section 4135 of the Welfare and Institutions Code.
Mentally disordered and developmentally disabled offenders, access to criminal histories of, Section 1620 of the Penal Code.
Mentally disordered persons, court -ordered evaluation, confidentiality of reports, Section 5202 of the Welfare and Institutions Code.
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Mentally disordered or mentally ill person, confidentiality of written consent to detainment, Section 5326.4 of the Welfare and Institutions Code.
Mentally disordered or mentally ill person, voluntarily or involuntarily detained and receiving services, confidentiality of records and information, Sections 5328, 5328.15, 5328.2, 5328.4, 5328.8, and 5328.9 of the Welfare and Institutions Code.
Mentally disordered or mentally ill person, weapons restrictions, confidentiality of information about, Section 8103 of the Welfare and Institutions Code.
Milk marketing, confidentiality of records, Section 61443 of the Food and Agricultural Code.
Milk product certification, confidentiality of, Section 62121 of the Food and Agricultural Code.
Milk, market milk, confidential records and reports, Section 62243 of the Food and Agricultural Code.
Milk product registration, confidentiality of information, Section 38946 of the Food and Agricultural Code.
Milk equalization pool plan, confidentiality of producers' voting, Section 62716 of the Food and Agricultural Code.
Mining report, confidentiality of report containing information relating to mineral production, reserves, or rate of depletion of mining operation, Section 2207 of the Public Resources Code.
Minor, criminal proceeding testimony closed to public, Section 859.1 of the Penal Code.
Minors, material depicting sexual conduct, records of suppliers to be kept and made available to law enforcement, Section 1309.5 of the Labor Code.
Misdemeanor and felony reports by police chiefs and sheriffs to Department of Justice, confidentiality of, Sections 1 1 107 and 1 1 107.5 of the Penal Code.
Monetary instrument transaction records, confidentiality of, Section 14167 of the Penal Code.
Missing persons' information, disclosure of, Sections 14204 and 14205 of the Penal Code.
Morbidity and mortality studies, confidentiality of records, Section 100330 of the Health and Safety Code.
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Motor vehicle accident reports, disclosure, Sections 16005, 20012, and 20014 of the Vehicle Code.
Motor vehicles, department of, public records, exceptions, Sections 1808 to 1808.7, inclusive, of the Vehicle Code.
Motor vehicle insurance fraud reporting, confidentiality of information acquired, Section 1874.3 of the Insurance Code.
Motor vehicle liability insurer, data reported to Department of Insurance, confidentiality of, Section 11628 of the Insurance Code.
Multijurisdictional drug law enforcement agency, closed sessions to discuss criminal investigation, Section 54957.8.
Section 6276.32. "Narcotic addict outpatient revocation proceeding" to "Osteopathic physician and surgeon"
Narcotic addict outpatient revocation proceeding, confidentiality of reports, Section 3152.5, Welfare and Institutions Code.
Narcotic and drug abuse patients, confidentiality of records, Section 11845.5, Health and Safety Code.
Native American graves, cemeteries and sacred places, records of, subdivision (r), Section 6254.
Notary public, confidentiality of application for appointment and commission, Section 8201.5.
Nurse, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 2770.12, Business and Professions Code.
Obscene matter, defense of scientific or other purpose, confidentiality of recipients, Section 31 1.8, Penal Code.
Occupational safety and health investigations, confidentiality of complaints and complainants, Section 6309, Labor Code.
Occupational safety and health investigations, confidentiality of trade secrets, Section 6322, Labor Code.
Official information acquired in confidence by public employee, disclosure of, Sections 1040 and 1041, Evidence Code.
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Oil and gas, confidentiality of proposals for the drilling of a well, Section 3724.4, Public Resources Code.
Oil and gas, disclosure of onshore and offshore exploratory well records, Section 3234, Public Resources Code.
Oil and gas, disclosure of well records, Section 3752, Public Resources Code.
Oil and gas leases, surveys for permits, confidentiality of information, Section 6826, Public Resources Code.
Oil spill fee payer information, prohibition against disclosure, Section 46751, Revenue and Taxation Code.
Older adults receiving county services, providing information between county agencies, confidentiality of, Section 9401, Welfare and Institutions Code.
Organic food certification organization records, release of, Section 110845, Health and Safety Code.
Osteopathic physician and surgeon, rehabilitation and diversion records, confidentiality of, Section 2369, Business and Professions Code.
Section 6276.34. "Parole revocation proceedings" to "Postmortem or autopsy photos"
Parole revocation proceedings, confidentiality of information in reports, Section 3063.5, Penal Code.
Passenger fishing boat licenses, records, Section 7923, Fish and Game Code.
Paternity, acknowledgement, confidentiality of records, Section 102760, Health and Safety Code.
Patient -physician confidential communication, Sections 992 and 994, Evidence Code.
Patient records, confidentiality of, Section 123135, Health and Safety Code.
Payment instrument licensee records, inspection of, Section 33206, Financial Code.
Payroll records, confidentiality of, Section 1776, Labor Code.
Peace officer personnel records, confidentiality of, Sections 832.7 and 832.8, Penal Code.
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Penitential communication between penitent and clergy, Sections 1032 and 1033, Evidence Code.
Personal Care Services Program, exemption from disclosure for information regarding persons paid by the state to provide personal care services, Section 6253.2.
Personal Income Tax, disclosure of information, Article 2 (commencing with Section 19542), Chapter 7, Part 10.2, Division 2, Revenue and Taxation Code.
Personal information, Information Practices Act, prohibitions against disclosure by state agencies, Sections 1798.24 and 1798.75, Civil Code.
Personal information, subpoena of records containing, Section 1985.4, Code of Civil Procedure.
Personal representative, confidentiality of personal representative's birth date and driver's license number, Section 8404, Probate Code.
Persons formerly classified as mentally abnormal sex offenders committed to a state hospital, confidentiality of records, Section 4135, Welfare and Institutions Code.
Persons with mental health disorders, court -ordered evaluation, confidentiality of reports, Section 5202, Welfare and Institutions Code.
Persons with mental health disorders, confidentiality of written consent to detainment, Section 5326.4, Welfare and Institutions Code.
Persons with mental health disorders voluntarily detained and receiving services, confidentiality of records and information, Sections 5328, 5328.15, 5328.2, 5328.4, 5328.8 and 5328.9, Welfare and Institutions Code.
Persons with mental health disorders, weapons restrictions, confidentiality of information about, Section 8103, Welfare and Institutions Code.
Petition signatures, Section 18650, Elections Code.
Petroleum supply and pricing, confidential information, Sections 25364 and 25366, Public Resources Code.
Pharmacist, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 4372, Business and Professions Code.
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Physical therapist or assistant, records of dangerous drug or alcohol diversion and rehabilitation, confidentiality of, Section 2667, Business and Professions Code.
Physical or mental condition or conviction of controlled substance offense, records in Department of Motor Vehicles, confidentiality of, Section 1808.5, Vehicle Code.
Physician and surgeon, rehabilitation and diversion records, confidentiality of, Section 2355, Business and Professions Code.
Physician assistant, alcohol or dangerous drug diversion and rehabilitation records, confidentiality of, Section 3534.7, Business and Professions Code.
Physician competency examination, confidentiality of reports, Section 2294, Business and Professions Code.
Physicians and surgeons, confidentiality of reports of patients with a lapse of consciousness disorder, Section 103900, Health and Safety Code.
Physician Services Account, confidentiality of patient names in claims, Section 16956, Welfare and Institutions Code.
Pilots, confidentiality of personal information, Section 1 157.1, Harbors and Navigation Code.
Pollution Control Financing Authority, financial data submitted to, subdivision (o), Section 6254.
Postmortem or autopsy photos, Section 129, Code of Civil Procedure.
Section 6276.36. "Pregnancy tests" to "Pupil records"
Pregnancy tests by local public health agencies, confidentiality of, Section 123380, Health and Safety Code.
Pregnant women, confidentiality of blood tests, Section 125105, Health and Safety Code.
Prehospital emergency medical care, release of information, Sections 1797.188 and 1797.189, Health and Safety Code.
Prenatal syphilis tests, confidentiality of, Section 120705, Health and Safety Code.
Prescription drug discounts, confidentiality of corporate proprietary information, Section 130506, Health and Safety Code.
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Prisoners, behavioral research on, confidential personal information, Section 3515, Penal Code.
Prisoners, confidentiality of blood tests, Section 7530, Penal Code.
Prisoners, medical testing, confidentiality of records, Sections 7517 and 7540, Penal Code.
Prisoners, transfer from county facility for mental treatment and evaluation, confidentiality of written reasons, Section 401 1.6, Penal Code.
Private industry wage data collected by public entity, confidentiality of, Section 6254.6.
Private railroad car tax, confidentiality of information, Section 11655, Revenue and Taxation Code.
Probate referee, disclosure of materials, Section 8908, Probate Code.
Probation officer reports, inspection of, Section 1203.05, Penal Code.
Produce dealer, confidentiality of financial statements, Section 56254, Food and Agricultural Code.
Products liability insurers, transmission of information, Section 1857.9, Insurance Code.
Professional corporations, financial statements, confidentiality of, Section 13406, Corporations Code.
Property on loan to museum, notice of intent to preserve an interest in, not subject to disclosure, Section 1899.5, Civil Code.
Property taxation, confidentiality of change of ownership, Section 481, Revenue and Taxation Code.
Property taxation, confidentiality of exemption claims, Sections 63.1, 69.5, and 408.2, Revenue and Taxation Code.
Property taxation, confidentiality of property information, Section 15641, Government Code and Section 833, Revenue and Taxation Code.
Proprietary information, availability only to the director and other persons authorized by the operator and the owner, Section 2778, Public Resources Code.
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Psychologist and client, confidential relations and communications, Section 2918, Business and Professions Code.
Psychotherapist -patient confidential communication, Sections 1012 and 1014, Evidence Code.
Public employees' home addresses and telephone numbers, confidentiality of, Section 6254.3.
Public Employees' Medical and Hospital Care Act, confidentiality of data relating to health care services rendered by participating hospitals to members and annuitants, Section 22854.5.
Public Employees' Retirement System, confidentiality of data filed by member or beneficiary with board of administration, Section 20134.
Public investment funds, exemption from disclosure for records regarding alternative investments, Section 6254.26.
Public school employees organization, confidentiality of proof of majority support submitted to Public Employment Relations Board, Sections 3544, 3544.1, and 3544.5.
Public social services, confidentiality of digest of decisions, Section 10964, Welfare and Institutions Code.
Public social services, confidentiality of information regarding child abuse or elder or dependent persons abuse, Section 10850.1, Welfare and Institutions Code.
Public social services, confidentiality of information regarding eligibility, Section 10850.2, Welfare and Institutions Code.
Public social services, confidentiality of records, Section 10850, Welfare and Institutions Code.
Public social services, disclosure of information to law enforcement agencies, Section 10850.3, Welfare and Institutions Code.
Public social services, disclosure of information to law enforcement agencies regarding deceased applicant or recipient, Section 10850.7, Welfare and Institutions Code.
Public utilities, confidentiality of information, Section 583, Public Utilities Code.
Pupil, confidentiality of personal information, Section 45345, Education Code.
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Pupil drug and alcohol use questionnaires, confidentiality of, Section 11605, Health and Safety Code.
Pupil, expulsion hearing, disclosure of testimony of witness and closed session of district board, Section 48918, Education Code.
Pupil, personal information disclosed to school counselor, confidentiality of, Section 49602, Education Code.
Pupil record contents, records of administrative hearing to change contents, confidentiality of, Section 49070, Education Code.
Pupil records, access authorized for specified parties, Section 49076, Education Code.
Pupil records, disclosure in hearing to dismiss or suspend school employee, Section 44944.1, Education Code.
Pupil records, release of directory information to private entities, Sections 49073 and 49073.5, Education Code.
Section 6276.38. "Radioactive materials" to "Safe surrender site" Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code.
Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 6254.23.
Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code.
Real property, acquisition by state or local government, information relating to feasibility, subdivision (h), Section 6254.
Real property, change in ownership statement, confidentiality of, Section 27280.
Records described in Section 1620 of the Penal Code.
Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code.
Records of persons committed to a state hospital pursuant to Section 4135 of the Welfare and Institutions Code.
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Registered public obligations, inspection of records of security interests in, Section 5060.
Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code.
Rehabilitation, Department of, confidential information, Section 19016, Welfare and Institutions Code.
Reinsurance intermediary -broker license information, confidentiality of, Section 1781.3, Insurance Code.
Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262.
Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4.
Report of probation officer, inspection, copies, Section 1203.05, Penal Code.
Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code.
Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners, partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Section 6254.18.
Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 6254.1.
Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 6254.1, Government Code, and Section 1808.21, Vehicle Code.
Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.
Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code.
Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and Safety Code.
Resource families, identifying information, Section 16519.55, Welfare and Institutions Code.
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Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code.
Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code.
Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code.
Safe surrender site, confidentiality of information pertaining to a parent or individual surrendering a child, Section 1255.7, Health and Safety Code.
Section 6276.40. "Sales and use tax" to "Social security numbers within records of local agencies"
Sales and use tax, disclosure of information, Section 7056, Revenue and Taxation Code.
Santa Barbara Regional Health Authority, exemption from disclosure for records maintained by the authority regarding negotiated rates for the California Medical Assistance Program, Section 14499.6, Welfare and Institutions Code.
Savings association employees, disclosure of criminal history information, Section 6525, Financial Code.
Savings associations, inspection of records by shareholders, Section 6050, Financial Code.
School district governing board, disciplinary action, disclosure of pupil information, Section 35146, Education Code.
School employee, merit system examination records, confidentiality of, Section 45274, Education Code.
School employee, notice and reasons for hearing on non re-employment of employee, confidentiality of, Sections 44948.5 and 44949, Education Code.
School meals for needy pupils, confidentiality of records, Section 49558, Education Code.
Sealed records, arrest for misdemeanor, Section 851.7, Penal Code.
Sealed records, misdemeanor convictions, Section 1203.45, Penal Code.
Sealing and destruction of arrest records, determination of innocence, Section 851.8, Penal Code.
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Search warrants, special master, Section 1524, Penal Code.
Sex change, confidentiality of birth certificate, Section 103440, Health and Safety Code.
Sex offenders, registration form, Section 290.021, Penal Code.
Sexual assault forms, confidentiality of, Section 13823.5, Penal Code.
Sexual assault counselor and victim, confidential communication, Sections 1035.2, 1035.4, and 1035.8, Evidence Code.
Shorthand reporter's complaint, Section 8010, Business and Professions Code.
Small family day care homes, identifying information, Section 1596.86, Health and Safety Code.
Social security number, applicant for driver's license or identification card, nondisclosure of, Section 1653.5, Vehicle Code, and Section 6254.29.
Social security number, official record or official filing, nondisclosure of, Section 9526.5, Commercial Code, and Sections 6254.27 and 6254.28.
Social Security Number Truncation Program, Article 3.5 (commencing with Section 27300), Chapter 6, Part 3, Division 2, Title 3.
Social security numbers within records of local agencies, nondisclosure of, Section 6254.29.
Section 6276.42. "State agency activities" to "Sturgeon egg processors" State agency activities relating to unrepresented employees, subdivision (p) of Section 6254.
State agency activities relating to providers of health care, subdivision (a) of Section 6254.
State Auditor, access to barred records, Section 8545.2.
State Auditor, confidentiality of records, Sections 8545, 8545.1, and 8545.3.
State civil service employee, confidentiality of appeal to state personnel board, Section 18952.
State civil service employees, confidentiality of reports, Section 18573.
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State civil service examination, confidentiality of application and examination materials, Section 18934.
State Compensation Insurance Fund, exemption from disclosure for various records maintained by the State Compensation Insurance Fund, subdivision (ad), Section 6254.
State Contract Act, bids, questionnaires and financial statements, Section 10165, Public Contract Code.
State Contract Act, bids, sealing, opening and reading bids, Section 10304, Public Contract Code.
State Energy Resources Conservation and Development Commission, confidentiality of proprietary information submitted to, Section 25223, Public Resources Code.
State hospital patients, information and records in possession of Superintendent of Public Instruction, confidentiality of, Section 56863, Education Code.
State Long -Term Care Ombudsman, access to government agency records, Section 9723, Welfare and Institutions Code.
State Long -Term Care Ombudsman office, confidentiality of records and files, Section 9725, Welfare and Institutions Code.
State Long -Term Care Ombudsman office, disclosure of information or communications, Section 9715, Welfare and Institutions Code.
State Lottery Evaluation Report, disclosure, Section 8880.46.
State prisoners, exemption from disclosure for surveys by the California Research Bureau of children of female prisoners, Section 7443, Penal Code.
State summary criminal history information, confidentiality of information, Sections 1 1 105, 1 1 105.1, 1 1 105.3, and 1 1 105.4, Penal Code.
State Teachers' Retirement System, confidentiality of information filed with the system by a member, participant, or beneficiary, Sections 22306 and 26215, Education Code.
Sterilization of disabled, confidentiality of evaluation report, Section 1955, Probate Code.
Strawberry marketing information, confidentiality of, Section 63124, Food and Agricultural Code.
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Structural pest control licensee records relating to pesticide use, confidentiality of, Section 15205, Food and Agricultural Code.
Student driver, records of physical or mental condition, confidentiality of, Section 12661, Vehicle Code.
Student, community college, information received by school counselor, confidentiality of, Section 72621, Education Code.
Student, community college, records, limitations on release, Section 76243, Education Code.
Student, community college, record contents, records of administrative hearing to change contents, confidentiality of, Section 76232, Education Code.
Student, sexual assault on private higher education institution campus, confidentiality of information, Section 94385, Education Code.
Student, sexual assault on public college or university, confidentiality of information, Section 67385, Education Code.
Sturgeon egg processors, records, Section 10004, Fish and Game Code.
Section 6276.44. "Taxpayer information" to "Trust companies" Taxpayer information, confidentiality, local taxes, subdivision (i), Section 6254.
Tax preparer, disclosure of information obtained in business of preparing tax returns, Section 17530.5, Business and Professions Code.
Teacher, credential holder or applicant, information provided to Commission on Teacher Credentialing, confidentiality of, Section 44341, Education Code.
Teacher, certified school personnel examination results, confidentiality of, Section 44289, Education Code.
Telephone answering service customer list, trade secret, Section 16606, Business and Professions Code.
Timber yield tax, disclosure to county assessor, Section 38706, Revenue and Taxation Code.
Timber yield tax, disclosure of information, Section 38705, Revenue and Taxation Code.
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Title insurers, confidentiality of notice of noncompliance, Section 12414.14, Insurance Code.
Tobacco products, exemption from disclosure for distribution information provided to the State Department of Public Health, Section 22954, Business and Professions Code.
Tow truck driver, information in records of California Highway Patrol, Department of Motor Vehicles, or other agencies, confidentiality of, Sections 2431 and 2432.3, Vehicle Code.
Toxic substances, Department of, inspection of records of, Section 25152.5, Health and Safety Code.
Trade secrets, Section 1060, Evidence Code.
Trade secrets, confidentiality of, occupational safety and health inspections, Section 6322, Labor Code.
Trade secrets, disclosure of public records, Section 3426.7, Civil Code.
Trade secrets, food, drugs, cosmetics, nondisclosure, Sections 110165 and 110370, Health and Safety Code.
Trade secrets, protection by Director of the Department of Pesticide Regulation, Section 6254.2.
Trade secrets and proprietary information relating to pesticides, confidentiality of, Sections 14022 and 14023, Food and Agricultural Code.
Trade secrets, protection by Director of Industrial Relations, Section 6396, Labor Code.
Trade secrets relating to hazardous substances, disclosure of, Sections 25358.2 and 25358.7, Health and Safety Code.
Traffic violator school licensee records, confidentiality of, Section 11212, Vehicle Code.
Traffic offense, dismissed for participation in driving school or program, record of, confidentiality of, Section 1808.7, Vehicle Code.
Transit districts, questionnaire and financial statement information in bids, Section 99154, Public Utilities Code.
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Tribal -state gaming contracts, exemption from disclosure for records of an Indian tribe relating to securitization of annual payments, Section 63048.63.
Trust companies, disclosure of private trust confidential information, Section 1582, Financial Code.
Section 6276.46. "Unclaimed property" to "Wards and dependent children" Unclaimed property, Controller records of, disclosure, Section 1582, Code of Civil Procedure.
Unemployment compensation, disclosure of confidential information, Section 21 1 1, Unemployment Insurance Code.
Unemployment compensation, information obtained in administration of code, Section 1094, Unemployment Insurance Code.
Unemployment fund contributions, publication of annual tax paid, Section 989, Unemployment Insurance Code.
University of California, exemption from disclosure for information submitted by bidders for award of best value contracts, Section 10506.6, Public Contract Code.
Unsafe working condition, confidentiality of complainant, Section 6309, Labor Code.
Use fuel tax information, disclosure prohibited, Section 9255, Revenue and Taxation Code.
Utility systems development, confidential information, subdivision (e), Section 6254.
Utility user tax return and payment records, exemption from disclosure, Section 7284.6, Revenue and Taxation Code.
Vehicle registration, confidentiality of information, Section 4750.4, Vehicle Code.
Vehicle accident reports, disclosure of, Sections 16005, 20012, and 20014, Vehicle Code and Section 27177, Streets and Highways Code.
Vehicular offense, record of, confidentiality five years after conviction, Section 1807.5, Vehicle Code.
Veterans Affairs, Department of, confidentiality of records of contract purchasers, Section 85, Military and Veterans Code.
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Veterinarian or animal health technician, alcohol or dangerous drugs diversion and rehabilitation records, confidentiality of, Section 4871, Business and Professions Code.
Victims' Legal Resource Center, confidentiality of information and records retained, Section 13897.2, Penal Code.
Voter, affidavit or registration, confidentiality of information contained in, Section 6254.4.
Voter, registration by confidential affidavit, Section 2194, Elections Code.
Voting, secrecy, Section 1050, Evidence Code.
Wards and dependent children, inspection of juvenile court documents, Section 827, Welfare and Institutions Code.
Section 6276.48. "Wards" to "Youth Authority"
Wards, petition for sealing records, Section 781, Welfare and Institutions Code.
Winegrowers of California Commission, confidentiality of producers' or vintners' proprietary information, Sections 74655 and 74955, Food and Agricultural Code.
Workers' Compensation Appeals Board, injury or illness report, confidentiality of, Section 6412, Labor Code.
Workers' compensation insurance, dividend payment to policyholder, confidentiality of information, Section 11739, Insurance Code.
Workers' compensation insurance fraud reporting, confidentiality of information, Section 1877.4, Insurance Code.
Workers' compensation insurer or rating organization, confidentiality of notice of noncompliance, Section 11754, Insurance Code.
Workers' compensation insurer, rating information, confidentiality of, Section 1 1752.7, Insurance Code.
Workers' compensation, notice to correct noncompliance, Section 11754, Insurance Code.
Workers' compensation, release of information to other governmental agencies, Section 1 1752.5, Insurance Code.
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Workers' compensation, self -insured employers, confidentiality of financial information, Section 3742, Labor Code.
Workplace inspection photographs, confidentiality of, Section 6314, Labor Code.
Youth Authority, parole revocation proceedings, confidentiality of, Section 1767.6, Welfare and Institutions Code.
Youth Authority, release of information in possession of Youth Authority for offenses under Sections 676, 1764.1, and 1764.2, Welfare and Institutions Code.
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SECTION 10
OF IE.jp
CITY OF TEMECULA
41000 Main Street
Temecula, California 92590
Main City Hall Phone: (951) 694-6444
Mayor/City Council Phone: (951) 506-5100
Website: www.TemeculaCA.gov
RESOURCE LIST
COUNCIL MEMBERS
Matt Rahn Mayor (matt. rahn(a-)temeculaca.gov)
Zak Schwank Mayor Pro Tempore (zak.schwank(a)temeculaca.gov) Jessica Alexander Council Member(iessica.alexander(a�temeculaca.gov) Maryann Edwards Council Member(marvann.edwards(aDtemeculaca.gov) James "Stew" Stewart Council Member(james.stewart(aDtemeculaca.gov)
EXECUTIVE STAFF
Unless otherwise indicated, executive staff can be reached through main mailing address and phone number above and email address template of firstname.lastname(a)temeculaca.pov.
Aaron Adams City Manager
John Crater Division Fire Chief (john.crater(a-)fire.ca.gov) Phone: (951) 694-6405 California Department of Forestry and Fire Protection (CAL Fire) Station #12 (Mercedes) 676-2161, Station #73 (Enterprise Circle W.) 699-4517 Station #83 (Sky Canyon) 696-0962, Station #84 (Pauba) 693-0683 Station #92 (Wolf Valley) 302-1497, Station #95 (Roripaugh Ranch) 676-2126 Isaac Garibay Director of Human Resources / Risk Management Zach Hall Chief of Police (zhall(a)riversidesheriff.org) Riverside Sheriff's Department
P. O. Box 892050, Temecula 92589
30755-A Auld Road, Murrieta 92563
Office: (951) 696-3000 Non -Emergency: (800) 950-2444
Kevin Hawkins Assistant City Manager
Jennifer Hennessy Director of Finance / City Treasurer
Mike Heslin Director of Information Technology / Support Services Randi Johl Director of Legislative Affairs / City Clerk Erica Russo Interim Director of Community Services
Patrick Thomas Director of Public Works
Peter Thorson City Attorney (pthorson(cDrwglaw.com)
Richards, Watson & Gershon
355 South Grand Avenue, 4011 Floor
Los Angeles, California 90071-3101
Phone: (213) 626-8484
Luke Watson Deputy City Manager / Director of Community Development
Item No. 7
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: January 18, 2022
SUBJECT: Approve Second Amendment to the Agreement with Placeworks Inc. for the Creation of Objective Design Standards
PREPARED BY: Brandon Rabidou, Senior Management Analyst RECOMMENDATION: That the City Council approve the second amendment to the agreement for consultant services with Placeworks Inc., in the amount of $3,000, for Fiscal Year 2021-2022.
BACKGROUND: On June 18, 2020, the Community Development Department entered into an agreement with Placeworks Inc. for the creation of Objective Design Standards in response to changes in state law. The agreement was amended on July 19, 2021, to account additional legal and quality assurance reviews by staff.
The proposed amendment to the Objective Design Standards is requested to incorporate additional Objective Design Standards to address the recent passage of Senate Bill 9. Staff recommends the approval of the agreement with Placeworks Inc. in the amount of $3,000 for the additional scope of work for this project.
FISCAL IMPACT: Adequate funds are available in the Annual Operating Budget for Fiscal Year 2021-2022.
ATTACHMENTS: Second Amendment — Placeworks Inc.
SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND PLACEWORKS INC.
MULTIFAMILY AND MIXED -USE OBJECTIVE DESIGN STANDARDS
THIS SECOND AMENDMENT is made and entered into as of January 18, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Placeworks Inc., a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. This Amendment is made with the respect to the following facts and purposes:
a. On June 18, 2020, the City and Consultant entered into that certain Agreement entitled "Agreement for Multifamily and Mixed -Use Objective Design Standards," in the amount of $55,000.00
b. On July 19, 2021, the City entered into a First Amendment to that certain agreement entitled "Agreement for Multifamily and Mixed -Use Objective Design Standards" to increase the payment in the amount of $5,000.00 for a total agreement amount of $60,000.00, and to extend the term of the agreement to June 30, 2022.
C. The parties now desire to add scope of work, increase the payment in the amount of $3,000.00, and to amend the Agreement as set forth in this Amendment.
2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:
The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Three Thousand Dollars and Zero Cents ($3,000.00), for additional services related to the preparation of design standards for a total Agreement amount of Sixty Three Thousand Dollars and Zero Cents ($63,000.00).
3. Exhibit A & B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.
4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF TEMECULA
By:
Maryann Edwards, Mayor
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
PLACEWORKS INC.
By:
Randal W. Jackson, resi nt
By:
Karen Gulley, Vice President
CONSULTANT
Place_works, Inc.
Alan Loomis
3 MacArthur Place, Suite 1100
_Santa Ana, CA 92707
(714) 966-9220
[email protected]
City Purchasing Mgr.
Ini ials ano Date:
[ hl_
2 O8109/2021
ATTACHMENT A
EXHIBIT A
Attached hereto and incorporated herein as though set forth in full is the additional scope of work as provided by the Consultant.
08/09/2021
EXHIBIT B
Cost for services shall be as per Consultants proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed 63 000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
08/09/2021
? ACEWORKS
October 19, 2021
Sara Toma, Planner
City of Temecula
Community Development Department
41000 Main Street
Temecula, CA 92590
Subject: Additional Services related to Multifamily and Mixed -Use Objective Design Standards Dear Sara:
As a follow up to our conversation Friday October 15,1 am submitting an scope of work for additional services related to the preparation of Multi -Family and Mixed -Use Objective Design Standards.
Additional Scope of Work
Task 1. Prepare Pages to each Architectural Style to describe Duplex -scale development At your request, we will prepare an additional sheet for each of the six architectural style descriptions to address duplex -type development that may be generated by S139 and related legislation. This additional page will follow the page describing mixed -use development for each architectural style and will be substantively modeled after the mixed -use standards page.
Cost Estimate
The following is the proposed budget for the scope of work. We expect this work to take approximately 24 hours of overall staff time.
Table 1. Cost Estimate
TASK
COST
Task1. Prepare Pages to describe Duplex -scale development $ 3,000
Subtotal
$ 3,000
GRAND TOTAL
j $3,000
Q PLACEWORKS
PlaceWorks - 2020 Standard Fee Schedule
STAFF LEVEL
HOURLY BILL RATE
Principal
Associate Principal
Senior Associate/Senior Scientist
Associate/Scientist
$215-$335
$190-$235
$160-$215
$135-$170
Project Planner/Project Scientist
Planner/Assistant Scientist
$105-$145
$80-$110
Graphics Specialist
$90-$135
Administrator
$145-$200
Clerical/Word Processing
$45-$150
Intern
$75-$95
Subconsultants are billed at cost plus 10%_
Mileage reimbursement rate is the standard IRS -approved rate Last Updatc: 2020-01-03
June 1, 20211 Page 2
PLACEWORKS
Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of submittal.
We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to contact the undersigned.
Respectfully submitted,
PLACEWORKS
Alan Loomis
Principal
June 1, 20211 Page 3
Item No. 8
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 18, 2022
SUBJECT: Adopt Resolution Approving a Purchase and Sale Agreement for the Purchase of an Approximate 325 Square Foot Permanent Easement on the Real Property Located South of Nicolas Road and West of Butterfield Stage Road (APN's 957- 130-003 and 957-130-013) in Connection with Drainage, Flood Control, and Flood Channel Improvements Along the Santa Gertrudis Creek
PREPARED BY: Anissa Sharp, Office Specialist II
Ron Moreno, Principal Civil Engineer
Samantha Marconi, City Attorney's Office
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN PURCHASE AND
SALE AGREEMENT, SETTLEMENT AGREEMENT,
GENERAL RELEASE, AND JOINT ESCROW INSTRUCTIONS
BETWEEN THE CITY OF TEMECULA AND 3270 W.
LINCOLN LLC (RIVERSIDE COUNTY TAX ASSESSOR'S
PARCEL NUMBERS 957-130-003 AND 957-130-013)
BACKGROUND: The approximate 325 square foot permanet easement ("Subject Easement") is located on portions of the real property situated south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula and identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Subject Property"). 3270 W. Lincoln LLC, a California limited liability company ("3270 W. Lincoln"), is the owner of record of the Subject Property.
The Subject Property, of which the Subject Easement is a part, consists of approximately 158,558 square feet of vacant, unimproved land. It is encumbered by two Irrevocable Offers of Dedication ("Dedications") in favor of the Riverside County Flood Control and Water Conservation District ("District"). One Irrevocable Offer of Dedication was recorded April 21, 2006 as Document Number 2006-0290814 of Official Records of the County of Riverside. This first Irrevocable
Offer of Dedication dedicates an easement area of approximately 38,338 square feet over portions of the Subject Property identified as APN 957-130-013. The second Irrevocable Offer of Dedication was recorded April 21, 2006 as Document Number 2006-0290972 of Official Records of the County of Riverside. This second Irrevocable Offer of Dedication dedicates an easement area of approximately 100,795 square feet over portions of the Subject Property identified as APN 957-130-003.
The Subject Easement is required to complete proposed improvements to offsite drainage, flood control, and flood channel along the Santa Gertrudis Creek ("Project). It is also necessary for the construction, use, repair, reconstruction, inspection, operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works, including ingress and egress thereto, over, under, and across the 325 square foot Subject Easement.
Description of Project
The City of Temecula ("City") originally approved that certain Development Agreement between the City of Temecula and Ashby USA, LLC pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276.
Developer Woodside 055, LP, a California limited partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project.
To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions. Specifically, the Development Agreement contained a condition of approval requiring Developer to construct certain offsite public improvements in connection with the Santa Gertrudis Creek Channel. These Santa Gertrudis Creek Channel Improvements include the improvements to the Santa Gertrudis Creek upstream and downstream of the existing culverts at Butterfield Stage Road in accordance with the plans approved by the District.
The Project will construct drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek. The approximate 325 square foot Subject Easement is required to complete the offsite drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek in connection with the Project. The Subject Easement is also necessary for the construction, use, repair, reconstruction, inspection, operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works, including ingress and egress thereto, over, under, and across
the 325 square foot Subject Easement. The construction of the Project is required to protect the natural waterway along the Santa Gertrudis Creek that experiences seasonal water flow and to provide protection from flooding to properties in the vicinity of the Santa Gertrudis Creek. After the drainage, flood control, and flood channel improvements are constructed, the City proposes to transfer its rights to the 325 square foot Subject Easement to the District for maintenance.
Salient Terms of Agreement for Sale and Purchase of Subject Easement The City wishes to proceed with the proposed acquisition of the Subject Easement and the owner of record, 3270 W. Lincoln, wishes to sell the Subject Easement to the City. The parties agreed, subject to ratification of the attached Purchase and Sale Agreement, Settlement Agreement, General Release, and Joint Escrow Agreement ("Purchase and Sale Agreement"), that the City would pay to the owner of record the total consideration of $5,500.00. The Purchase and Sale Agreement specifies that, upon the close of escrow, the City will dismiss its Eminent Domain action against 3270 W. Lincoln within five (5) buisness days.
FISCAL IMPACT: The City will remit a total of $5,500.00 to the owner of record for acquisition of the Subject Easement. That payment is being remitted by the City from funds held in deposit account. Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California Corporation are responsible for all of the City's acquisition costs pursuant to that Certain Agreement Pursuant to Government Code Section 66462.5 Between Woodside 05S LP and Wingsweep Corporation, on the one hand, and City of Temecula, on the other, for Acquisition of Certain Real Property Interests (Sommers Bend) entered into as of May 19, 2020.
ATTACHMENTS:
1. Resolution
2. Purchase & Sale Agreement (325 square foot portion of real property located south of Nicolas Road and west of Butterfield Stage Road identified as APNs 957-130-003 and 957-130-013) and Exhibits:
• Exhibit "A" and Exhibit `B"- description and depiction of Subject Easememt
• Exhibit "C" Form of Grant of Permanent Easement
3. Map of Subject Property to be Acquired
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN PURCHASE
AND SALE AGREEMENT, SETTLEMENT AGREEMENT,
GENERAL RELEASE, AND JOINT ESCROW
INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND
3270 W. LINCOLN LLC (RIVERSIDE COUNTY TAX
ASSESSOR'S PARCEL NUMBERS 957-130-003 AND 957-130-
013)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Findings.
A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California. Pursuant to Government Code Section 37350, the City is authorized to purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit.
B. The City is a participant of the Santa Gertrudis Creek Channel Improvements Project ("Project") pursuant to the Development Agreement originally approved between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. As the Developer, Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project. To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D to said Third Amendment. Specifically, Condition 4.A. to Exhibit D requires the Developer to construct certain offsite public improvements in connection with the Santa Gertrudis Creek Channel.
C. The Project will construct drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek. In furtherance of the Project, the City seeks to acquire an approximate 325 square foot permanent easement ("Subject Easement") on portions of the real property located south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula and identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Subject Property"). The Subject Easement is required to complete the subject drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek. The construction of the Project is in the public interest and necessity and is required to protect the natural waterway along the Santa Gertrudis Creek that experiences seasonal water flow and to provide protection from flooding to properties in the vicinity of the Santa Gertrudis Creek.
D. Pursuant to Resolution No. 2021-47, the City of Temecula City Council authorized the City Attorney's Office to file an eminent domain proceeding for the acquisition of the Subject Easement. The City filed its Complaint in Eminent Domain against the owner of the Subject
Property, 3270 W. Lincoln LLC ("3270 W. Lincoln"), on October 12, 2021 in Riverside County Superior Court as Case No. CVSW2108934 ("Lawsuit"). In furtherance of the Lawsuit, the City deposited with the State Treasurer's Office the probable just compensation amount of $500.00 for the Subject Easement based on an independent appraisal of the fair market value of the Subject Easement. Along with the Summons and Complaint in Eminent Domain, the City filed and served on 3270 W. Lincoln's agents a Notice of Deposit of Just Compensation, a Declaration of Appraiser in Support of Deposit of Just Compensation, and a Notice of Lis Pendens, which was recorded in the Official Records of the County of Riverside. On December 3, 2021, council for 3270 W.
Lincoln contacted the City Attorney's Office and offered a settlement to the City of $5,500 for the Subject Easement. The City wishes to proceed with the proposed acquisition of the Subject Easement and the owner of record, 3270 W. Lincoln LLC, wishes to sell the Subject Easement to the City.
Section 2. Approval of Agreement for Purchase and Sale of the Subiect Easement over Portions of the Real Property Identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 and Exhibits Thereto, and Authority of City Manager to Implement the Sale of the Subject Easement. The City Council of the City of Temecula finds that the acquisition of the Subject Easement located on portions of the real property identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957- 130-013 is for the common benefit and for the benefit of the City. The construction of the Project benefits the community because it seeks to reduce the risk of flooding along the Santa Gertrudis Creek. Accordingly, the City Council of the City of Temecula hereby approves that certain Purchase and Sale Agreement, Settlement Agreement, General Release, and Joint Escrow Instructions between 3270 W. Lincoln LLC and the City of Temecula ("Agreement") attached hereto and incorporated herein by this reference, with such changes in the Agreement as may be mutually agreed upon by 3270 W. Lincoln LLC and the City Manager as are in substantial conformance with the form of the Agreement on file in the Office of the City Clerk. The City Manager is hereby authorized to execute the Agreement and Grant Deed conveying to the City the approximate 325 square foot permanent easement located on portions of the real property situated south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula and identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013. A copy of the final Agreement, when executed by the City Manager, shall be placed on file in the Office of the City Clerk. A copy of the recorded Grant Deed shall also be placed on file in the Office of the City Clerk.
Section 3. City Manager's Authority. The City Manager (or the City Manager's designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities, and duties to be performed under the Agreement, including but not limited to, the Grant Deed conveying the Subject Easement located on portions of the real property identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013, escrow instructions, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement and to effectuate the transfer to the City of the Subject Easement.
Section 4. Certification. The City Clerk shall certify the adoption of this resolution.
N
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 18th day of January, 2022.
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 18th day of January, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
PURCHASE AND SALE AGREEMENT, SETTLEMENT AGREEMENT,
GENERAL RELEASE, AND JOINT ESCROW INSTRUCTIONS
BETWEEN CITY OF TEMECULA AND 3270 W. LINCOLN LLC IN
CONNECTION WITH THE SANTA GERTRUDIS CREEK DRAINAGE,
FLOOD CONTROL, AND FLOOD CHANNEL IMPROVEMENTS
(PORTIONS OF APNS 957-130-003 AND 957-130-013)
This Agreement for Purchase and Sale, Settlement, General Release, and Joint Escrow Instructions between the City of Temecula and 3270 W. Lincoln LLC in Connection with the Santa Gertrudis Creek Drainage, Flood Control, and Flood Channel Improvements (Portions of APNs 957-130-003 and 957-130-013) ("Agreement") is entered into by and between the City of Temecula, a municipal corporation ("Buyer" or "City"), and 3270 W. Lincoln LLC, a California limited liability company ("Seller"), and constitutes an agreement to purchase and sell certain real property interests between Seller and Buyer and the joint escrow instructions directed to First American Title Company ("Escrow Holder"). Seller and Buyer are referred to below collectively as the "Parties". The Agreement is effective on the date it is fully executed by the Parties ("Effective Date").
RF.f TTAUq
A. Seller is the record owner of that certain vacant real property located south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula, California, and identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Property"). The Property is approximately 158,558 square feet (3.64 acres) in size.
B. City originally approved that certain Development Agreement between the City of Temecula and Ashby USA, LLC pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013- 0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016- 0156276.
C. Developer Woodside 05S, LP, a California limited partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project.
D. To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions.
Specifically, the Development Agreement contained a condition of approval requiring Developer to construct certain offsite public improvements in connection with the Santa Gertrudis Creek Channel. These Santa Gertrudis Creek flood channel improvements include the construction of -1-
drainage, flood control, and flood channel improvements to Santa Gertrudis Creek upstream and downstream of the existing culverts at Butterfield Stage Road in accordance with the plans approved by the Riverside County Flood Control and Water Conservation District.
E. City extended to Seller a written offer dated November 5, 2020 pursuant to Government Code Section 7267.2 to purchase an approximate 325 square foot permanent easement located over portions of the Property ("Subject Easement") for public use, namely for drainage, flood control, and flood channel improvement purposes and all uses necessary or convenient thereto along the Santa Gertrudis Creek ("Project"). The approximate 325 square foot Subject Easement that City seeks to acquire is described more particularly in Exhibit "A" hereto and depicted on Exhibit "B" hereto, which are incorporated herein by this reference. There are no structures or site improvements in the area of the Subject Easement.
F. City made several attempts to negotiate with Seller to purchase the Subject Easement, but Seller indicated to City that it was not interested in selling the Subject Easement to the City. Based on the timing of the Project, it was necessary for the City Council to consider the acquisition of the Subject Easement by eminent domain.
G. On August 24, 2021, the City Council of the City of Temecula adopted Resolution No. 2021-47, a Resolution of Necessity authorizing the City Attorney's Office to file an eminent domain proceeding for the acquisition of the Subject Easement. The City filed a Complaint in Eminent Domain against Seller on October 12, 2021 in Riverside County Superior Court as Case No. CVSW2108934 ("Lawsuit"). In furtherance of the Lawsuit, City deposited with the State Treasurer's Office the probable just compensation amount of $500.00 for the Subject Easement based on an independent appraisal of the fair market value of the Subject Easement. Along with the Summons and Complaint in Eminent Domain, the City filed and served on Seller's agents a Notice of Deposit of Just Compensation, a Declaration of Appraiser in Support of Deposit of Just Compensation, and a Notice of Lis Pendens, which was recorded in the Official Records of the County of Riverside.
H. Pursuant to Resolution No. 2021-47, the City Council found that the City was authorized to acquire the Subject Easement by eminent domain based on the authority conferred on the City of Temecula to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40404, and 66462.5, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and by other provisions of law. Code of Civil Procedure, Section 1240,010 provides that "[t]he power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use." Government Code Section 66462.5(c) authorizes the City and the developer of a project for which the construction of offsite improvements are required to enter into an agreement requiring the developer to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires an interest in the land that will permit such improvements to be constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by negotiation or commence eminent domain proceedings pursuant to Title 7 (commencing with -2-
Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article (commencing with Section 1255.410) of Chapter 6 of that title." I. After the commencement of the Lawsuit, the Parties have negotiated in good faith and have reached an agreement regarding the City's purchase of the Subject Easement.
J. Seller desires to sell to City the Subject Easement, and City desires to purchase the Subject Easement outside of the Lawsuit subject to the terms and conditions set forth herein.
K. Seller acknowledges that City intends to transfer its interest in the Subject Easement to the Riverside County Flood Control and Water Conservation District.
L. The Parties desire to fully and completely settle and dispose of the Lawsuit upon the Close of Escrow (as defined in Section 2 below).
NOW, THEREFORE, in consideration of the above Recitals and for other valuable consideration, the sufficiency of which is hereby acknowledged, City and Seller agree as follows.
1. Purchase and Sale. On the Close of Escrow, as defined in Section 2 below, Seller agrees to sell the Subject Easement described in Exhibit "A" and depicted on Exhibit "B" to the City and City agrees to purchase the Subject Easement from Seller on the terms and conditions set forth in this Agreement.
2. Opening and Close of Escrow. Within five (5) business days after the Effective Date, City will deliver a copy of the fully -executed Agreement to Escrow Holder. Opening of Escrow means the date on which Escrow Holder receives a copy of the fully -executed Agreement.
The Parties can execute the Agreement in counterparts as set forth in Section 19.d. below. This Agreement shall serve as the instructions to Escrow Holder for consummation of the transactions contemplated hereby. City and Seller agree to execute such additional and supplementary escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any supplementary escrow instructions, the terms and provisions of this Agreement shall control. For the purposes of this Agreement, "Close of Escrow" shall be the date on which the Grant of Permanent Easement for the Subject Easement in favor of City is recorded in the Official Records of the Riverside County Recorder's Office.
Provided all of Seller's and City's obligations to be performed on or before Close of Escrow have been performed and all the conditions to the Close of Escrow set forth in this Agreement have been satisfied, escrow shall close thirty (30) calendar days after the Opening of Escrow ("Closing Date"). All risk of loss or damage with respect to the Subject Easement shall pass from Seller to City at the Close of Escrow. Possession of the Subject Easement shall be delivered to Buyer upon the Close of Escrow.
3. Purchase Price. The total purchase price that City will pay to Seller for the Subject Easement is the sum of $5,500.00 (Five Thousand Five Hundred Dollars) ("Purchase Price") for the fair market value of the Subject Easement. No attempt has been made to assign value to the lesser interest in the Subject Easement. Thus, the Purchase Price is the total price for the Subject 11c12
Easement without distinction or separation for various interests that may be held in the Subject Easement. Seller is responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist in the Subject Easement.
4. Dismissal of Eminent Domain Lawsuit. Upon the Close of Escrow, City will dismiss the Lawsuit within five (5) business days.
5. Title and Title Insurance.
a. Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Subject Easement. Escrow Holder will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to City and Seller. Escrow Holder will insure City's easement interest in the Subject Easement described in Exhibit "A" and depicted on Exhibit "B" to this Agreement at the Close of Escrow by a CLTA Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Form of Title Policy ("Alta Extended Policy") if the City elects such coverage as provided below in Section 4.b.) in the amount of the Purchase Price ("Title Policy"), with liability in the full amount of the Purchase Price, insuring the City's easement interest in the Subject Easement as vested in City, free and clear of all monetary liens and encumbrances and other matters affecting title to the Subject Easement, except for the permitted title exceptions defined below and any permitted conditions of title that Buyer approves in writing (collectively "Permitted Title Exceptions):
i. General and special real property taxes and assessments for the then current tax fiscal year which are a lien not then due and payable; ii. The applicable zoning, building, and development regulations of any municipality, county, state, or federal jurisdiction affecting the Subject Easement; iii. Such other non -monetary exceptions listed in the Preliminary Title Report that City has approved within ten (10) business days after the date the City receives the title commitment and legible copies of instruments noted as exceptions therein. If City conditionally disapproves any exceptions, then Seller will use good faith efforts to seek to cause such exceptions to be removed by the Close of Escrow. In no event will Seller be required to file any legal action to seek to remove any exception conditionally disapproved by the City. If such conditionally disapproved non -monetary exceptions are not removed by the Close of Escrow, the City may, at the City's option, either accept the Subject Easement subject to such encumbrances or terminate the Escrow. In the event Escrow is terminated, within ten (10) business days of the written notice of termination to Escrow, Escrow will disburse the City any funds deposited into Escrow by City less any escrow cancellation charges.
iv. Any exceptions directly or indirectly caused by City or City's agents, employees or contractors.
b. The City will have the option of obtaining an ALTA Extended Policy or a CLTA Standard Coverage Policy of Title Insurance. If the City, in its sole discretion, determines -4-
to obtain an ALTA Extended Policy, the City will, at its expense, procure an ALTA survey. The City will also pay for the cost of any such ALTA Extended Policy.
C. Acts After Date of Agreement. During the period from the date of this Agreement through the Close of Escrow, Seller shall not encumber the Subject Easement, record or permit to be recorded any document or instrument relating to the Subject Easement, or physically alter the Subject Easement or permit or cause to be altered without the prior written consent of Buyer, which consent may be withheld in Buyer's sole and absolute discretion.
6. Escrow.
a. Deposit of Funds in Escrow. City covenants and agrees to deposit with Escrow Holder the Purchase Price within ten (10) business days of the Opening of Escrow. City also covenants and agrees to deposit such escrow funds as are required within five (5) business days of receiving written notice from Escrow holder regarding the confirmation of the completion of the conditions required herein for the Close of Escrow. b. Deposit of Documents in Escrow by Seller. Seller covenants and agrees to deposit with Escrow Holder the following documents within ten (10) business days of the Opening of Escrow:
i. Grant of Permanent Easement. The Grant of Permanent Easement in the form attached as Exhibit "C" hereto ("Grant of Permanent Easement") duly executed and acknowledged by Seller. Exhibit "C" is attached hereto and incorporated herein by this reference. ii. A California 593 certificate and federal non -foreign affidavit. iii. Any other documents reasonably required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow.
C. Deposit of Documents in Escrow by City.
i. Certificate of Acceptance. An executed Certificate of Acceptance in the form attached to the Grant of Permanent Easement (attached hereto as Exhibit "C"). ii. A Withdrawal of Lis Pendens in connection with the Lawsui. iii. Any other documents reasonably required by Escrow Holder to be deposited by Buyer to carry out this escrow.
d. recordation of Grant of _Permanent Easement; Delivery of Funds and Possession. Upon receipt of the funds and instruments described in Section 6, Escrow Holder shall cause the Grant of Permanent Easement to be recorded in the Office of the County Recorder of Riverside County, California. Escrow Holder shall also cause the Withdrawal of Lis Pendens relating to the Lawsuit to be recorded in the Office of the County Recorder of the County of Riverside. Thereafter, Escrow Holder shall deliver the proceeds of this escrow (less appropriate charges as shown on a preliminary Settlement Statement executed by City and Seller) to Seller, and Seller shall deliver possession of the Subject Easement to City free and clear of all occupants. -5-
e. Prorations. Real property taxes for the Subject Easement shall not be prorated, but must be paid by Seller for the current tax period. Seller may apply for a refund of property taxes in the event any property taxes paid are allocable to the period after the Close of Escrow and City shall reasonably cooperate therewith. City, as a municipal corporation acquiring property for Phase II, is exempt from property taxes pursuant to Revenue and Taxation Code Section 11922, and other provisions of law. All property assessments shall be prorated between Buyer and Seller as of the Close of Escrow based on the latest available tax information. All prorations for such assessments shall be determined on the basis of a 365-day year. Escrow Holder is authorized to pay from the Purchase Price any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds recorded against the Subject Easement.
f. Costs of Escrow. City will pay for the cost of the Title Policy (or ALTA Extended Policy if City elects to obtain such extended coverage). City will also pay for escrow fees and Escrow Holder's customary out-of-pocket expenses for messenger services, long distance telephone calls, etc. City will pay for recording the Grant of Permanent Easement, and any documentary or other local transfer taxes, if any, and for any recording costs (if any). City will also pay for the costs of an ALTA survey if it determines to obtain an ALTA Extended Policy. g. Escrow Cancellation Charges. If escrow fails to close through no fault of either party, City will pay all escrow and title cancellation charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges.
7. Conditions to the Close of Escrow. Escrow shall not close unless and until both Parties have deposited with Escrow Holder all sums and documents required to be deposited as provided in Section 6. Additionally, City's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for City's benefit and may be waived only by City:
a. Seller shall have performed all obligations to be performed by Seller hereunder.
b. Title Company shall have issued or shall have committed to issue the Title Policy to City, for the amount of the Purchase Price, showing the City's easement interest in the Subject Easement, subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the approximate 325 square foot Subject Easement, so that said Subject Easement is free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Subject Easement.
C. If any of the conditions to Close of Escrow are not timely satisfied for a reason other than a default of City or Seller under this Agreement, and this Agreement is terminated, then upon termination of this Agreement, Escrow Holder will promptly return to City all funds (and all interest accrued thereon, if any) and documents deposited by City in escrow and IN
return to Seller the documents deposited by Seller in escrow that are held by Escrow Holder on the date of the termination (less any escrow cancellation charges).
8. Representation and Warranties of Seller. Seller hereby represents and warrants to City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
a. That to the best of Seller's knowledge on the Close of Escrow (i) the Subject Easement will be free and clear of Hazardous Materials (defined in Section 14.a. below) or toxic substances and waste, including, but not limited to, asbestos, and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Subject Easement or alleged violation of Environmental Laws (defined in Section 14.b. below), health or safety statutes, ordinance, or regulations.
b. That Seller is the record fee owner of the Property and no other party has a fee interest in any portion of the Subject Easement. Seller will not further encumber the Subject Easement or allow the Subject Easement to be further encumbered prior to the Close of Escrow.
C. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Subject Easement to City, violates or will violate any contract, agreement, or instrument to which Seller is a party, or which affects the Subject Easement, and the Seller's grant to City of the Subject Easement pursuant to this Agreement does not require the consent of any party not a signatory hereto.
d. Except as disclosed in the title commitment referred to in Section 4.a, there are no claims or liens presently claimed or that will be claimed against the Subject Easement by contractors, subcontractors, or suppliers, engineers, architects, surveyors or others that may have lien rights for work performed or commenced prior to the Effective Date. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including reasonable attorneys' fees, arising from or relating to any such lien or any similar lien claimed against the Subject Easement and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual rights or options to lease, purchase, or otherwise enjoy possession, rights, or interest of any nature in and to the Subject Easement, or any part thereof, and no persons have any right of possession to the Subject Easement, or any part thereof. Seller agrees to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorneys' fees, arising from or relating to any claims by any person or entity claiming rights to possession of any portion of the Subject Easement. f. Excluding the Lawsuit, Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other party before any court or administrative tribunal that involves the Subject Easement.
9. Representations and Warranties of City. City hereby represents and warrants to Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow:
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a. City has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement.
b. City has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein.
10. Total Consideration and Withdrawal of Probable Just Compensation. a. The Parties agree that City's payment to Seller of the Purchase Price set forth in this Agreement is an all-inclusive settlement and is the full and complete consideration and payment of just compensation for the fair market value of the Subject Easement, any improvements located on the Subject Easement, severance damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, appraisal costs, loss of rents, lost profits, any other damages of every kind and nature suffered by Seller by reason of City's acquisition of the Subject Easement, the Project for which City is acquiring the Subject Easement, the Lawsuit, and all costs and expenses whatever in connection therewith. b. The Parties further agree that based on the City's payment of the Purchase Price for the benefit of Seller, the City is authorized to withdraw the $500.00 deposited with the State Treasurer's Office as the amount of probable just compensation for the Subject Easement in connection with the Lawsuit.
11. Business Goodwill and Relocation Assistance.
a. No Loss of Business Goodwill. Seller agrees and acknowledges that Seller will not suffer any loss of business goodwill under Code of Civil Procedure Section 1263.510 as a result of City's acquisition of the Subject Easement or the construction of the Project. The Property is a vacant parcel and no business operates on the Property. Under Code of Civil Procedure Section 1263.510, the owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, will be compensated for loss of goodwill if the owner proves that (i) the loss is caused by City's acquisition of the property or the injury to the remainder; (ii) the loss cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill; (iii) compensation for the loss will not be included in payments under Government Code Section 7262; and (iv) compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner.
b. No Relocation Assistance. The Property is approximately 158,558 square feet (3.64 acres) in size. It is a vacant parcel. The City's acquisition of the Subject Easement will not result in the displacement of any person or business. Accordingly, no relocation assistance and benefits pursuant to applicable federal or state relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. Section 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations) are triggered as a result of the City's acquisition of the Subject Easement in connection with the Project.
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12. Releases.
a. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases City, its Councilmembers, officers, counsel, employees, representatives and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of City's efforts to acquire the Subject Easement, or any preliminary steps thereto. Seller further releases and agrees to hold City harmless from any and all claims and causes of action asserted by any party claiming to have rights to possession of any portion of the Subject Easement. b. Seller acknowledges that it may have sustained damage, loss, costs or expenses that are presently unknown and unsuspected, and such damage, loss, costs or expenses that may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code Section 1542 as it relates to the releases set forth in this Section 12, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
1 Seller's Initials: City's Initials:
Seller's waiver of rights and release of claims set forth above in Section 12.a. and Section
12.b. will not extend to and is not intended to extend to claims related to or alleged to arise out of negligence on the part of City, its agents or contractors, in connection with the physical construction of the Project.
This Section 12 will survive the Close of Escrow.
13. City's Contingencies. For the benefit of City, the Close of Escrow and City's obligation to consummate the purchase of the Subject Easement is contingent upon and subject to the occurrence of all of the following (or City's written waiver thereof, it being agreed that City can waive any or all such contingencies) on or before the Close of Escrow:
a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct;
b. The delivery to Escrow Holder of all documents pursuant to Section 6 of this Agreement;
W
C. Escrow Holder's commitment to issue, in favor of City, the Policy with liability equal to the Purchase Price showing City's interest in the Subject Easement, subject only to the Permitted Title Exceptions; and
d. City's approval prior to the Close of Escrow of any due diligence testing, environmental site assessment, soils or geological reports, or other physical inspections of the Subject Easement that City might perform prior to the Close of Escrow.
14. Certain Definitions.
a. The term "Hazardous Materials" will mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws.
b. The term "Environmental Laws" will mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the Effective Date relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C.
Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the Effective Date.
-10-
15. Evidence in Court Proceeding. The Parties agree that the total Purchase Price of $5,500.00 or any inference of per square foot value of the Subject Easement on said Purchase Price will not be admissible as evidence of the fair market value of the Subject Easement in any eminent domain or other proceeding or litigation concerning the Subject Easement, or any portion thereof.
16. Default. In the event of a breach or default under this Agreement by either City or Seller, the non -defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Subject Easement by delivering written notice thereof to the defaulting party and to Escrow Holder, and if City is the non -defaulting party, City will thereupon promptly receive a refund of all of the deposits it deposited with Escrow Holder, if any, less City's share of any escrow cancellation charges. Such termination of the escrow by a non -defaulting party will be without prejudice to the non -defaulting party's rights and remedies at law or equity.
17. Notices. All notices and demands will be given in writing by personal delivery, certified mail, postage prepaid, and return receipt requested, or by Federal Express or other overnight carrier. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with Federal Express or other overnight carrier. A copy of all notices will be sent to Escrow Holder. The Parties will address such notices as provided below or as may be amended by written notice:
BUYER: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
COPY TO: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
SELLER: 3270 W. Lincoln LLC,
a California limited liability company
19871 Yorba Linda Boulevard, Suite 102
Yorba Linda, California 92886
Attention: Tilak Chopra
ESCROW First American Title Insurance Company
HOLDER: One Ridgegate Drive Suite 225
Temecula, California 92590
Telephone No. 951.296.2948
Attention: Debbie Fritz, Escrow Officer
Electronic Mail: [email protected]
18. Broker Commissions. No brokers represented the Parties in connection with this transaction. Seller will be solely responsible for the payment of any and all broker's commissions -11-
or similar compensation due to any broker representing Seller, if any, and Seller will defend, indemnify and hold the City harmless from and against any and all claims for any broker's commissions or similar compensation that may be payable to any broker claiming it represented Seller in connection with this transaction. Each party will defend, indemnify and hold harmless the other party from and against all claims of any agent, broker, finder or other similar party based upon such party's own acts in connection with this transaction. The provisions of this Section 18 will survive the Close of Escrow.
19. Miscellaneous.
a. Amendments. Any amendments to this Agreement will be effective only when duly executed by both City and Seller and deposited with Escrow Holder. b. Attorneys' Fees. In any action between Buyer and Seller seeking enforcement of any of the terms and provisions of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses.
C. Entire Agreement. This Agreement contains all of the agreements of the Parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose.
d. Counterparts, Facsimile, and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures/counterparts to this Agreement will be effective as if the original signed couliterpart were delivered.
e. Time of the Essence. Time is of the essence of this Agreement. f. Governing Law. This Agreement is deemed to have been prepared by each of the Parties hereto, and any uncertainty or ambiguity herein will not be interpreted against the drafter, but rather, if such uncertainty or ambiguity exists, will be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California, and not the substantive law of another state or the United States or federal common law. This Agreement will be deemed to have been executed and delivered within the State of California, and the rights and obligations of the Parties will be governed by, and construed and enforced in accordance with, the laws of the State of California.
g. Third Parties. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. h. Additional Documents. Each party hereto agrees to perform any further acts and to execute, acknowledge, and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. -12-
i. Authority of City Manager. The City Manager may give any and all notices, consents, and terminations hereunder on behalf of the City provided they are in writing. The City Manager may execute the Agreement, Certificate of Acceptance, escrow documents, and any such documents or instruments that are necessary to effect the transfer of property interests contemplated herein.
j. Interpretation and Construction. Each of the Parties has reviewed the Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Agreement.
k. Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies.
1. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid.
in. Exhibits. The Exhibits attached hereto are incorporated in this Agreement by this reference.
[SIGNATURES ON NEXT PAGE]
-13-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below.
SELLER
3270 W. Lincoln LLC, a California limited
liability company
Dated:—bJ 2 C 12 By:
Dated:
-14-
Title: ) nCjv1N
BUYER
City of Temecula, a municipal corporation
Aaron Adams, City Manager
ATTEST:
Randi Johl, City Clerk
C111 91 1 imelte"'U"
By:
Peter M. Thorson, City Attorney
Exhibit "A"
Legal Description of Subject Easement
EXHIBIT "A"
FLOOD CONTROL EASEMENT
That portion of that certain parcel of land designated "Not A Part" on Map filed in Book 1, Page 64 of Parcel Maps, Riverside County Records, being a portion of Parcel "A" as described in Grant Deed recorded Novernber 9, 2005 in Docurnent No. 2005-0931546, Official Records of said County, State of California, lying within Section 20, Township 7 South Range 2 West, San Bernardino Base and Meridian, more particularly described as follows:
COMMENCING at the centerline, intersection of Butterfield Stage Road (110.00 feet wide) and Nicholas Road (110.00 feet wide) as shown on Tract Map No. 29353-2, as filed in Book 342, Pages 73 through 85, inclusive of Maps in the office of the County Recorder of said County, said point being the beginning of a non -tangent 1600.00 foot radius curve, concave Southeasterly, a radial line to said point bears North 53053'27' West;
THENCE Southwesterly along the centerline of said Butterfield Stage Road and the arc of said Curve through a central angle of 19'18'07", a distance of 539.01 feet to the Easterly prolongation of the Southerly line of said Parcel "A", THENCE along said Easterly prolongation, and non -tangent to said curve North 89'25'41" West, a distance of 57.20 feet;
THENCE continuing along said Easterly prolongation, North 89*25'41" West, a distance of 6.65 feet to the Southeast corner of said Parcel "A:', said point being on the Easterly line of an Irrevocable Offer of Dedication as described in Document No, 2006-0290972, recorded Apri[, 21, 2006, Official Records of said County, said point also being on the Easterly line of said Section 20;
THENCE along the Easterly line of said Parcel VA0, the Easterly line of said Irrevocable Offer of Dedication, and the Easterly line of said Section 20, North 00'34'18" East, a distance of 182.22 feet to a point an the Northerly line of said Parcel "A", said point being on the Northerly line of said Irrevocable Offer of Dedication; THENCE along said Northerly line, North 89025'41 " West, a distance of 97.18 feet to the TRUE POINT OF BEGINNING;
THENCE continuing along the Northerly line of said Irrevocable Offer of Dedication the following 5 courses:
THENCE South 74'48'13" West, a distance of '1194 feet to the beginning of a tangent
35.00 foot radius curve concave Northerly;
THENCE Westerly along the arc of said curve through a central angle of 19'25'18", a distance of 11.86 feet,
THENCE North 85'46'29" West, a distance of 75.59 feet to a line parallel with and 0,22 feet Southerly of the Northerly line of said Parcel "A'; THENCE along said parallel line, North 89'25*41 " West, a distance of 200.20 feet to the beginning of a tangent 466.00 foot radius curve concave Northerly; THENCE Westerly along the arc of said curve through a central angle of 01'45'08", a distance of 14.31 feet to a point on the Northerly line of said Parcel "A."; THENCE along said Northerly line, South 89'25'41" East, a distance of 315.10 feet to the TRUE POINT OF BEGINNING.
Containing 325 square feet, more or less.
This description was prepared by me or under by direction EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF,
William Rohal L.S. 8805
1— 11- Z011.
Date
Exhibit `B"
Depiction of Subject Easement
NO2.19'27"E RAO 325 SOFT. TPOS SHEET 1 OF 1
CE N89' 25' 41 "W 200.20' C2 �Z L3 —irR fYd
Q NORTHERLY LINE OF 11"a_3'S3'2T't ����
DETAIL "N' OFFER OF DEDICATION --�- _
t*OC
PER DOC. NO. 2006-0290972
N.T.S. RFC. 4-21-20"
Q
N'LY. E
ti PER DOC. NO.
n-
5�
i�
SEE DETAIL "A" TPDO fkSIIERLY
%CTI LINE
Sf.CTI[1H PO Ss
PARC�E. a
DOC. MO.2005-0931646 WILY. CO%-
RM 11.0-2005 NARC{;I, A
APR 957-134-4103 PER DOC.
ofR OF OfOECRTiCN— NO.20115-
PFR DDC. 110. 2MS-OM972 0931546
RM 4-21-2M eol
S89' 25'41" E556 r
Sly. LINE PAHCL'L A L5
PFR E) a NO.2OD5-0931546
f 1m
1 LINE TABLE g?3'j 1' 1VK RAID
Il t DIRECTION LENGTH
L11 - N 85-46'29' w 75.59, CURVE TABLE .3CpA.t
L2 5 74'46'13' W 13,94' NAh1' DELTA RADIUS ARC
L3 N 89'16'41' W 91 14, ------------ •------- SCAM f= 1€01 L4 N 89'25'41' W 57,20' C1 1'46'OB' 468.Op' 14,�31'
L5 N 69'25'41' W 6.655, 02 W2619" 35.00, 11,86,
16Q 0 100 260
1770 IUVPA AVF.NNE- BNNE ta0
RIV1!R,9101-,GA 82MI
ast,7e�,o7a7
CI3�i lYANi rlch. n4ine.nna,cnrn
�-wi��Ar S.11 fiyi-�k..y.•Srr�tW fYiy�i.11r4mfrH-Sw l>.e.l�n•IXw.M•fwxn EXHIBIT .,B„
FLOOD CONTROL EASEMENT
4h11?39111603 AM - 5lrvey-MaPPhg\iurveyy17U3AMPIhafi-FbdntrEaae-1,dgn PLO-1 DATEr 1t-JAN-2019 &4 47993
Exhibit "C"
Form of Grant of Permanent Easement
Recording Requested by
and when Recorded return to:
CITY OF TEMECULA
Attention: Randi Johl
City Clerk
41000 Main Street
Post Office Box 9033
Temecula, California 92589-9033
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No. 957-130-003 and 957-130-013 JX] Portion Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922).
GRANT OF PERMANENT EASEMENT
WHEREAS, 3270 W. Lincoln LLC, a California limited liability company, (referred to as "Grantor" below) is the record fee owner of the real property located south of Nicolas Road and west of Butterfield Stage Road, in the City of Temecula, County of Riverside, State of California, that is identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Grantor's Property"); and
WHEREAS, Grantor desires to grant to the City of Temecula, a municipal corporation, located in the County of Riverside, State of California (referred to as "Grantee" below) and Grantee desires to acquire from Grantor an approximate 325 square foot permanent easement on Grantor's Property for drainage, flood control, and flood channel improvement purposes along the Santa Gertrudis Creek, and all uses necessary or convenient thereto. Grantor acknowledges that Grantee intends to convey Grantee's interest in said permanent easement to the Riverside County Flood Control and Water Conservation District at a future date.
NOW THEREFOR, for good and valuable consideration, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee an approximate 325 square foot permanent easement on Grantor's Property for drainage, flood control, and flood channel improvement purposes, and all uses necessary or convenient thereto. The approximate 325 square foot permanent easement is described more particularly on Exhibit "A" hereto labeled "Legal Description of Easement" and depicted on Exhibit "B" hereto labeled "Depiction of Easement." Exhibits "A" and "B" are incorporated herein by this reference.
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA )
COUNTY OF " )
ova
On Qi ?, ce 7aL1 before me, fiea Notary Public, personally appeared r" L ,.�� who proved to me on the basis of
satisfactory evidence to be the person(s} whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. GLEli IN KIM
Comm, #234881G z
NOW Public - Caldomis 70p
tramp ange County
C . fob.24
OF NOTARY
(Seal)
A notary public or other officer completing this
certificate verifies only the identity of this individual who sigsted the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
IN WITNESS WHEREOF, the Grantor has executed this Grant of Permanent Easement on 202t.
GRANTOR:
3270 W. LINCOLN LLC
Name:
Title: qX\
SEE ATTACHED
CALIFORNIA
ACKNOWLEDGEMENT
CITY OF TEMECULA
Office of the City Clerk
41000 Main Street
P.O. Box 9033
Temecula, CA 92589-9033
CERTIFICATE OF ACCEPTANCE OF GRANT OF PERMANENT EASEMENT (Govt. Code § 27281)
(Assessor's Parcel Number 921-480-019)
This is to certify that the approximate 325 square foot permanent easement on the real property located south of Nicolas Road and south of Butterfield Stage Road, in the City of Temecula California, and identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 granted to the City of Temecula, a municipal corporation, pursuant to the attached Grant of Permanent Easement, is hereby accepted under the authority of the City Council of the City of Temecula and the City of Temecula consents to the recordation thereof by its duly authorized officer.
Dated: .2022 CITY OF TEMECULA
By:
Patrick Thomas
Director of Public Works
ATTEST:
By:
Randi Johl
City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
Exhibit "A"
Legal Description of Easement
EXHIBIT "A"
FLOOD CONTROL EASEMENT
That portion of that certain parcel of land designated "Not A Part" on Map filed in Book 1, Page 64 of Parcel Maps, Riverside County Records, being a portion of Parcel "A" as described In Grant Deed recorded November 9, 2005 in Document No. 2005-0931546, Official Records of said County, State of California, lying within Section 20, Township 7 South Range 2 West, San Bernardino Base and Meridian, more particularly described as follows:
COMMENCING at the centerline intersection of Butterfield Stage Road (110,00 feet wide) and Nicholas Road (110.00 feet wide) as shown on Tract Map No. 29353-2, as filed in Book 342, Pages 73 through 85, inclusive of Maps in the office of the County Recorder of said County, said point being the beginning of a non -tangent 1600.00 foot radius curve, concave Southeasterly, a radial line to said point bears North 53053'27" West:
THENCE Southwesterly along the centerline of said Butterfield Stage Road and the arc of said curve through a central angle of 19'18'07", a distance of 539,01 feet to the Easterly prolongation of the Southerly line of said Parcel "A", THENCE along said Easterly prolongation and non -tangent to said curve North 89"25'41" West, a distance of 57.20 feet-,
THENCE continuing along said Easterly prolongation, North 89'25'41" West, a distance of 6.65 feet to the Southeast comer of said Parcel "K, said point being on the Easterly line of an Irrevocable Offer of Dedication as described in Document No. 2006-0290972, recorded April 21, 2006, Official Records of said County, said point also being on the Easterly line of said Section 20",
THENCE along the Easterly line of said Parcel "A", the Easterly line of said Irrevocable Offer of Dedication, and the Easterly line of said Section 20, North 00'34'18" East, a distance of 182.22 feet to a point on the Northerly llne of said Parcel "A", said point being an the Northerly line of said Irrevocable Offer of Dedication; THENCE along said Northerly line, North 89'25'41" West, a, distance of 97.18 feet to the TRUE POINT OF BEGINNING;
THENCE continuing along the Northerly line of said Irrevocable Offer of Dedication the following 5 courses:
THENCE South 74048'13" West, a distance of 13,94 feet to the beginning of a tangent
35.00 foot radius curve concave Northerly;
THENCE Westerly along the arc of said curve through a central angle of 19'25'18", a distance of 11.86 feet;
THENCE North 8546'29" West, a distance of 75.59 feet to a line parallel with and 0.22 feet Southerly of the Northerly line of said Parcel "A'; THENCE along said parallel lkie, North 89'25'41 " West, a distance of 200.20 feet to the beginning of a tangent 468.00 foot radius curve concave Northerly-, THENCE Westerly along the arc of said curve through a central angle of 01'45'08", a distance of 14,31 feet to a point on the Northerly line of said Parcel "'N"; THENCE along said Northerly line, South, 89'25'41 " East, a distance of 315.10 feet to the TRUE POINT OF BEGINNING.
Containing 325 square feet, more or less.
This description was prepared by me or under by direction EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
William Rohal L.S. 8805
Date
Exhibit "B"
Depiction of Easement
NO2'19'27"E HAD - 325 50.1-r. MOB- SHEET 1 OF 1
Nos, 25,41"r 315.f0'
�q�7 C)
® NORMERI Y LINE OF AI53" 53 27 11 RAO_+
DETAIL "A" OFFER Cif DEDICATION �POC
NIT�S PER DOC. NO. 2006.0290972 --�
REC. 4-21-2006 ► ,
6� EASTERLY LINE
�Q SEE DETAIL'Ells•• TPOS SE'TKO 20
N'LT.I.INE PARCfc1. A ,1
PER DOC. NO. 2005-09311IG -_
L3 —'
--. � ...� -A. ,.� � �• -tea i
PARCEL A
em
DOC, NO.200"931648 u] SE'LY. Cgf7.
#a FIEC, 11-9.2006
PARCELA
APR 951 M-003 PER DOC.
OFFER OF OEOICA'I ION— NO.2005-
1 PER DOC. NO. 2006-02909T2 09a1546
-� REC. 4-Z1-206 �
"a83' 25' 41'� E 555, r.10'
5'LY. LINE PARCEL A L5 —1
PER DOC. NO.2ME-0931546
M72.l�lliA•111 oal�
LINE 1ARLc'
RARE
DIRECTION
LEM
L1
N 85'46'29' W
75.59,
CURVE TABLE
L2
5 74'40'13' W
13.91, WIE
DELTA RAOIU5 ARC
L3
N 89626'41' W
91.18, ----
---------•-----------------
L4
N 89'26'41' W
57.20' C1
1'46'08' 468.00' 14,11'
L5
N 89'25'41' W
6.65, C2
19°25'10' WOO' 11,86,
1770ierMAVENUE-WTU W
wWASWv CA BOO.
05i.3&7AFb7
�JdC}as1.761dt7.'!
1%llh"RFRIiT< �[SAS7ANi lµne�•.•••�., •'-..+
. n.i�i. '�� rn��l.� . o,nn.s,nsn. cxi�.u.t.m.�r• �..I..oy.�. • i n�
M�
1 SCAM i"= 100'
1o© a 160 260
EXHIBIT "B"
FLOOD CONTROL EASEMENT
Gl\lV%3\lM3 AM - SurverMappinq\SurVay\17693AMplltt-l'i1CnWEaee-1.dgn PL07 DATEa 41-JAN-2019 JM 17883
I/j/2022
Cummins & White, LLP
2424 S.E. Bristol Street, Suite 300
Newport Beach, CA 92660-0764
Map of Subject Property to be Acquired
NOV 19, 271 RAD 325 SO. FT. TPOB
589'25.41"F 315.10'
lk
ClN89' 25' 41 "w 200. 2' - C2 4
"THERLY LINE OF
DEfAiL"A" OFFER OF DEDICATION
N.T.S. PER DOC, N0. 2006-0290972
EEC. 4-21-NOS
EASTERLY LINE
J N'LY. LINE PARCEL AEE DETAIL "A" TPOR SECTION 20
o PER DOC. NO. 20DS-0931SIG
cv
a
a� --����
n52 a EARC,EL A
DOC_ NO- 2005-0931546 5E'LY. CAR.
REC_ II-9-2406 PARCEL A
bPN 957-130-643 PER DOC.
OFFER OF DE11ICAT1011NO.2005-
PER DOC, N0, NOG-029O 7 0931546
REC.4-21-2045 �a
5B9`25'4I"E 55E.00'
SILY. LINE PARCEL k LS
PER OCC. N0. 2045-0931546
SHEET 1 OF I
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Item No. 9
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: January 18, 2022
SUBJECT: Establish All -Way Stop Control at the Intersection of Roripaugh Road and Swallow Court
PREPARED BY: Anissa Sharp, Office Specialist II
Nick Minicilli, Senior Civil Engineer
RECOMMENDATION: That the City Council adopt a resolution entitled:
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, ESTABLISHING AN ALL -WAY STOP
CONTROL AT THE INTERSECTION OF RORIPAUGH ROAD
AND SWALLOW COURT AND FINDING THAT THE ACTION
IS EXEMPT FROM CEQA UNDER SECTION 15301(c) OF THE
CEQA GUIDELINES
BACKGROUND: In December 2021, the Public/Traffic Safety Commission considered a request to implement traffic calming measures at the intersection of Roripaugh Road and Swallow Court (Exhibit A). The traffic calming measures considered included an all -way stop control with striped pedestrian crosswalks which allows for a controlled pedestrian crossing across Roripaugh Road.
Roripaugh Road is a forty-four (44) foot wide residential collector roadway providing access to numerous single-family residences between Winchester Road and Nicolas Road. The posted speed limit on Roripaugh Road is 25 MPH and the Average Daily Traffic (ADT) volume on is approximately 2,700 ADT. Recent speed data collection confirmed an 85th percentile speed of 31 MPH for this stretch of Roripaugh Road.
Swallow Court is a forty (40) foot wide local residential roadway that provides access to Roripaugh Road for numerous single-family residences located within the neighborhood. Swallow Court has a speed limit of 25 MPH and carries approximately 97 ADT.
In September 2021, staff collected volume data over a three (3) day period, which included entering volume data and pedestrian/bicycle volume data at the intersection of Roripaugh Road and Swallow Court. The volume data was used to establish circulation patterns and determine potential "cut -through" traffic volumes. In addition to the data collection, a review of intersection
characteristics and conditions was performed, which included an evaluation of sight distance, collision history, and completion of a multi -way stop warrant analysis at the Roripaugh Road at Swallow Court intersection.
An evaluation of sight distance was performed at the intersection of Roripaugh Road and Swallow Court. A minimum unobstructed sight distance of one hundred and fifty (150) feet is required for the posted 25 mph speed limit on both Roripaugh Road and Swallow Court. The results of the evaluation are shown in the table below:
Location
Sight Distance
Required Visibility
(Posted 25 MPH)
Swallow Court (Westbound)
• Looking South
260'
150,
• Looking North
420'
150,
Swallow Court (Eastbound)
• Looking South
420'
150,
• Looking North
460'
150,
As shown, the visibility at the intersection is more than adequate for both the westbound and eastbound conditions at Roripaugh Road and Swallow Court.
A review of the collision history for the three (3) year period from November 1, 2018 to October 31, 2021, indicates there were zero (0) reported collisions at the intersection of Roripaugh Road and Swallow Court.
The Multi -Way Stop Sign Installation Policy for Residential Streets' warrant criteria was used to evaluate the need for multi -way stop signs at the intersection. The warrants allow for the installation of multi -way stop signs when the following conditions are satisfied:
Minimum Traffic Volumes
a. The total vehicular volume entering the intersection from all approaches is equal to or greater than three hundred (300) vehicles per hour for any eight (8) hours of an average day; and
b. The combined vehicular volume and pedestrian volume from the minor street is equal to or greater than one hundred (100) per hour for the same eight (8) hours.
2. Collision History
a. Three (3) or more reported collisions within a twelve (12) month period of a type susceptible to correction by a multi -way stop installation. Such accidents include right and left -turn collisions as well as right-angle collisions.
3. Roadway Characteristics
a. The traffic volume on the uncontrolled street exceeds two thousand (2,000) vehicles per day;
b. The intersection has four (4) legs, with the streets extending six hundred (600) feet or more away from the intersection on at least three (3) of the legs; c. The vehicular volumes on both streets are nearly equal to a forty/sixty percent (40/60%) split; and
d. Both streets are forty-four (44) feet wide or narrower.
Warrants for Minimum Traffic Volumes, Collision History and Roadway Characteristics must be met to justify the installation of a multi -way stop. Other criteria that may be considered when evaluating the need for multi -way stop signs include:
4. Visibility
a. The intersections sight distance is less than:
■ 150 feet for 25 MPH
■ 200 feet for 30 MPH
■ 250 feet for 35 MPH
5. The need to control left -turn conflicts.
6. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes such as schools, parks, and activity centers.
7. The roadways and intersection appear on a Suggested Route to School plan.
8. There are no traffic signals or all -way stop controls located within six hundred (600) feet of the intersection.
9. The installation of multi -way stop signs is compatible with overall traffic circulation needs of the residential area.
The multi -way stop warrant analysis performed found that the required Warrants 1, 2 & 3 were not satisfied and all -way stop controls are not justified at the intersection based on quantitative data. The Policy does however provide the flexibility to consider the need to control vehicle and pedestrian conflicts near locations that generate high pedestrian volumes such as schools, parks, and activity centers. An evaluation of the intersection pedestrian activity determined that, due to the nearby schools and community recreation center, the residential intersection is experiencing approximately one hundred and twenty (120) pedestrians/bikes per day. Additionally, the closest controlled pedestrian crossing is approximately one thousand five hundred feet (1,500') away at the intersection of Winchester Road/Roripaugh Road which is not a reasonably convenient location for residents to cross Roripaugh Road. Due to the high daily pedestrian volume at the intersection and the lack of a nearby controlled pedestrian crossing, it was determined that the need of a controlled pedestrian crossing via an all -way stop application is justified.
Staff recommends establishing all -way stop controls and striped pedestrian crosswalks at the intersection of Roripaugh Road and Swallow Court. HOA representatives were notified, and they have indicated their support this recommendation.
FISCAL IMPACT: Minor cost associated with the recommended action are included in the Fiscal Year 2021-22 Operating Budget.
ATTACHMENTS: 1. Resolution
2. Location Map (Exhibit A)
3. Multi -Way Stop Warrant Analysis
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, ESTABLISHING AN ALL -WAY STOP
CONTROL AT THE INTERSECTION OF RORIPAUGH
ROAD AND SWALLOW COURT AND FINDING THAT THE
ACTION IS EXEMPT FROM CEQA UNDER SECTION
15301(C) OF THE CEQA GUIDELINES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council has considered the facts justifying the need for stop signs at the location described in this resolution.
A. The City Council hereby finds and determines the installation of the stop signs pursuant to this resolution will enhance public health, safety, and general welfare at the intersection.
B. The City Council hereby finds the proposed stop signs will not create any adverse conditions in the area and the action is exempt from California Environmental Quality Act under Section 15301(c) of the CEQA Guidelines.
Section 2. Pursuant to Section 10.12.100 of the Temecula Municipal Code, the following All -Way Stop Intersection is hereby established in the City of Temecula:
Roripaugh Road at Swallow Court
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 18t" day of January, 2022.
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 18th day of January, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
Exhibit A - Location Map
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MULTI -WAY STOP WARRANT (Residential Streets)
Major Street: Roripaugh Road
Minor Street: Swallow Court
Critical Approach Speed 25 MPH
Critical Approach Speed 25 MPH
Wararnts 1, 2, and 3 Must Be Satisfied
1. Minimum Vehicular Volume Satisfied Yes No X�
MINIMUM REQUIREMENTS 1 7:00 AM 8:00 AMI 12:00 PM1 2:00 PM1 3:00 PM1 4:00 PM1 5:00 PM1 6:00 PM1 Hour Total All
Approaches
300
272
161
158
302
256
200
216
172
Combined Vehicular
Ped Volume
(Minor Street)
100
5 8
7 7
6 6
5 11
2. Collision History
MINIMUM REQUIREMENTS NUMBER OF ACCIDENTS
3 OR MORE
Satisfied
3. Roadway Characteristics Satisfied
(All Parts Below Must Be Satisfied)
A. The traffic volume on the uncontrolled street exceeds two thousand (2,000) vehicles per day,
B. The intersection has four (4) legs, with the streets extending 600 feet or more away from the intersection on at least three (3) of the legs, C. The vehicular volumes on both streets are nearly equal to a forty/sixty percent (40/60%) split, and
D. Both streets are 44 feet wide or narrower.
Options (Other Criteria That May Be Considered)
4. Visibility
The intersection sight distance is less than:
155 feet for 25 MPH
200 feet for 30 MPH
250 feet for 35 MPH
5. The need to control left -turn conflicts.
6. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes such as schools, parks and activity centers.
7. The roadways and intersection appear on a Suggested Route School plan.
8. There are no traffic signal or all -way stop controls located within 600 feet of the intersection.
9. The installation of multi -way stop signs is compatible with overall traffic circulation needs of the residential area.
Yes No X�
Yes No �X
Yes No �X
Yes No
Yes
No
�X
Yes No
�X
Satisfied
Yes No
�X
Yes No �X
Yes 0
Yes 0
No
No �X
Yes No
Yes No
Item No. 10
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
DECEMBER 14, 2021
CALL TO ORDER at 8:04 PM: President Schwank
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
CSD PUBLIC COMMENTS — None
CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Rahn. The vote reflected unanimous approval.
20. Approve Action Minutes of November 23, 2021
Recommendation: That the Board of Directors approve the action minutes of November 23, 2021.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 8:13 PM, the Community Services District meeting was formally adjourned to Tuesday, January 11, 2022 at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
Zak Schwank, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 11
THE SUCCESSOR AGENCY
TO THE TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director/Board of Directors
FROM: Luke Watson, Deputy City Manager
DATE: January 18, 2022
SUBJECT: Approve Recognized Obligation Payment Schedule and Administrative Budget for the Period of July 1, 2022 Through June 30, 2023 (ROPS 22-23) RECOMMENDATION: That the Board of Directors:
1. Adopt a resolution entitled:
RESOLUTION NO. SARDA 2022-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING A RECOGNIZED
OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF
JULY 1, 2022 THROUGH JUNE 30, 2023 PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177 AND
TAKING CERTAIN ACTIONS IN CONNECTION
THEREWITH
2. Adopt a resolution entitled:
RESOLUTION NO. SARDA 2022-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING THE PROPOSED
ADMINISTRATIVE BUDGET PURSUANT TO HEALTH AND
SAFETY CODE SECTION 34177 AND TAKING CERTAIN
ACTIONS IN CONNECTION THEREWITH
BACKGROUND: Pursuant to Health and Safety Code Section 34177 and Section 34177 (o), successor agencies are required to prepare, in advance, a Recognized Obligation Payment Schedule (ROPS) that is forward looking for twelve months. The ROPS lists all of the Successor Agency's anticipated payments for enforceable obligations during the covered period.
The Successor Agency is required to submit this ROPS for the period of July 1, 2022 through
June 30, 2023 to the Riverside County Oversight Board for approval by January 30, 2022, and the State Department of Finance, the State Controller's Office, and the County Auditor Controller no later than February 1, 2022.
Preparation of a Recognized Obligation Payment Schedule is in furtherance of allowing the Successor Agency to pay enforceable obligations of the former Redevelopment Agency.
Administrative Budget
The proposed administrative budget must include all of the following:
• Estimated amounts for Successor Agency administrative costs for the applicable six- month fiscal period;
• Proposed sources of payment for the administrative costs; and • Proposals for arrangements for administrative and operations services provided by the City or other entity.
ABX1 26 provides that the Successor Agency may include, among others, the value of City staff, including employee benefits, necessary for the administration and operations of the Successor Agency; and the cost of other resources of the City necessary for the administration and operations of the Successor Agency, such as office space, supplies, equipment, utilities, and insurance.
ABX1 26 provides for an administrative cost allowance to annually be paid to the Successor Agency of not less than $250,000 a year. However, in the event there are insufficient funds to pay the former Redevelopment Agency's enforceable obligations, some or all of the administrative cost allowance will be used to pay for the enforceable obligations, and these funds will not be available for administrative expenses of the Successor Agency.
The administrative cost allowance will exclude any administrative costs that can be paid from bond proceeds or from sources other than property tax. However, the use of bond proceeds to pay administrative expenses is subject to certain limitations.
The Successor Agency is now required to submit each proposed administrative budget to the County Oversight Board for its approval. The Successor Agency is also required to provide administrative cost estimates from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor -Controller for each six-month fiscal period.
The attached Resolution approves the proposed administrative budget for FY 2022-23, which is attached as Exhibits A to the Resolution. Because of the County's early deadline for the approval of the proposed budget, the attached proposed budget is based upon the 2020-21 budget.
FISCAL IMPACT: Adoption of the proposed resolution will enable the Successor Agency to fulfill its enforceable obligations. In accordance with Health and Safety Code Section 34173(e), the liability of the Successor Agency, acting pursuant to the powers granted under Part
1.85, shall be limited to the extent of, and payable solely from, the total sum of property tax
revenues it receives pursuant to Part 1.85 and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations of the Successor Agency and not of the City.
ABX1 26 provides for an administrative cost allowance to annually be paid to the Successor Agency of not less than $250,000 a year, as outlined in the proposed 2022-23 Administrative Budget.
ATTACHMENTS: 1. Resolution - ROPS
2. Exhibit A — Recognized Obligations Payment Schedule for the period of July 1, 2022 through June 30, 2023 (ROPS 22-23)
3. Resolution — Budget
4. Exhibit A — 2022-23 Successor Agency to the Redevelopment Administrative Budget
RESOLUTION NO. SARDA 2022-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING A
RECOGNIZED OBLIGATION PAYMENT SCHEDULE
FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30,
2023 PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34177 AND TAKING CERTAIN ACTIONS IN
CONNECTION THEREWITH
THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE
TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that:
A. The Redevelopment Agency of the City of Temecula was a redevelopment agency in the City of Temecula, duly created pursuant to the Community Redevelopment Law, Part 1, commencing with Section 33000, of Division 24 of the California Health and Safety Code (hereafter the "Temecula Redevelopment Agency"). On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988-1." On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11, 91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. The Plan has been amended by Ordinance Nos. 94-33, 06-11 and 07- 20 adopted by the City Council.
B. The City Council of the City of Temecula adopted Resolution No. 12-02 January 10, 2012, pursuant to Health and Safety Code Section 34173 and applicable law electing for the City to serve as the Successor Agency for the Temecula Redevelopment Agency upon the dissolution of the Redevelopment Agency of the City of Temecula. The City Council of the City of Temecula, acting as the Governing Body for the Successor Agency to the Temecula Redevelopment Agency, adopted Resolution No. 12-01 on February 28, 2012 declaring the Successor Agency to the Temecula Redevelopment Agency duly constituted pursuant to law and establishing rules and regulations for the operation of the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency").
C. Pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 CalAth 231(2011)), on February 1, 2012, all assets, properties, contracts, leases, books and
records, buildings, and equipment of the former Temecula Redevelopment Agency transferred to the control of the Successor Agency by operation of law.
D. Pursuant to Health and Safety Code Section 34177(o), the Successor Agency must prepare a Recognized Obligation Payment Schedule listing the anticipated payments for enforceable obligations to be made by the Successor Agency during the fiscal period from July 1, 2022 through June 30, 2023 (ROPS 22-23) and submit ROPS 22-23 to the Riverside County Oversight Board of the Successor Agency (the "Oversight Board") for approval.
E. Accordingly, the Board desires to adopt this Resolution approving the ROPS 22-
23. Section 2. This Resolution is adopted pursuant to Health and Safety Code Section 34177.
Section 3. The Board hereby approves ROPS 22-23 substantially in the form attached as Exhibit A to this Resolution and incorporated herein by reference (the "ROPS"). The Executive Director of the Successor Agency, in consultation with the Successor Agency's legal counsel, may modify the ROPS 22-23 as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable.
Section 4. The Board hereby designates the Finance Director as the official to whom the DOF may make requests for review in connection with the ROPS 22-23 and who shall provide the DOF with the telephone number and e-mail contact information for the purpose of communicating with the DOF.
Section 5. Staff is hereby authorized and directed to post a copy of the Oversight Board -approved ROPS 22-23 on the Successor Agency's website.
Section 6. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, including submitting the ROPS 22-23 to the oversight board for approval and requesting additional review by the DOF and an opportunity to meet and confer on any disputed items, and any such actions previously taken by such officers are hereby ratified and confirmed.
Section 7. The Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 181h day of January, 2022.
Matt Rahn, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 2022- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 181h day of January, 2022, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
:1► :•:CI a u: :_
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
4 EXHIBIT A
Recognized Obligations
Payment Schedule (ROPS) for the period
July 1, 2022
through June 30, 2023 (ROPS 22-23)
Temecula ROPS 2022-23 Annual
I[em# Obligation Name
Obligation Ty,
Agreement Execution Cate Agreement
Termination Date Payee
DesRipiion
1 Trustee Ad— Fees
Fees
04/24/2002
06/30/2036 US Bank as Trustee for Bondholders
Trurtee Fees for TAB Bond Issues
2 Abbott OPA
OPA/DDA/C..—,,ion
02/12/2002
02/12/2021 Abbott Vascular
Property Tax Reimbursement
3 Abbott OPA
OPA/DDA/C..—,,ion
02/12/2002
02/12/2030 Abbott Vascular
Reimbursement for Deyelopmen(Improvements
4 SERAF Payment Reimbursment
SERAF/ERAF
05/10/2011
05/10/2025 Low -Mod Housing Fund
Loan of Low Mod to Redeye. Fund for SERAF
5 Temecula Gardens LY Loan Agree .
m
OPA/DDA/C..—,,ion
0J/01/1998
eme
0J/01/202J Temecula Gardens L.P.
Loan for Affordable Housing
romenade 14 PParking Garage OPA
OPA/DDA/C..—,,ion
0J/24/200J
0J/29/2016 F.11-City
Public Par
Loan for king Garage
20 Agency Admini..U.n
Ad— Cos[,
07/01/2012
06/30/2016 Multiple Payees
A. -I Staff Compensation/Agency Admin
21 Rh Street Promissory Note
City/County Loan (Prior 06/28/11), Property transa d..
03/12/1996
12/31/2016 City of Temecula
Loan for acquisition of property for public parking lot 22 Bond Proceeds 3010-17A
Bonds Issued On or Before 12/31/1G
04/24/2002
O7/28/2036 US Bank as Trustee for Bondholders
Bonds Issues to Fund Redevelopment ARivities
23 Bond Proceeds 3010-1713
Bonds Issued On or Before 12/31/1G
12/01120D6
D7/3D/2036 US Bank as Trurtee for Bondholders
Bonds Issues to Fund Redevelopment ARivities
24 Unfunded Obligations
Bonds Issued Aker 12/31/10
03/01/2011
D7/31/2036 US Bank as Trurtee for Bondholders
Bonds Issues to Fund Redevelopment ARivities
25 Unfunded Obligations
Professional Services
03/22/2011
D6/30/2016 Environmental Science Associates
Jefferson Corridor Specific Plan EIR
26 Unfunded Obligations
Professional5ervices
03/22/2011
06/30/20161nland Planning&Design
Jefferson Corridor Specific Plan
27 Unfunded Obligations
OPA/DDA/Con ,—.n
02/12/2002
02/12/2021 Abbott Vascular
Property Tax Reimbursment
28 Unfunded Obligations
Bonds Issued On or Before 12/31/1G
04/24/2002
O7/28/2036 US Bank as Trurtee for Bondholders
Bonds Is sues to Fund Redevelopment ARivities
29 Unfunded Obligations
Bonds Issued On or Before 12/31/1G
12/01120D6
07/30/2036 US Bank as Trurtee for Bondholders
Bonds Is sues to Fund Redevelopment ARivities
30 Professional5ervices
Unfunded Liabilities
03/22/2011
D6/30/2016 Environmental Science Associates
Jefferson Corridor Specific Plan EIR
31 Tax Allocation Refunding Bonds Series 201JA
Refunding Bonds Issued ARer 6/37/11
12/14/201J
12/15/2038 US Bank as Trustee for Bondholders
B.ndslssues to Fund Redevelopmen[ARivities
32 Tax Allocation Refunding Bonds Series 201J0
Refunding Bonds Issued ARer 6/27/12
12/14/201J
12/15/2039 US Bank as Trustee for Bondholders
Bonds Issues to Fund Redevelopmen[ARivities
33 H.- ng Bond Proceeds Funding Agreement
Bond Funded ProjeR- Housing
30/2J/201J
12/31/2039 Housing Successor
Transfer[. Housing Successor for Housing Proj.-
342007 Bond Proceeds Funding Agreement
Bond Funded ProjeR- Pre-2011
30/27/2017
02/12/2021 Cityof Temecula
Eligibleprograms/pr.j,,d—th,n Projectarea
35 Unfunded Obligations
Refunding Bonds Issued After 6/27/12
12/14/2017
12/1512038 US Bank as Trustee for Bondholders
Bonds Issues to Fund Redevelopment ARivities
Total Outrtanding Obligation Total Requested Funding Notes 6,D00 4,000
RESOLUTION NO. SARDA 2022-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE SUCCESSOR AGENCY TO THE TEMECULA
REDEVELOPMENT AGENCY APPROVING THE
PROPOSED ADMINISTRATIVE BUDGET PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177 AND
TAKING CERTAIN ACTIONS IN CONNECTION
THEREWITH
THE BOARD OF DIRECTORS OF THE OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Board of Directors of the Successor Agency to the Temecula Redevelopment Agency does hereby find, determine and declare that:
A. Pursuant to Part 1.85 of the Community Redevelopment Law (commencing with Health and Safety Code Section 34170) ("Part 1.85"), the Successor Agency to the Temecula Redevelopment Agency ("Successor Agency") is required to undertake a number of actions related to winding down the affairs of the former Redevelopment Agency pursuant to Health and Safety Code Section 34177(h).
B. In connection with the administration and operations of the Successor Agency, the Successor Agency is and will be utilizing the staff, facilities, and other resources of the City.
The City Manager of the City serves as Executive Director of the Successor Agency, the Temecula Director of Finance serves as Finance Officer of the Successor Agency, and the City Clerk serves as Secretary to the Successor Agency. Planning, Finance, Engineering, Public Works, and other City departments devote and are expected to devote substantial time with respect to the administration and operations of the Successor Agency, including gathering information relating to the Redevelopment Agency's enforceable obligations, conferring with public officials representing governmental agencies, and undertaking other activities in connection with administration and operations of the Successor Agency.
C. By providing and making available to the Successor Agency the staff, facilities, services, and other resources of the City, including, without limitation, consultants, legal counsel, office space, equipment, supplies, and insurance, necessary to the administration and operations of the Successor Agency, the City has advanced and will continue to advance the cost of the foregoing to the Successor Agency. The City and the Successor Agency desire to enter into an agreement to provide for an appropriate method of reimbursement of such advances by the Successor Agency to the City.
D. Pursuant to Health and Safety Code Section 34171(d)(1)(F), contracts or agreements necessary for the administration or operation of the Successor Agency are enforceable obligations and pursuant to Health and Safety Code Sections 34178(a) and 34180(h), the Successor Agency may enter into agreements with the City with the approval of the oversight board for the Successor Agency (the "Oversight Board").
E. Pursuant to Health and Safety Code Section 341770), the Successor Agency is required to prepare a proposed administrative budget for each six-month fiscal period and submit each proposed administrative budget to the Oversight Board for its approval. Each proposed administrative budget shall include all of the following: (1) Estimated amounts for Successor Agency administrative costs for the applicable six-month fiscal period; (2) Proposed sources of payment for the costs identified in (1); and (3) Proposals for arrangements for administrative and operations services provided by the City or another entity.
F. Pursuant to Health and Safety Code Section 34177(k), the Successor Agency is required to provide administrative cost estimates, from its approved administrative budget that are to be paid from property tax revenues deposited in the Redevelopment Property Tax Trust Fund, to the County Auditor -Controller for each applicable six-month fiscal period.
Section 2. This Resolution is adopted pursuant to the provisions of Part 1.85.
Section 3. The Board hereby approves the administrative budget for the twelve- month fiscal period commencing July 1, 2022 and ending June 30, 2023, attached hereto as Exhibit A and incorporated herein by reference.
Section 4. The officers and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution, and any such actions previously taken by such officers and staff are hereby ratified and confirmed.
Section 5. The Secretary shall certify to the adoption of this Resolution.
N
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency this 18th day of January, 2022.
Matt Rahn, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Successor Agency to the Temecula Redevelopment Agency, do hereby certify that the foregoing Resolution No. SARDA 2022- was duly and regularly adopted by the Board of Directors of the Successor Agency to the Temecula Redevelopment Agency at a meeting thereof held on the 18th day of January, 2022, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
:I► I-TOMT-5-4 -11 15V UNTS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
M
Exhibit A
Successor Agency to the Temecula Redevelopment Agency
FY 2021-20 Administrative Budget
Exhibit A
Successor Agency to the Redevelopment Agency
Proposed FY 2022-23 Administrative Budget
Account Number
Category
Administrative Portion
Other Sources
Total
165.199.999.5100
Salaries & Wages
$80,481.64
$109,831.36
$190,313.00
165.199.999.5101
Deferred Compensation
$2,061.59
$2,813.41
$4,875.00
165.199.999.5102
PIERS Retirement
$25,171.74
$34,351.26
$59,523.00
165.199.999.5103
CAL Cash Out
$3,415.69
$4,661.31
$8,077.00
165.199.999.5104
Medicare
$1,216.66
$1,660.34
$2,877.00
165.199.999.5105
Benefits Flex - Cash Back
$0.00
$0.00
$0.00
165.199.999.5106
Auto Allowance
$507.47
$692.53
$1,200.00
165.199.999.5108
Vol Life Insurance
$67.24
$91.76
$159.00
165.199.999.5109
Unemployment Training Tax
$231.32
$315.68
$547.00
165.199.999.5110
Disability Insurance
$0.00
$0.00
$0.00
165.199.999.5111
Cafeteria Benefit
$13,803.16
$18,836.84
$32,640.00
165.199.999.5112
Workers' Comp
$0.00
$0.00
$0.00
165.199.999.5113
Health Insurance
$0.00
$0.00
$0.00
165.199.999.5114
Dental Insurance
$0.00
$0.00
$0.00
165.199.999.5115
Medical Reimbursement
$0.00
$0.00
$0.00
165.199.999.5116
Vision Insurance
$0.00
$0.00
$0.00
165.199.999.5117
Child Care Reimbursement
$0.00
$0.00
$0.00
165.199.999.5121
Overtime Wages
$642.79
$877.21
$1,520.00
165.199.999.5190
Life & Accident Insurance
$0.00
$0.00
$0.00
Total Salaries and Benefits
$127,599.30
$174,131.70
$301,731.00
165.199.999.5230
Postage & Packaging
$224.13
$305.87
$530.00
165.199.999.5246
Legal Services - General
$41,725.80
$56,942.20
$98,668.00
165.199.999.5248
Consulting Services
$4,399.76
$6,004.24
$10,404.00
165.199.999.5250
Other Outside Services
$60,692.04
$82,824.96
$143,517.00
165.199.999.5260
Professional Meetings
$0.00
$0.00
$0.00
165.199.999.5261
Staff Training/Education
$0.00
$0.00
$0.00
165.199.999.5262
Mileage
$112.07
$152.93
$265.00
165.199.999.5444
Oversight Board Obligations
$0.00
$0.00
$0.00
Total Operations and Maintenance
$107,153.79
$146,230.21
$253,384.00
165.199.999.5330
Insurance
$4,730.88
$6,456.12
$11,187.00
165.199.999.5540
Information Technology
$6,487.57
$8,853.43
$15,341.00
165.199.999.5545
Support Services
$55.82
$76.18
$132.00
165.199.999.5550
Facilities
$3,972.64
$5,421.36
$9,394.00
Total Internal Service Fund Allocation
$15,246.91
$20,807.09
$36,054.00
Total SARDA Administrative
Budget
$250,000.00
$341,169.00
$591,169.00
Item No. 12
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 18, 2022
SUBJECT: Consider Appointments to City Council Committees for Calendar Year 2022 PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council appoint members to serve on committees for calendar year 2022 and approve related City Council Committee Appointments List.
BACKGROUND: The City Council annually appoints members of its legislative body to serve as liaisons to City boards and commissions, external organizations, standing committees, and ad hoc subcommittees. Each year the City Council Committee Assignments List is reviewed and revised for the upcoming calendar year. The Council Members appointed serve a calendar year (January 1 — December 31). For appointments to external organizations that include a stipend, Form 806 is completed and posted pursuant to requirements set forth by the Fair Political Practices Commission. Proposed changes to committee names, dates, and/or descriptions are visible in strikethrough, bold and/or highlighted text. It is therefore recommended that the City Council review and approve the committee list and make related appointments.
FISCAL IMPACT: None
ATTACHMENT: City Council Committee Assignment List
DRAFT 2021 CITY COUNCIL COMMITTEE ASSIGNMENTS
Commission Liaison (One Member)
Current Member
Community Services Commission
Schwank
Old Town Local Review Board
Alexander
Planning Commission
Stewart
Public/Traffic Safety Commission
Edwards
Race, Equity, Diversity and Inclusion Commission
Edwards, Rahn
Standing Committees (Two Members)
Current Members
Arts and Cultural Affairs Subcommittee
Edwards, Schwank
City Sustainability Program Subcommittee
Rahn, Stewart
E-Government and Temecula Outreach Subcommittee
Edwards, Schwank
Economic Development Subcommittee
Edwards, Stewart
Old Town Steering Subcommittee
Alexander, Schwank
Finance Subcommittee
Edwards, Rahn
Infrastructure Beautification Subcommittee
Edwards, Stewart
Joint City Council/TVUSD Subcommittee
Rahn, Schwank
Military Subcommittee
Alexander, Schwank
Move 1-15 Through Temecula Valley Subcommittee
Edwards, Rahn
Murrieta/Temecula Subcommittee
Alexander, Edwards
Parks, Recreation and Community Services Subcommittee
Alexander, Schwank
Public Works Subcommittee
Edwards, Rahn
Southwest Cities Coalition Qi ihrmmn*tee
Edwards SGh\e of
Representative Assignments
(External Organizations - Stipend Not Included)
Current Member(s)
Animal Shelter Liaison/JPA Representative
Schwank
League of California Cities — Voting Delegate
Rahn, (Alternate Schwank)
National League of Cities — Voting Delegate
Rahn, (Alternate Schwank)
Pechanga Tribal Council Representative
Edwards
Rancho California Water District Liaison
Stewart, (Alternate Schwank)
Southwest Riverside County Energy Authority (SRCEA) JPA Edwards, Schwank
Temecula Sister City Liaison
Schwank
Representative Assignments
(External Organizations — May Include Stipend)
Current Member(s)
Western Riverside County Regional Conservation Authority (RCA) Edwards (Alternate Schwank)
Riverside County Habitat Conservation Agency Board RCHCA Edwards, Alternate Schwank
Riverside County Transportation Commission (RCTC)
Rahn, (Alternate Edwards)
Riverside Transit Agency (RTA)
Schwank, (Alternate Edwards)
WRCOG Executive Committee and Zone Committee
Edwards, (Alternate Stewart)
Ad Hoc Committees (Two Members)
Current Members
Altair Property Ad Hoc Subcommittee
Edwards, Rahn
Community Service Funding Ad Hoc Subcommittee
Alexander, Schwank
Diaz Property Ad Hoc Subcommittee
Edwards, Rahn
French Valley Parkway Interchange Ad Hoc Subcommittee
Edwards, Rahn
General Plan Update Ad Hoc Subcommittee
Edwards, Rahn
Higher Education Ad Hoc Subcommittee
Edwards, Rahn
Hospital Ad Hoc Subcommittee
Edwards, Rahn
Human Services Ad Hoc Subcommittee
Alexander, Edwards
Infill Land Use and Project Review Ad Hoc Subcommittee
Edwards, Rahn
Luxury DealershipStAhC�MrAittee
Edwards Rohn
Margarita Recreation Center Ad Hoc Subcommittee
Alexander, Schwank
Memorial and Monument Policy Ad Hoc Subcommittee
TBD
Murrieta Creek Project Ad Hoc Subcommittee
Rahn, Schwank
Old Town Civic Center Ad Hoc Subcommittee
Alexander, Stewart
Police Base of Operations Ad Hoc Subcommittee
Rahn, Stewart
Promenade in Temecula Ad Hoc Subcommittee
Edwards, Schwank
Public Safety Ad Hoc Subcommittee
Edwards, Rahn
Roripaugh Ranch (aka Sommers Bend) Ad Hoc Subcommittee
Edwards, Schwank
Service Level Assessments Ad Hoc Subcommittee
Schwank, Stewart
Short Term Vacation Rentals Ad Hoc Subcommittee
Rahn, Schwank
Strategic Fiscal Planning Ad Hoc Subcommittee
Edwards, Rahn
Supportive Housing/Services Ad Hoc Subcommittee
Rahn, Schwank
Trails / Open Space Ad Hoc Subcommittee
Alexander, Schwank
TVE2 (Small Business Incubator) Ad Hoc Subcommittee
Schwank, Stewart
Uptown Temecula Ad Hoc Subcommittee
Edwards, Rahn
Wall of Honor Ad Hoc Subcommittee
Alexander, Edwards
VVinnhesteF Hills Ad HGG SubGOmmi
Rahn 0Qnhwank
Ad Hoc Subcommittees are formed for a specific limited purpose and operate for a limited time until its purposes are fulfilled ("ad hoc") as opposed to "standing committees" that have continuing subject matter jurisdiction. The descriptions of the purposes and duration of the ad hoc subcommittees are as follows:
Altair Property Ad Hoc Subcommittee — This subcommittee will provide staff direction on development options for the property located west of Pujol below the western escarpment.
Development on this property would include the construction of the Western By -Pass Corridor and has potential for an "in town" residential neighborhood adjacent to Old Town. The term of this subcommittee is through the completion of the development and disposition of the property.
Community Service Funding Ad Hoc Subcommittee — This subcommittee reviews funding applications from various non-profit organizations requesting Community Service funding for the 2 year. This subcommittee will meet in September/October 2022 and will make specific recommendations to the City Council for fiscal year 2022-2023 Community Service funding.
Diaz Property Ad Hoc Subcommittee — This subcommittee is responsible for evaluating and negotiating terms and conditions associated with the disposition and development of the Agency owned property located at the Northwest Corner of Diaz Road and Dendy Parkway. The term of this subcommittee is through the completion of the development or disposition of the property.
French Valley Parkway Interchange Ad Hoc Subcommittee — This subcommittee shall work with representatives from Caltrans, Federal Highways, and elected officials at the city, state, and federal levels. The term of this subcommittee is through the completion of the construction of the interchange project.
General Plan Update Ad Hoc Subcommittee — This subcommittee will provide direction and recommendations relating to the General Plan update project, which will kick-off with updating several supporting components including the Quality of Life Master Plan (QLMP), Housing Element, Circulation Element. The term of this subcommittee is through the adoption of a comprehensive General Plan Update.
Higher Education Ad Hoc Subcommittee — This subcommittee is responsible for attracting and facilitating the development of a higher education facility and programs in the City of Temecula, including the new higher education complex acquired by MSJC and expansion of CSUSM in the City. The subcommittee will report back to the City Council on its recommendations by December 2022.
Hospital Ad Hoc Subcommittee — This subcommittee will monitor and provide feedback on the implementation of the development plan for the existing Temecula Valley Hospital. It is anticipated that this subcommittee will need to continue through the implementation of the development plan.
Human Services Ad Hoc Subcommittee —This subcommittee will evaluate services and programs related to special needs, homelessness, senior citizens and mental health awareness to identify non-profit stakeholders to enhance and coordinate delivery of these services. This subcommittee will also review funding associated with these programs and services for Fiscal Year 2022-2023 and report back on its recommendations to the City Council by December 2022.
Infill Land Use and Project Review Ad Hoc Subcommittee — While this subcommittee will not be negotiating individual infill projects, the subcommittee will be working closely with staff to identify and consider potential infill sites in 2022, ensuring consistency with the City's General and Growth Management Plans and zoning designations.
Luxury Gar Dealership Ad HOG SubGE)Mmittee This subGGITIMO#e�
Margarita Recreation Center Ad Hoc Subcommittee - This subcommittee will work with staff to explore concepts for an intergenerational recreation and human services facility and provide input based upon community workshops and needs assessments during the design process. The term of this subcommittee is through the completion of the renovations design build at the Margarita Recreation Center.
Memorial and Monument Policy Ad Hoc Subcommittee - This subcommittee with work with staff to research and develop a citywide memorial and monument policy for adoption by the City Council. The term of this subcommittee will be through the adoption of the related policy.
Murrieta Creek Protect Ad Hoc Subcommittee - This subcommittee will provide direction and recommendations that involve the Army Corps of Engineers Project that improves Murrieta Creek to provide added flood protection. The term of this subcommittee is through the completion of the Murrieta Creek Improvement Project.
Old Town Civic Center Ad Hoc Subcommittee - This subcommittee is responsible for evaluating and negotiating terms and conditions associated with the disposition and development of the Agency owned property located adjacent to the Town Square along Main Street in Old Town. The term of this subcommittee is through the completion of the adjacent properties.
Police Base of Operations Ad Hoc Subcommittee - This subcommittee will evaluate alternatives to the police base of operations currently located at Southwest Station on Auld Road to a location within the City's boundaries and make related recommendations to the City Council by December 2022.
Promenade in Temecula Ad Hoc Subcommittee - This subcommittee would provide direction and review of any potential development applications associated with the City's regional mall in 2020.
This subcommittee will meet on an as -needed basis and will report back to the City Council with appropriate recommendations by December 2022.
Public Safetv Ad Hoc Subcommittee - This supeeMMiftee will ��ith staff te menotor the w let+e^ of 4n-vr th G GE)RStFLJGtiGR of the ^- safety men e This subcommittee will work with staff to evaluate and discuss the City's public safety operations, opportunities for efficiencies, and other related matters. The subcommittee will meet on an as -needed basis and will report back to the Citv Council with agDrogriate recommendations by December 2022.
Roripaugh Ranch (aka Sommers Bend) Ad Hoc Subcommittee - This subcommittee will monitor and report on the issues affecting the Community Facility District Bonds, and development issues affecting the Roripaugh Ranch Specific Plan and the development now known as Sommers Bend.
The term of this subcommittee is through the build out of the Roripaugh Ranch Specific Plan. 12 Service Level Assessments Ad Hoc Subcommittee — This subcommittee will provide staff direction regarding landscape maintenance zones throughout the City, proposal(s) for new assessments, public outreach and recommendations to the full City Council. The term of this subcommittee will be through the completion of the Proposition 218 process through December 2022.
Short Term Vacation Rentals Ad Hoc Subcommittee — This subcommittee will provide staff direction on the development of regulations pertaining to the use and operation of short-term vacation rental businesses. The term of this subcommittee is through the completion of the adoption of a related ordinance.
Strategic Fiscal Planning Ad Hoc Subcommittee —This subcommittee will provide direction regarding fiscal policies and strategies related to new revenue streams and a new User Fee Study. The term of this subcommittee is through 2022.
Supportive Housing/Services Ad Hoc Subcommittee — This subcommittee will work with staff to identify and implement solutions to provide both housing and supportive services for families and individuals who meet the criteria of extremely low, very low and low income by evaluating affordable housing development opportunities utilizing remaining affordable housing bond proceeds.
responding to the Request for Proposals for Affordable I-Iinn icci port in 2017. The term of this subcommittee is through the expenditure of the available Affordable Housing bond proceeds.
Trails and Open Space Ad Hoc Subcommittee — This subcommittee will provide direction and input on the efforts underway to enhance existing trails, complete trail connections, as well as consider additional possible trail ways for multi -purpose uses including equestrian, pedestrian, and cycling. This subcommittee also provides staff direction on potential annexations of areas within the City's Sphere of Influence and potential purchase of permanent open space property similar to property purchased along the escarpment west of the City limit which was purchased by the City and deeded to the Regional Conservation Authority (RCA). It is anticipated that this subcommittee will need to continue through 2022.
TVE2 (Small Business Incubator) Ad Hoc Subcommittee —This subcommittee will evaluate policies and procedures related to incubator use and application selection. This subcommittee will also review applications from developing entrepreneurs for incubator use and selection in 2021-2022 and make related recommendations to the City Council by December 2022.
Uptown Temecula Ad Hoc Subcommittee — City Council has given staff direction to analyze the redevelopment of Uptown Temecula, the City's first commercial district. This subcommittee will provide staff with direction as we analyze the potential for an urbanized extension of Old Town including increased commercial and corporate office opportunities as well as mixed use residential development and the initial implementation of the Uptown Temecula Specific Plan and the In -Lieu Road Fee. The term of this subcommittee is through the implementation and development of the Uptown Temecula Specific Plan.
Wall of Honor Ad Hoc Subcommittee — This subcommittee will work with staff to make 5 recommendations regarding community members who have made significant contributions to the City of Temecula in 2022. This subcommittee is needed on an ongoing basis to potentially recognize outstanding citizens.
[.
Item No. 13
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: January 18, 2022
SUBJECT: Consider State and Federal Legislative Mandates (At the Request of Mayor Rahn) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council consider state and federal legislative mandates and provide general direction regarding the same.
BACKGROUND: At the December 14, 2021 meeting, the City Council unanimously approved the placement of the above -referenced subject on the agenda at the request of Mayor Rahn. Over the last several years, rules and regulations imposed upon local government have become unduly burdensome. More specifically, onerous state legislation related to housing and transportation, as well as other topics, is being mandated upon cities at an increasing rate without proper consideration of impacts to communities. The one size fits all solutions proposed to broad issues of concern lack an appropriate balance of proactive versus reactive measures that may be implemented in phased approaches based upon the individual needs and characteristics of a community. While the City continues to actively engage on the legislative front through its state and federal lobbyists and professional associations with its guiding principles adopted annually through the legislative platform, it is evident that a more strategic initiative focusing on near-, mid-, and long- term legislative priorities might be needed to effectively engage with all stakeholders in effort to preserve and enhance the quality of life locally. It is therefore recommended that the City Council discuss and provide direction as they deem appropriate.
FISCAL IMPACT: None
ATTACHMENTS: None
Item No. 14
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Zachary Hall, Chief of Police
DATE: January 18, 2022
SUBJECT: Temecula Sheriff's Monthly Report (November 2021) PREPARED BY: Joseph Greco, Sergeant
RECOMMENDATION: Receive and file.
The following report reflects the activity of the Temecula Sheriff's Department for November 2021.
PATROL SERVICES
Overall calls for police service 6,626
"Priority One" calls for service 60
Average response time for "Priority One" calls 6.07
VOLUNTEERS
Chaplain 24
Community Action Patrol (CAP) hours 755
Reserve officer hours (patrol) 56
Explorer 93
Station/Administration 27
Total Volunteer hours 955
OLD TOWN STOREFRONT
Total customers served
217
Fingerprints/Live Scans
50 Police reports filed
4 Citations signed off
12 Total receipts
$2,827
CRIME PREVENTION
Crime prevention/Neighborhood watch meetings 8
Safety presentations/TrainingI 1
Special events 16
Residential/Business security surveys conducted 6
Residences/Businesses visited for past crime follow-up 0
Station Tours 1
Planning Review Projects 73
Temp Outdoor Use Permits 32
SPECIAL TEAMS (HOMELESS OUTREACH TEAM)
On sight felony arrests
2 On sight misdemeanor arrests
21 Felony arrest warrants served
5 Misdemeanor arrest warrants served
104
Area Checks
99 Camp Checks
70 Pedestrian Checks
60 Traffic StopsNehicle Checks
14 Outreach attempts / Success
14/9
SPECIAL TEAMS (Special Enforcement Team)
On sight felony arrests
60 On sight misdemeanor arrests
55 Felony arrest warrants served
12 Misdemeanor arrest warrants served
28 Follow-up investigations / search warrants
6 Parole/Probation Searches
12 Pedestrian Checks
38 Traffic StopsNehicle Checks
112
Marijuana Dispensary Checks
0 SPECIAL TEAMS (Metro District Team)
On sight felony arrests
4 On sight misdemeanor arrests
14 Felony arrest warrants served
8 Misdemeanor arrest warrants served
29 Bar/Business checks
300
D.U.I. Arrests
8 Traffic/Parking citations
212
TRAFFIC
Citations issued for hazardous violations
778
Non -hazardous citations
211
Parking citations
161
Stop Light Abuse/Intersection Program (S.L.A.P.) citations 31 Seatbelts
50 Cell Phone Cites
57 Injury collisions
26 D.U.I. Arrests
37 Grant funded D.U.I. Traffic safety checkpoints / saturation enforcement 0 Grant funded traffic click it or ticket / traffic enforcement 0 INVESTIGATIONS
Beginning Caseload
102
Total Cases Assigned
31 Total Cases Closed
30 Search Warrants prepared/served
37 Arrests
2 Out of Custody Filings
2 1' ; i7ulil12I:�7ilu/:vilil m.30-1
Calls for service
272
Felony arrest/filings
0 Misdemeanor arrest/filings
16 Traffic Citations
24 Total customers served
585
Fingerprints/Live Scans
164
Total receipts
$7,677
SCHOOL RESOURCE OFFICERS
Felony arrests
4 Misdemeanor arrests
5 Reports
30 Citations
32 Meetings/Presentations
269
Incident summaries:
Calls for Service: Officers responded to 6,626 calls for service in November 2021. Below is a snapshot of those calls. This is not a comprehensive list. Please be mindful these calls can range from several minutes to several hours, to investigate at the patrol level. Many of these investigations are forwarded to the Detective Bureau for even further investigation and follow-up.
Call Type
Number
of Calls
Call Type
Number of
Calls
Arson
Hazard
3 Assault with a Deadly Weapon
4 Homeless Outreach
14 Battery (Fights)
60 Illegal Dumping
1 Burglary -Commercial
15 Indecent Exposure
1 Burglary -Residential
16 Juvenile -incorrigible
10 Burglary -Vehicle
24 Juvenile -Run Away
22 Child Abuse
11 Juvenile -Located
5 Domestic Violence Abuse
19 Juvenile -Medical Aid
10 Fraud
39 K9 Uses
41 Homicide
Keep the Peace
21 Rape
1 Mail Theft
9 Robbery
4 Marijuana Cultivation
Theft- PettyUnder $950
77 Mentally Disturbed Person (5150)
54 Theft -Grand (over $950)
33 Missing Adult or Child
13 Narcotics Violations
91 Person Down
18 Alarm -Audible
428
Prowler
4 Alarm -Robbery
Receiving Stolen Property
2 Alarm -Silent
19 Restraining Order Violation
10 Animal Cruelty
9 Sex Offender Registrants
Annoying Phone Calls
22 Sexual Battery
3 Area Checks
680
Shooting at a Dwelling
7 Assist Other Department
127
Stolen Vehicle
48 Brandishing a Firearm
6 Stolen Vehicle Recovery
9 Check the Welfare
114
Suicide threat
11 Child Stealing
26 Suspicious Person
148
Criminal Threats
2 Suspicious Vehicle
61 Disoriented Subject
6 Trespassing
89 Disturbing the Peace
204
Unattended Death
11 Drunk in Public
33 Vandalism
53 Extra Patrol Requests
26 Vehicle Embezzlement
2 Fireworks
6 Vicious Dog
2 Follow -Up Investigations/Patrol
261
Warrant Service
233
911 Calls
770
REQUEST TO SPEAK
FORMS, ELECTRONIC
COMMENTS AND
DOCUMENTS SUBMITTED
FOR THE RECORD
REQUEST TO SPEAK
CITY OF TEMECULA
G1989
Public Comment: Non-Agendized It7:K' Agendized Item:
Agenda Item No. For ❑ Against ❑
Date:11P/2 �-
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk rp for to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the recor
Name: Phone Number:
Address
Email address:
If you are representing an organization or group, please give the name:
Please note that all information presented at a City Council meeting becomes public record.
All information provided is optional.
REQUEST TO SPEAK
CITY OF TEMECULA
Date: l " I [) " 6-24Z
Public Comment: Non-Agendized Item:MAgendized Item: El
Agenda Item No. ForEl Against ❑
Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.
Name: A, IA'T \ Phone Number: